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State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
.... the baggages of the respondent but the tags were not there then (at the time of trial). He was not present while the baggages of the respondent were being examined. He denied the suggestion that the disputed Echolac bag did not belong to the respondent. He also denied that the statement was obtaine......dings have been held to be void and without jurisdiction without considering that so far as the scheduled offence was concerned there was no lack of jurisdiction and no good reason has been given for holding that the entire proceeding became void and without jurisdiction for including Penal Code off..Category: Criminal Law | Date: | Hits: 132
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ......ers by kabala dated 9-10-58 without giving any notice to him. It was contested by opposite parties Nos. 2 and 4 of the said miscellaneous case which was dismissed by the learned Munsif on 29-8-59 holding that the proceeding is bad for defect of parties as Amena, sister of Somartaban Bibi w..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....gal Tenancy Act by the Revenue Officer, the original co-sharers of the original Jama do not remain co-sharers and therefore they cannot apply for pre-emption under section 26F. B. T. Act cannot be disputed on the facts and the conclusion arrived at, but the present case is quite distinct and the......ection 96 thereof was brought into force in the area where the land was situated. Then on 23. 1.65 the respondent added certain persons as opposite parties, some of whom are co sharers of the holding and some others are owners of land contiguous to the land under preemption. The sale of the..Category: Property Law | Date: | Hits: 60
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....gun Hamida and the children but it is difficult to say that there is no evidence. As many a 5 witnesses were examined to prove the allegation of neglect or refusal to maintain them. It is not disputed that Begum Hamida has been living with her 4 c......tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ..Category: Family Law | Date: | Hits: 146
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
.... an election; and that one could participate in an election: or bye-election only upon acceptance of one's nomination paper after due scrutiny, Filing of a nomination paper cannot be disputed to be a step taken with a view to contesting an election. Besides, the legislative in......eged to have been committed by the accused. Upon a consideration of sections 190 (1) (b) and 173 Cr.P.C Jenkins C.J. and Carnduff J, in the circumstances of the case, set aside the proceedings holding that the police report, i.e., the charge sheet should have set forth the nature of the info..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....ladesh, Pakistan authorities declared an unjust and treacherous war AND whereas in the facts and circumstances of such treacherous conduct Banga Bandhu Mujibur Rahman, the undisputed leader of 75 million people of Bangladesh, in the fulfilment of the legitimate right of s......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......y the plaintiff. The possibility of the arbitration tribunal and the court arriving at conflicting decisions in such circumstances could not be ruled out. The High Court was thus right in holding that there was sufficient reason for refusing the first defendant's prayer for stay of the..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....o been prescribed by any other article of the Collaborators Order. This void has been sought to be filled up by clause (1) of article 8 quoted above. 9. It was not, as it could not be disputed before us that the power of the High Court Division to direct release of an accu...... very explicit words are used in the statute itself in that behalf such an intention would not be normally imputed to the legislature. 23. For the foregoing reasons we have no hesitation in holding that the Collaborators Order does not give any indication of a legislative intent to d..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
.... 36. The learned Attorney‑General has drawn our attention to the following observation made in that majority decision: Izhar Ahmed Vs. Union of India AIR 1962 (SC) 1052 (1065): "Now, it is not disputed that according to the laws prevailing in Pakistan a person is not entitled to apply for or ......rticle 2 is to be examined with reference to 15 December, 1972, the date of commencement of President's Order No. 149 of 1972, when the respondent was not residing in the United Kingdom. 14. In upholding the respondent's contention that proviso to Article 2 is available to him the High Court Div..Category: Immigration and Citizenship Law | Date: | Hits: 522
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....t of an application under section 96 of the State Acquisition and Tenancy Act, 1950. 2. The pre‑emptors' case, is that they filed Miscellaneous Case No. 120 of 1975 for pre-empting the disputed kabala before its registration. Thereafter, he withdrew the case on 27.1.75 and, after ob......fur Rahman J: This appeal by special leave by the pre‑emptee is directed against the judgment of the High Court Division, Sylhet, in Civil Revision No. 1391 of 1978 discharging the Rule and upholding the orders of the Courts below arising out of an application under section 96 of the State..Category: Property Law | Date: | Hits: 85
