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Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
..........................………………..Respondent Judgment March 20, 1989. The Code of Criminal Procedure, 1898 (V of 1898), sections 417, 418 & 423 The High Court Division made no departure from the principles enunciated by the Privy Council, Indian and Pakistan Supreme Courts in p...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....udge and it was recorded in the Order-sheet that the "Charge-sheet received", without, however, mentioning that the Charge-sheet was received along with the order of sanction. Secondly, no witness, particularly the Investigating Officer, deposed that he submitted the Charge-sheet after obtaini......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..Category: Criminal Law | Date: | Hits: 41
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....that the defendant Nos. 1 and 2, the original tenants, have transferred their interest to defendant No. 3. On the other hand, their own case is that since May, 1972 they have taken defendant No. 3 as partner in their commercial venture. If the foundation for taking advantage of the deeming is not li......nt in bank of the plaintiff with Eastern Banking Corporation (now Uttara Bank as was arranged). But suddenly the plaintiff closed her said account with a view to make the defendants defaulters in payment of rent of the suit premises. Thereafter the defendants deposited rent with the House Rent C......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....es not bring him within the mischief of any other offence. In support of his submission he has cited Moynes Vs. Cooper, 1956 Law Reports (Vol.1) Queens Bench Division, page 439. 5. As to the first part of the submission of the learned counsel we do not for a moment doubt the soundness thereof. In......gpur Bench, in Criminal Revision No. 243 of 1982). Judgment: A. T. M. Afzal J.-The accused-appellant has been convicted for an offence of theft, having denied for a while receipt of some overpayment from a Bank in encashing a bill, and, the money having been recovered from him shortly after......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..Category: Criminal Law | Date: | Hits: 44
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....f the Chairman and members in the Official Gazette, respondent No. 1 filed an application before the Election Commission repeating his contention that the appellant was a defaulter, After hearing the parties and perusal of papers, the Election Commission rejected the petition. Then the respondent ......entire project loan of Tk. 2,94,000/— had been repaid but there was an outstanding due of Tk. 3,74,166/— on account of working capital loan. From Annexure 'D' (1) it appears that the date for repayment of the said loan was. 27.1. 87 but the appellant had already applied for renewal of the sa......an application for cancellation of the nomination paper of the appellant on the ground that he was disqualified for election under section 7 (2) (g) of the Ordinance being a defaulter in repaying the loan taken from the Bangladesh Krishi Bank, Habiganj. The Returning Officer rejected the applicati..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....llants Vs. The State.................................Respondents Judgment December 6, 1988. Result: The appeal of appellant No. 5 is dismissed, but that of the others is allowed in part. The Penal Code, 1860 (XLV of 1860), sections 302/34, 323 and 324 The facts of this case ......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....istrate and sent the case back for further enquiry before passing any final order upon the application a fresh application made on 28-2-74 by the Court Sub-Inspector of Police, the Magistrate granted partial withdrawal of prosecution in favour of the accused respondents and discharged them by his ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
.... the Appellants on the basis of an arrangement with another foreign company the owner of the vessel, for the purpose of carrying the cargo from the outer anchorage to the inner port. On hearing the parties, the learned Subordinate Judge vacated the conditional order of attachment before judgment......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......ation by a registered kabala dated 21.4.1951, and put the appellant in possession thereof, and since then the appellant has been in peaceful possession by making certain pucca constructions, and on payment of rents along with his co-sharer tenants to the landlord and thereafter to the Government......dure since the question whether the appellant is a co-sharer tenant or not is a question of fact. 9. The case of Joy Chand Lal Babu v. Kamalaksha Chaudhwry and others, 53 CWN (PC) 562 deal with a loan and question arose for determination as to whether it was a commercial loan within the meaning ..Category: Property Law | Date: | Hits: 33
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....ne’s service is liable to be ‘terminated’ on the happening of certain event it is obviously not automatically put to an end on the happening of such event but it requires a further act on the part of the authority to finally terminate his service on such ground. 8. Clause (d) of sub sect......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....of Khulna town. Both parties agreed to transfer their properties and agreed to exchange their properties by a devise of permanent lease, each exchanging by a lease deed in favour of the other. Both parties executed to contract for the purpose. One was executed by the appellants in respect of their...... barred by limitation as provided under Article 113 of the Limitation Act. 5. In view of the finding of the Courts below that the plaintiffs in Title Suit No.436 failed to establish the alleged payment of Rs.17 to Debaranjan Sen the plaintiffs will be deemed to be not ready to perform their pa...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..Category: Property Law | Date: | Hits: 32
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....bar, Mannan, Clerk of the Union Council, Mannan Dhali, Taib Ali Howlader and the local PLA. The respondents are the neighbors of deceased Rashid Khondker and there is long standing enmity between the parties. The respondents were once prosecuted about two years back in a criminal case for uprooting ......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....mpensation. 2. The application was opposed by the appellants by filing a written objection, contending, inter alia, that the application for partial pre-emption of the kabala land by making partial deposit and in the absence of all necessary parties is not maintainable. 3. The learned ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
.... of cigarettes. It was submitted by the dependent that the materials seized during Investigation were sufficient to warrant trial of the two accused by a competent Court. 3. After hearing the parties, a Division Bench by the judgment and order dated December 5, 1977 quashed proceedings. In s......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
....g Board may be considered as his reply to these charges. The Board on 19-12-74 again directed the petitioner to submit statements in respect of his Pabna House and motor car. The petitioner submitted particulars of the aforesaid property on 30-12-74. The Board again on 10-1-75 directed the petitio......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
...... to submit more particulars about his property to which the petitioner complied with. His defence was that the cost of construction of the building was met from a donation from his motor and from the loan of House Building Finance Corporation and also from the rent received from the house. As regard..
Category: Employment/Service Law | Date: | Hits: 72
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....opposition contending, inter alia, that Industrial licences are issued to Industrial Consumers on the recommendation of the Director of Industries for importation of industrial goods for use in the particular industry and in the instant case, the Director of Industries and the licensing authorit......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... of public meetings in various police stations under Serajgonj Sub-division and in one place he was resisted, by one Fakrul Islam. The detenu was responsible for the killing of this man and he also participated in various illegal activities. Further, it is mentioned that the detenu being the Gener...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....oboration is a question that will depend upon the facts and circumstances of each case. 6. In the confessional statement of Alo, we find that there is a clear mention of the two appellants having participated in the shooting incident at the jeep, the relevant portion may be set out: "At abou...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
.... in Reference Case No. 1 of 1972 under section 66(1) of the Income Tax Act, 1922. 2. The brief facts leading to the appeal are that Teherally Adamjee and Abdul Hussain Sulemanjee were carrying on partnership business under the name and style M/s Rangoon Mill Stores since April 1, 1951 with head ......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....ur Vs. Ch, Fakir Muhammad (1958)10 DLR (SC) 168. Lawyers Involved: Abdul Wadud Bhuiyan, Assistant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For the Respondent. Civil Appeal No. 139 of 1977. On appeal from the judgment and or......pondent withdrew the said amount. On reference to the Arbitrator by the respondent the Arbitrator by his judgment dated September 10, 1967 passed an award for Rs. 5,86,768,84 with a direction for payment of interest @6½% till the date of final payment in Arbitration Case No.158 of 1967. The the......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..Category: Procedural Law | Date: | Hits: 101
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