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Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ...... The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......etitioner has not been able to produce any facts to show that the question of defect of parties was still open. The order of remand made by the lower appellate Court allowing the parties to adduce evidence on defect of party was passed overlooking the earlier order of the trial Court shutting th..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......Islamia High School....................................Respondent Judgment July 18th, 1991. Cases Referred to- Secretary, Muktagacha Abbasia Senior Madrassa Vs. The Province of East Pakistan, 15 DLR 37, ‑15 DLR (SC) 139; Yusuf Ali Chowdhury Vs. Province of East ...... day of the week, which, of necessity, means that there must be some regularity in the sitting of the bazar with regard to a particular day in a week" (underlinings are ours). As there was no evidence on record as to the regularity of sale of golplatas on the land in question, it was held th..Category: Property Law | Date: | Hits: 64
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
.... of smuggling of gold. We have not the slightest hesitation in rejecting the submission of Mr. Huq which has no basis and we hold that the High Court Division was clearly wrong in rejecting Ext. 2 as inadmissible and unreliable. In our opinion Ext. 2 is both admissible and reliable and is sufficient......respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......taken with the bag. In cross‑examination also she stated that the respondent had told the customs officer that the bag did not belong to him. 14. The Special Tribunal upon a consideration of the evidence, by its judgment and order dated 23.6.87, found the respondent guilty under section 25B (1)..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. ......cumstances of the case there will be no order as to costs. Ed. ...... with the judgment of the learned Munsif? The purpose of filing the said petition was duly manifested in its contents and the learned Munsif on application of his mind and after assessing the evidence concluded that the appellant was prevented by sufficient cause from applying in time ..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......tances of the case there will be no order as to costs. Ed. ......ate of the sale. These added opposite parties did not lay claim for pre-emption and nor did they make out any case for non-service of notice of the transfer on them and there is no evidence in that behalf in the present case. So in our view the date of presentation of the applica..Category: Property Law | Date: | Hits: 60
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....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. ......r as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ...... Hamida and that she had an income of Rs. 1300/- per month as rent from that building with which she with 4 children could well maintain themselves. 4. The learned Magistrate found upon the evidence aduced in the case that Hamida Begum had her own independent income and that it was possib..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......llowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ...... in that case, justified in using their powers to quash the Police investigation. The High Court had held that it was entitled to do so and prohibited the investigation on the ground that the evidence of the informant in an earlier proceeding on similar charges against the respondent was fo..Category: Criminal Law | Date: | Hits: 125
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......a was that he, as Secretary of the Local Club, had taken Mona into task for bad moral character of Mona's sister‑in‑law. The learned Additional Sessions Judge, upon consideration of the evidence of 10 witnesses, rejected the defence plea and held these three accused respondents g..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......nd the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......han appellant No. 1 Abdus Sattar need reconsideration. It further appears that at the time of granting leave, Mr. Abdul Malek, learned Advocate very candidly submitted that there was overwhelming evidence against appellant No. I Abdus Sattar of inflicting a Katra blow on the chest of deceased A..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......man J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: Aminul Huq, Attorney‑General, (AF Hasan Ariff, Deputy Attorney-General, and B Hossain, Deputy Attorn......972. It was not made in exercise of power under Article 3 and it therefore must be held to be ultra vires. 28. The appellant had relied on the respondents Pakistani passport as the most important evidence of his Pakistani citizenship. As a Pakistani the respondent applied and obtained a Pakistan..Category: Immigration and Citizenship Law | Date: | Hits: 522
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ...... the pre-emptor, he came to know about the registration of the kabala on 4.2.75 and, after obtaining the certified copy of the same exhibit 1, filed the present case on 12.2.75. The pre-emptor led evidence with regard to his date of knowledge of the registration of the kabala. The pre-emptee did..Category: Property Law | Date: | Hits: 85
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......ial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......epose in the trial and processes to secure his attendance could not be served on him as he was out of the country. He has returned only a few days back and he is now available. As an eye-witness, his evidence is vitally important, necessary and essential for arriving at a just and proper decision in..Category: Criminal Law | Date: | Hits: 53
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......t any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......(1)(a) of the Employment of Labour (Standing Orders) Act, 1965, the learned Judges of the High Court Division ought to have struck down the judgment of the Labour Court for non consideration of the evidence on record. 8. In the result, the Appeal is allowed. The judgment and order dated Februar..Category: Labour and Industrial Law | Date: | Hits: 103
Ansaruddin Ahmed Vs. Senior Assistant Judge and Election Tribunal, Barguna & ors, 1994, 23 CLC (AD)
....ecounting the ballots, the High Court Division rightly discharged the Rules Nisi. 7. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 181 ......es Nisi. 7. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 181 ...... same Election Tribunal alleging various illegalities and irregularities, one of which was that about 100 votes cast in his favour were counted in favour of the petitioners. In both the two cases, evidence has been closed. By two separate orders in the two Election Tribunal cases the Election Tr..Category: Election Law | Date: | Hits: 120
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ...... The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......oksudur Rahman, learned Advocate for the petitioner, contends that the concurrent finding of facts arrived at by the trial Court and the appellate Court is not based on proper consideration of the evidence. Evidence on record shows that Wahab Ali, predecessor-in- interest of the plaintiffs, took..Category: Property Law | Date: | Hits: 62
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... before or at the time of marriage is made an offence but also the demand thereof after the marriage. 23. That the accused-appellant demanded Taka 10,000.00 from the complainant has been proved by evidence and there is no submission on the part of the appellant that the consideration thereof by t..Category: Criminal Law | Date: | Hits: 69
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 ...... appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......atter of acquisition, the respondents had to file a writ petition. In these circumstances, the Arbitrator, in the absence of any copy of the notice under section 5(1) and also in the absence of any evidence that the notice was published under section 5(1) or serve under section 5(3), took the av..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 ...... matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ess marks it out as a readily recognisable and distinctive constitutional remedy. The petitions are ordinarily disposed of oil affidavits, although it is open to the Court to take such other evidence" "in such other manner as it may deem fit" following "such procedure&q..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....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 ...... The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ...... the shoes of Santi brothers by devolution of title, finds support from the deposit of' tile rent at that rate by the respondents. It appears that it has been asserted both in the plaint and in the evidence that the plaintiff requested the defendants to pay rent, which they promised to pay but di..Category: Civil Law | Date: | Hits: 134
Mahbub and others Vs. State, 1994, 23 CLC (AD)
.... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ......uestion of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ......ail, as this is the usual practice of the Court in the cases of short term imprisonments. The learned Advocate has also tried to go into the merit of the case alleging that there is no satisfactory evidence that the prohibited goods in question were recovered from possession of the petitioners. ..Category: Criminal Law | Date: | Hits: 55
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