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....at has been provided in the said two sections of the Adalat Act, the High Court Division rightly held that the counter‑claim was not maintainable. 9. During the hearing of the appeal it was not disputed by either side that the Adalat Act is a special legislation providing for special measures ......ection claiming that the petition under Order VII rule 11 CPC was not maintainable. After hearing both the parties the trial Court rejected the application of the plaintiff by its order dated 19.2.92 holding, inter alia, (a) that the Artha Rin Adalat Act, 1990, shortly the Adalat Act, having provide..Category: Banking Law | Date: | Hits: 168
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......ecree under section 152 cannot be the starting point of limitation for the purpose of filing an appeal against the decree, and that we find that the High Court Division rightly decided the question holding that the appeal is badly barred by limitation of about four years six months. 12. Th..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ppellants obtained leave from this judgment and order of the High Court Division. 5. Mr. Awlad Ali, learned Advocate for the appellants, submits that the High Court Division erred in law in holding that for the ends of justice the High Court Division exercising writ jurisdiction can adopt..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
.... suit promises, instituted Title Suit No. 199 of 1966 in the Court of Munsif, Sunamganj against the Custodian of Enemy Property and others on the allegations that they have taken settlement of the disputed premises from Shakti Benode on behalf of three brothers and their mother Snehalata, and go......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ..Category: Civil Law | Date: | Hits: 134
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....ons and if a Court Sitting in writ has to go through this balance sheet to come to a decision on the applicability of the proper regulations, then it converts itself into a Court for determination of disputed questions of fact. The writ petitioner challenged the impugned Memo, in a title suit but ha......l as its own departmental school. On these findings, the Rule was made absolute. 9. Mr. Asrarul Hossain, learned Counsel for the respondent-appellant, submits that the High Court Division erred in holding that Regulation 4 (1), and not Regulation 20(1) is attracted in this case. He also submits t..Category: Property Law | Date: | Hits: 86
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......ndred eighty days from the date of expiration of its term, whichever is earlier. (1A) Where a Union Parishad has ceased to function under the proviso to sub‑section (1) before the holding of the first meeting of the Parishad constituted to succeed it, an Administrator appoint..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and contended that the suit is not maintainable in the present form; that the suit is barred under section 42 of the Specific Relief Act and the plaintiffs have no subsisting interest in the disputed property and that the plaintiffs were properly represented in the execution proceeding in ......ere given. The last point was argued vehemently before the High Court Division that the heirs of Nanibala were not substituted in the execution case and the High Court Division has erred in law in holding that the heirs of Nanibala were duly substituted although there is no such proof. ..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......ntioned here that the learned Single Judge, of course, observed in his judgment that there is inordinate delay in filing this application for amendment of the written statement but he allowed this by holding that the same can be compensated by giving money and consequently awarded cost of Taka 1000...Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....es. In Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213 where a new point, not mentioned in the petition, was allowed to be raised when accuracy of factual basis of statement was not disputed. In RJ Singh Vs. State of Delhi AIR 1971 (SC) 1552 (1553) a jurisdictional point as to whet......onally responsible for accounts of the school and he was to approve the audit report. From 3 January 1987 to 8 January 1987 the plaintiff was repeatedly asked by defendant No. 2 to issue a notice for holding an emergent meeting of the Managing Committee for discussion of accounts, but he did not pay..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....impugned orders of the CMLA passed in review, it is necessary to reiterate the position in law which is, fortunately, already settled and the learned Additional Attorney‑General has not also disputed the same. Paragraph 19 has been added to the Fourth Schedule of the Constitution under Art...... Bank, Narayanganj Branch at the relevant time. In connection with a shortage in cash of Tk. 19, 10,000.00 an FIR was lodged by the Assistant General Manager of the Bank whereupon the Police after holding investigation submitted charge sheet under Regulation Nos. 9 and 11 of MLR No. 1 of 1982. T..Category: Constitutional Law | Date: | Hits: 174
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