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Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ......rned Magistrate decided to commit the accused persons to the Court of Session under section 437 CrPC, the case was taken out of the purview of Chapter XXI of the Code of Criminal Procedure and the provisions of Chapter XVIII thereof were attracted and in the circumstances the order of discharge ..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......rned Advocate has been candid enough not to press the case of pre-emptor petitioner. In pressing the case of two co-applicants (petitioners 2 and 3) the learned Advocate has mainly relied upon the provisions of the sub-sections (4) and (6) of section 96 of the Act and has contended that the co-a..Category: Property Law | Date: | Hits: 47
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....corrupt or illegal means or by abuse of official position represented a distinct offence and in the absence of any nexus between the case, the trial of these offences together was in violation of the mandatory provision of section 233 of the Code of Criminal Procedure. Thus, according to him, the pr......235. Lastly, the joinder of five alleged offences with nine other offences, in the absence of any thread of continuity of action and community of purpose of design to link them, clearly infringed the provisions of the law mentioned above. It may be noted that the offences in one group arose out of p..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......le river, the area to eastern side of river Tetulia would fall within Bhola Sub-Division to be administered by SDO Bhola. Accordingly, henceforth unless any thing to the contrary as per the provisions of existing laws SDO Bhola would continue to administer the area as before. Inform also ..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ...... to stay further proceedings of the Money Suit till the disposal of the Title Suit inasmuch as he did not at all consider that even if the proceedings of the said Suit could not be stayed under the provisions of section 10 of the Code of Civil Procedure the same could be stayed in the exercise o..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ...... as well as the testimony of the witness held that the Project Director was not appointed an Arbitrator by the parties and the arbitration was invalid. 7. As the same was not held under the provisions of the Arbitration Act, accordingly, the award given by him was without jurisdiction and..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......er before the trial Court, it should receive due consideration of the Court. It is further observed that if any question of limitation arises, the applicant will be entitled to press in her aid the provisions of section 14 of the Limitation Act inasmuch as I have no manner of doubt that she has ..Category: Property Law | Date: | Hits: 69
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......he said terms." 10. In the year 1957 the original section 19 of the Act was substituted by the present section. The substituted section 19 is as follows: "19. (1) The provisions of section 4A, 4B, 10, 13, 24B, 29, 34, 36 to 44C (inclusive) 45 to 48 (inclusive) 49E,..Category: Fiscal/Taxation Law | Date: | Hits: 106
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......igh Court, Hiltan and Rangi Lai JJ held: "As Diwan Chand was not a party to the proceedings I hold that he cannot be held to be a person bound by the order of the Magistrate. The provisions of the statute of limitation must be constituted with reasonable strictness." ..Category: Property Law | Date: | Hits: 69
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......could not be established that one of them was present at the scene of murder. He was, however, convicted for abetment. It was held that his conviction for abetment was not bad in law in view of the provisions of section 237 CrPC as both the charges could have been framed against him. Almost the ..Category: Criminal Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......s who have acquired such a right." Mr. Islam's contention is that the matter in issue as to whether a person is a tenure holder or raiyat could be determined with reference to the provisions of section 5 sub-section (1) and sub-sections 2, 3 and 4 The question of application of..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......s made before us by the learned Advocate representing the condemned prisoner for invoking the aid of section 33 of the Evidence Act in the- case of the Constable. We may, however, observe that the provisions of section 33 of the Evidence Act should not be resorted to on flimsy pretexts. 1..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......dents. We have already held that the patta Exhibit 5 was a document for lease for agricultural purposes and the fact that the same was an unilateral document did not diminish its value. Moreover, the provisions of Rule 62 framed under the Bengal Public Demands Recovery Act clearly provided that in. ..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......of the Registration Act. It appears from the document itself, which was presented to us by Mr. Ahmed Sobhan, the learned Advocate for the petitioner, that the respondent No. 2 took steps under the provisions of clauses (a) and (b) of sub-section 3 of section 34 on that very day in making enquiri..Category: Property Law | Date: | Hits: 73
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......nancial institution. Section 48 of the said Act provides that Bangladesh Bank in consultation with the Government of Bangladesh by a notification in the official gazette may declare that any or all provisions of the said Act is or are not applicable to any particular or all financial institution..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......fore their directorship is hit by the omnibus provision of section 25(3)………...(18) ii) The petitioner company was formed knowingly and voluntarily under the restrictive provisions of the said Act. It cannot now complain that its freedom of association has been restric..Category: Business or Commercial Law | Date: | Hits: 96
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......condonation of delay was filed along with the application under Order 22 rule 9(2) of the Code of Civil Procedure nor was there such a prayer even in the application itself. The compliance with the provisions of Order 22 rule 9(2) (3) of the Code of Civil Procedure was strictly necessary which th..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......and following an order for further investigation passed by the Special Tribunal, the police submitted charge sheet dated 10-2-98 against four accused persons including Abdus Salam under the aforesaid provisions of the Am -of 1985. On 29- 4-98, an application for bail of the victim girl was filed bef..Category: Criminal Law | Date: | Hits: 71
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......uspicion can be raised by the interested candidate of any post election tampering with ballot papers or other relevant election materials. 10. The Rules have provided for detailed specific provisions for due preservation of the election materials which may be required to be used in futur..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221........ 128 of 1972), Articles 34 & 35 The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 Article 34(5) has an overriding effect over Order VII, rule 11 Code of Civil Procedure. The provisions of Article 34(5) will prevail over those of Order VII, rule 11. When the reliefs claimed ..Category: Property Law | Date: | Hits: 77
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