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Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ...... out of his house to reply to nature’s call and he allegedly recognized the appellants from hiding in the light of the torch carried by them. The appellants took away gold ornaments from the person of his wife Jahanara and other valuable articles worth about Tk. 9,910/‑ Upon informat..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......n while investigating the Police Station Case No. 2 dated 23.3.85 lodged by accused Shamsul Haque, wherein he alleged that his step‑mother deceased Johura Khatun was murdered by some unknown persons in the night following 22.3.85 at her dwelling hut. During the course of investigation the ..Category: Criminal Law | Date: | Hits: 69
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......dan Law even if this case be taken to be covered purely by the principles of Muhammadan Law, formal delivery of possession to a minor donee is not required only when the father or guardian or the person in charge of the minor makes a gift in the minor's favour". This decision ..Category: Property Law | Date: | Hits: 56
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......med to be a Civil Court and shall have the same powers as are vested in such Court under the Code of Civil Procedure, (Act V of 1908) including the powers of‑ (a) enforcing the attendance of any person and examining him on oath, (b) compelling the production of documents and material objects..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......done the delay for 169 days. 11. As the matter is pending in revision before the High Court Division we do not like to make any comment on the merit of respondent No. 1's case. 12. A person aggrieved by ex parte decree may pursue three remedies in the Court, namely, (1) by filing a..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ...... Law Court or a Special Martial Law Tribunal shall, after the commencing day, be put into execution on the order of the Government under the warrant of the Sessions Judge of the area in which the person under sentence may be found, as if the sentence were passed by him; (k) every sen..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......n side of her house with a gun on his left shoulder and a dao in his right hand. Accused Babor Ali was wearing lungi and shoes at that time. PW Rahela Khatun disclosed that she saw all the accused persons killing her husband in the night of occurrence as she woke up earlier than the informant an..Category: Criminal Law | Date: | Hits: 68
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......82), Sections 53A,105,106 ,111 & 116 The Premises Rent Control Ordinance,1963 (XX of 1963),Sections 2 & 18 Heritability of a monthly tenancy. The definition of tenant also includes a person continuing in possession after the termination of the tenancy. Right in such tenancy is ordin..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......b-section (2). This sub-section divides all khas lands into retainable and non-retainable. Retainable khas land is again subject to quantitative ceiling fixed by it. The sub-section says, a person allowed to retain khas land shall be entitled to retain as tenant under the (Provincial) Gov..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
.... 21st January, 1969 with a direction to show cause as to why he should not be dismissed from service for his misconduct. Assistant Registrar of the Co-operative Society, Chittagong was appointed as Inquiry Officer. Respondent No. 2 submitted his explanation to the Inquiry Officer on 1. 2. 1969. T......all walks of life, rather the enactment can only be invoked by those who want to form a Co-operative Society to work on Cooperative basis for the promotion of thrift, self-held and mutual aid among persons of moderate means with needs and interests in common, to the end that better conditions of ..Category: Labour and Industrial Law | Date: | Hits: 144
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......ts Building towards the Dacca Medical College. When the processionists passed railway crossing near the Medical College compound and entered the Nazimuddin Road, dozens of the E. P. R. personnel armed with rifles with fixed bayonets and many police arrived there, started lathi charge..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ...... and sentenced each of them to rigorous imprisonment for one year thereunder. 4. On appeal, the High Court noticed that there was no direct evidence that appellant Tozammel fired at the two persons, causing fatal injuries, so the High Court altered the appellant's conviction under section..Category: Criminal Law | Date: | Hits: 57
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......t it appears that different High Courts of the sub-continent have taken divergent views on the point. The Patna High Court following some old Calcutta decisions has taken the view, that an accused person cannot be convicted and sentenced under both ss. 457 and 380 of the Penal Code. The proper c..Category: Criminal Law | Date: | Hits: 74
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ...... 4. It is an accepted rule of judicial procedure in this country that the Court shall entertain and decide a civil action relating to the determination of an individual right only, if, the person who has initiated the action or his representative is present in Court to prosecute such act..Category: Procedural Law | Date: | Hits: 89
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......a mere subjective or arbitrary one, but it has to be formed judicially that is to say, there must be some material basis for such an opinion. It is now a well-established principle of law that if any person or administrative body is invested with a power to do an act which may affect certain individ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......nd, or through or from the sale, exchange or transfer of a capital asset in taxable territories shall be deemed to be income accruing or arising within taxable territories and where the person entitled to the income, profits or gains is not resident in taxable territories shall ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......ng of Article 2(1) of the Order which runs thus :- "2. In this order, unless there is anything repugnant in the subject or context,— (1) "abandoned properly" means any property owned by any person who is not present in Bangladesh or whose whereabouts are not known or who has ceased to occu..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......tain kind of fabrics was to give relief to the general public in respect of certain kind of consumer goods and that it could not be the intention of this Notification that its benefit would go to a person who would produce or use such fabrics for a commercial or industrial purpose unconnecte..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......y, Ranjit Singh Hazari Vs. Juman Meah, 13 D.L.R, 105, may be noted here. In the said case in execution of an order directing restoration of possession under Order XXI Rule 101 of the code, certain persons, who were alleged to have been ousted from certain land applied under Order XXI Rule 100 of..Category: Property Law | Date: | Hits: 77
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