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Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....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. ......f occurrence". 7. It is vehemently urged that the High Court division committed an error of law in asking the defence to lead oral evidence to prove its plea of innocence and that the impugned decision was contrary to the principle laid down in Safdar Ali Vs. The Crown, 5 DLR (FC) 107 page 10..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....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. ...... Revision No. 787 of 1974) Judgment Kemaluddin Hussain CJ.- Leave was granted to consider the question of interpretation of section 494 of the Code of Criminal Procedure. In view of two decisions by this Division, one in the case of reported in (1978) 30 DLR (SC) 228, Bakshu Mian Vs. G..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127....... act ‘until further orders’ in a temporary cadre as Circle Officer (Revenue) and as such he is entitled to continue so long the cadre remains intact subject to the observation aforesaid. So, this decision goes in favour of the respondent and not in aid of the appellant. 10. The learned Deput..Category: Employment/Service Law | Date: | Hits: 66
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.......iction under section 115 of the Code of Civil Procedure runs as follows: “We may conclude that the High Court exercising its revisional jurisdiction under 115 C.P.C. cannot interfere with the decision of the subordinate court, unless it has exercised its jurisdiction not conferred by law or ..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......t subsequent registration of the Kabala during the pendency of the application cured the prematurely which was reverted by the First Appellate Court and the High Court and the soundness of this decision is in question. As to the standing of the pre-emptor and the competency of his applicatio..Category: Property Law | Date: | Hits: 34
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....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. ...... as there was no corroboration of the evidence of the complainant, and that the High Court should have set aside the said finding. In support of both these contentions learned Counsel relied upon a decision of the Supreme Court of India in the case of National Engineering Industries Ltd. Vs. Hamma..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... 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. ......nts being Title Suit Nos. 20 and 21 of 1959, the learned Additional District Judge, Khulna who heard the said appeals by his judgment and decree dated 9.11.60 dismissed both the appeals affirming the decision of the learned Munsif. The further two second appeals aforesaid were dismissed by the High ..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....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. ...... to all the five plots, the petitioner’s case should be hit by the bar of rule of partial pre-emption and as such the entire claim should fail.” 10. The learned Counsel then refers to another decision of the Dacca High Court. In the case of Syed Abdul Karim Vs. Harendra Chandra Dhupi (1962) ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....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. ...... Judicial order is passed thereon by the Court competent to try the case to initiate prosecution of the accused charge-sheeted. The learned Attorney-General in support of his submission refers to the decision of the Judicial Committee of the Privy Council in the case of Emperor Vs. Khawaja Nazir Ahm..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... 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. ......revented from acting in a prejudicial manner. If this order is challenged, the detaining authority is required to disclose the materials to satisfy the High Court on the basis of which it based its decision to detain a person. If this condition is not satisfied, the order of detention could not be..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
.... was amended on April 12, 1958 the minors could not be admitted to the benefit of the partnership. 7. Mr. M. Hasan, the learned Counsel appearing for the respondent, however, submits that the legislative intention for creating this legal fiction for inclusion of income of spouse or a minor c......in the income from the personal assessment of their mother. 3. At the instance of the Commissioner of Income-Tax reference under section 66(1) of the Income-Tax Act was made to the High Court for decision on the two questions formulated therein which are reproduced below: "1. Whether on the ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......wherein while issuing the rule the petitioner was allowed to contest the election of No.3 Thakurkona Union Parishad under district Netrokona but the result of the election shall abide by the final decision in the rule issued by the High Court Division after hearing of the rule. The petitioner wa..Category: Election Law | Date: | Hits: 116
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......gard to the facts and circumstances of the case and the materials on record, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition i..Category: Criminal Law | Date: | Hits: 36
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......tion. The High Court Division held that the plaintiff can legitimately claim damages for the breach of contract committed by the employer. In this connection, the High Court Division relied on the decisions in the case of Bangladesh Small Industries Corporation, Dhaka Vs. Mahbub Hossain Chowdhur..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ...... opportunity of being heard in person and defend his case, by letter dated 21.12.91 the petitioner was informed that by order dated 11.12.91 the forum rejected the above review petition; the above decision of rejection alleged to be passed by the review forum was required to be examined, perused..Category: Administrative Law | Date: | Hits: 92
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......on-Record, submits, inter alia, that no witness was produced by the plaintiff to prove that she was induced to execute the deed in question and the High Court Division committed error in the decision concurring with the finding of the courts below that the plaintiff had no independent and ..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......se to his knowledge came up for consideration in the case of Mahomed Golab Vs. Mahomed Sulliman reported in ILR 21 Calcutta series, 612 and therein it has been observed the principle upon which these decisions rest is that where a decree has been obtained by a fraud practised upon the other side by ..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......ppeal No.150 of 1978 and the learned Subordinate Judge, who heard the appeal, allowed the same by judgment and decree dated 26-12-1981 and sent back the case on remand to the trial court for fresh decision. Thereafter, the suit was heard afresh and the learned Munsif upon consideration of materi..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ...... the Administrative Appellate Tribunal wrongly held that the petition before the Tribunal by the appellant is barred and in such view of the matter, the findings and, decisions of the Administrative Appellate Tribunal are wrong and cannot sustain in law. 10. ..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......n as it requires examination and cross-examination of the witnesses produced before the trial Court. It appears that the charge-sheet has been submitted against the petitioner in view of the decision in the case of Abdul Kader Chowdhury and others vs the State reported in 28 DLR (AD) 38. T..Category: Criminal Law | Date: | Hits: 34