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Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......another, reported in 11 D.L.R. (S.C.) page 394 and Mazharul Huq Vs. Ishaque Sardar and others, reported in 14 D.L.R. (S.C.) page 251. In the former case, it was held that a Magistrate holding the preliminary enquiry has power to sift and weigh evidence only for the purpose of determ..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......ld on behalf of the informant. Mr. Promod Chandra Bose who appeared from the informant appellant contended that the learned Judges of the High Court, committed an error of law in holding the section 34 was not applicable to the facts and circumstances of the case and in setting..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......h is reported in 26 DLR page 1. The observation to which reference was made by the learned Judges of the High Court Division, was as follows:— "For the foregoing reasons we have no hesitation in holding that the Collaborators Order does not give any indication of a legislative intent to depri..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ...... and since the question of a poll could not arise in a case where only one candidate was left in the field, fresh nomination papers ought to have been called for to satisfy the legislative intent of holding a poll for election to the office of Chairman. In support of his contention Mr. Pal submitt..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....ed that it might be that Habi Durani brought his children in the house of Yasin to save him from the consequence of murder by their false evidence. 14. The manner of occurrence has also been disputed. The story of serving tobacco by Maleka to the prisoner not only seems to be unusual, it f......erial might have been found in the stomach of Maleka. The fact the bladder was full of urine also poses a question whether Maleka passed urine or not when she woke up for 'Sheri'. The Doctor while holding the post-mortem examination did not record the age of the injuries. In a case of ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....nce of at least two witnesses. This formality is called talab-i-ishhad—demand with invocation of witnesses. 8. In the instant case, according to the plaint case, the disputed sale was completed by registration of the kabala Exhibit B on 12-10-57 corresponding to 25......iff-respondent's possession of the transferred land; 2) Whether the learned Judge has correctly applied Article 10 of the Limitation Act in the facts of the instant case and holding that the suit is not barred by limitation. Right of 'shufa' or pre-emption under the Moham..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ...... Tenancy Act, an under-raiyat interest not being transferable without landlord's consent, transfer of the Kol-karsha to the defendants without landlord's consent amounted to abandonment of the holding by the under-raiyat whereupon the landlords, namely, the plaintiffs, got right ..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....he High Court Division was well founded in law in holding that the suit was not maintainable without declaration of the plaintiffs' title to the suit land as they were out of possession. It is not disputed that Mungro Mali was the original owner in possession of the suit land and that he ex......uld not affect the plaintiffs reversionary right as well. An appeal was preferred by defendant No. 2 to the High Court Division which reversed the decision of the trial court and dismissed the suit holding that the plaintiffs having been out of possession of the suit land since the death of thei..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......ential for the safety of the community to guard it by very strict rules'' and that "the privilege must be closely examined in order to see that, in such cases as this, there is no injustice in holding that it exists". He then observed as follows: "I also agree that in t..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....on for pre-emption the record of right was changed in the name of Sakina Bai. As a result of the mutation so effected by the respondents the appellants ceased to have any subsisting interest in the disputed land. Had this mutation been effected with a notice to the appellants, it might be argued ......tatutory compensation. 4. The application for pre-emption was resisted by Keramat Ali on the ground, among others, that the 'B schedule lands, buildings, and structures which bear Municipal holding No. 49/2, Purana Paltan Line, Dacca, was previously held by Sakina Bai on her purchase from..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......d by the respondent before the High Court Division in an application under Article 102 of the Constitution. The learned Judges of the High Court Division set aside the impugned order of termination holding that the order of termination was passed for a collateral purpose i.e. to dismiss the respo..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ...... a nominee-shareholder of the Bangladesh Petroleum Corporation. 2. The appellant filed an application under sections 79(3) and 76 of the Companies Act, 1913 for condonation of delay in holding the Annual General Meeting of Jamuna Oil Company Limited for the years 1976, 1977 and 1978 ..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
.... Aman Co-operative Housing Society Ltd.; admittedly the plaintiffs purchased it from proforma-defendant No.3, a member of the Society, who got the land in allotment from the Society. It is not disputed that the land under allotment to proforma-defendant No. 3 was sold to the plaintiffs with......ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......ing been separated by an order of the Circle Officer (Revenue) under Section 117 of the East Bengal State Acquisition and Tenancy Act, 1950. The pre-emptor ceased to be a co-sharer in the holding and as such he has no locus standi to maintain: his application for pre-emption. 3. ..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....tion 26(F) of the Bengal Tenancy Act. 2. The pre-emptor purchaser herein the respondent brought a Misc. Case for pre-emption under section 26(F) of the Bengal Tenancy Act in respect of the disputed land measuring 2.23 acres out of Plot No. 227 of khatian No 74 on the ground that he i...... to sub-section (1)of section 88A will not render the proceeding without jurisdiction inasmuch as a remedy has been provided by way of appeal and therefore the Civil Court cannot knock it out by holding it as having been made without jurisdiction in a collateral proceeding……..(12)..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......e letter of guarantee and further, restraining the respondent 2 from honoring the said letter of guarantee. The trial Court rejected the plaint under Order 7 rule 11 of the Code of Civil Procedure holding that the plaintiff has no cause of action and the Court had no pecuniary jurisdiction to tr..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......the writ jurisdiction of the High Court Division. 3. Mr. Ahmad Sobhan, the learned Counsel appearing for the appellant canvassed that the High Court Division made the rule absolute by holding that the termination order was passed without any lawful authority and was of no lega..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....e father. It has been further stated that the appointment was made in accordance with the direction given by his father in presence of all his heirs, and since then he had been functioning as the undisputed 'Sajjadanashin' of the Darbarsharif. The plaintiff also stated that the lands described i......refin Hazrat Moulana Mohammad Moksusar Rahman as the Sajjadanashin of Mirzakhil Darbarsharif against the defendants for permanent injunction restraining them from obstructing the plaintiff in holding and performing "Urs” on the lands described in the schedule to the plaint. The p..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......riod of three years from the date of the final decree which is November 30, 1954. The learned Music rejected this ground and dismissed the objection petition under section 47, Civil Procedure Code holding that limitation would start in this case from May 22, 1965 when the decree was drawn and s..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....ereafter numerous reminders were issued for the outstanding arrear e.g. dated 6.8.70 19.2.71. Mr. Assault Hossain who had been given the opportunity of going through the aforesaid order-sheet has not disputed the correctness of it. The record does not show that Assessee had made out any case that hi...... of an existing law. The High Court Division replied to both the contention and discharged the rub. Thereafter, by special leave the appeal was filed and this Court by its judgment allowed the appeal holding that the arrear tax assessed against the firm not being a Government debt before emergence o..Category: Fiscal/Taxation Law | Date: | Hits: 98
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