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Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....1981. It appears from the following observations of the learned Judges of the High Court Division that after stating the contentions of the learned CouÂnsels they came to the conclusion that ends of justice require that the Miscellaneous Case and the Title Suit should bf heard together by the same ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, howÂever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....t and framed the question as mentioned above. 4. The learned Judges of the High Court Division took the view that a fresh notice was necessary and grounded such opinion on the principle of natural justice. The learned Judge observed. "We hold that in order to levy addiÂtional tax u/s. 18A of ......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......als. Criminal Appeals Nos. 343 and 349 of 1969, which were dismissed by the High Court Division by the impugned judgment dated 14 August 1984. 3. This case arose from an incident of forgery of two documents relating to an aucÂtion-sale in connection with a Certificate ProÂceeding. The Certifica..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....am, two days before the aforesaid letter was addressed. Thus, no opportunity was given to the appellant firm to deny or disprove such allegations leading to the violation of the principles of natural justice. Though neither respondent No. 3 nor the Government has come forward to contest the case, th...... the suit, for he is a bona fide licencee under respondent No. 1. 14. Respondent No. 3, Mohammad Hossain, did not appear and contest the suit. Plaintiff-appellant examined 9 witnesses and filed 10 documents, marked Exts. 1 to 12. On behalf of the contesting respondents 5 witnesses were examined a..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....he case of Md. Joynal and others vs Md. Rustam Ali Mia and others reported in Bangladesh Case Reports 1984 AD 19, considered the nature of section 345 and observed that our criminal administration of justice encourages compromise of certain disputes and some of the cases can be comÂpounded as provi......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ..Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....peal No. 205 of 1980 and 236 of 1980. The learned Single Judge recorded in the judgment that the learned Advocates "find it difficult to argue the appeals on merit. They, however, submit that ends of justice would be met if the senÂtence is substantially reduced". In this view of the matter sentenc......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ..Category: Criminal Law | Date: | Hits: 62
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....view that additional evidence may be allowed not only to enable the court "to pronounce judgment but also for any other substantial cause," which may include when court consiÂders in the interest of justice "that something remaining obscure should be filled up"(Venkataramiah vs. Seethamma. AIR 1963......that the appellants had found out the rent receipts in the Collectorate and obtained certified copies of the carbon rent receipts paid by the respondent. The appelÂlants asked the Court to take this document as additional evidence which will bring the matter into sharp focus whether the jama had ea..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
.... is the last court of fact and the passage quoted above from the judgment of the Appellate Court below shows not only application of mind but considerable anxiety of the AppelÂlate Court below to do justice in the facts and circumstances of the case. Such finding deserves consideration and the opin....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......nto occupation of the properties in question on the basis of Ext. 'A', the deed of agreement dated 1-7-51, falls to the ground." 3. Thereafter the learned Judges held that as the document Ext. 4 was not put to Shashi Mohan Saha when he came to the witness box t..Category: Property Law | Date: | Hits: 37
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......don County Council, in (1893) 2 Queen's Bench Division 476 (492) which runs thus: — "What is the ordinary rule of construction when construing Acts of Parliament and other documents? It is that if the language is ambiguous and admits of two views you must not adopt that..Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......by setting up a new case not raised by the pleading of the parties and also by erroneously presuming that in proving forgery in the instant ease it was incumbent on the appellant to prove when the document was forge and there by placed onus wrongly on the appellant which under the law the appell..Category: Business or Commercial Law | Date: | Hits: 113
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....g either the general object of the legislature, or the meaning of it language in any particular passage, it is obvious that the intention which appears to be most" in accord with convenience, reason, justice and legal principles should, in all cases of doubtful significance, be presumed to be the tr......y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....at the charge of murder against the prisoner was not proved beyond reasonable doubt. 7. In this case leave was granted for the examination of the evidence for the purpose of dispensation of justice. So Mr. Rashed took us through the evidence. The conviction of the prisoner, it appears, re......t is necessary to appoint Counsel at Government expense for the prisoner nominates a Counsel merely to stand and watch the trial without giving him an opportunity to study the necessary documents and think over the case, makes a farce of the rule which entitles a prisoner charged w..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....ficult branch of law. The Mohammedan Law of pre-emption contains well defined principles restricting the individual rights of property and yet is in complete harmony with principles of equity, justice and good conscience. In this field of law Imam Abu Hanifa and his disciples have left a un......alab-i-mowasibat. On February 7, 1946 the receipt was made over by them to the respondent purchaser who thereupon paid the balance of the price as stipulated in the deed. On February 9, 1946, the documents were copied in the Registrar's book and thereupon the registration became complete as pro..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......eed does not show such intention of the lessee and as such his explanation, which is not supported by his deed of lease, is not acceptable. Secondly, evidence has also been led, both oral and documentary, showing that kabala executed in favour of Sachindra was acted upon. As to Dwijend..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....n 499 of the Penal Code. In this view of the matter, the learned single Judge acquitted the respondent. 2. This appeal involves interpretation of the words "the proceeding of a court of justice" appearing in the 4th exception to section 499 of the Penal Code. Counsel contended t......; means and includes— (1) all statements which the court permits or requires to be made before it by witnesses, the relation to matters of fact under inquiry; (2) all documents produced for the inspection of the Court; such documents are called documentary evi..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....ellants, it might be argued that the mutation was binding upon the appellants but the non-service of notice of the mutation case has not only resulted in the violation of the principles of natural justice so far as the appellants are concerned but is in direct violation of the statutor...... exports order in substance having been obtained without notifying the appellants cannot be binding on them. As a consequence their interest in the holding subsisted and the intended effect of the document contained in exhibits F & G which might have otherwise taken away such interest has no..Category: Property Law | Date: | Hits: 47
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