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Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....t of authority on the part of the revenue to enforce the rate prevail for levy of such duty. When breach of contract disputed the grievance that the impugned order offends the principle of natural justice is not entertainable. The High Court Division further held that the petitioner is not witho......missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 111
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......consideration in the two judgments which dealt with this submission. 12. In our view in this particular case it is premature to invoke Article 58(2) (now repealed) at this stage. The nature of the document that the Summary is. the extent of immunity of the document when the State itself reveals i..Category: Anti-Corruption Laws | Date: | Hits: 105
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....avelling allowance” within the meaning of section 2(8)(b) of the Ordinance and, as such, to that extent only the impugned judgment of the High Court Division needs to be modified in the interest of justice. As a result the appeal is allowed without any order as to costs. The judgment of the Hi......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....eir lives. The other main contention was that the impugned action was taken without any notice to them and opportunity to show cause which constituted a flagrant violation of the principle of natural justice. 12. Respondents also stated in their writ petitions that they had learnt from a notice ......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....purely a commercial contract, the alleged illegal cancellation of which would be remedied by arbitration as provided in the agreement itself or by a suit for damages, whether the principle of natural justice was applicable to a contract of this nature and whether a show cause notice was at all neces......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....eyed by the sale which gave rise to the pre-emptive claim. Mahmood J. in Durga Prasad vs. Munsi (1884) Allahabad (Vol. 6) 423 observed that the doctrine has its origin in the general principle of justice, equity and good conscience and the reason of the rule is that the very nature of the pre-e......he above provision is that the land and all its attachments are treated as a single piece of immoveable property as has been contended by Mr. Pal. The main point for decision is not the number of documents whereby the transfer is effected but whether by the transfer by one instrument or more t..Category: Property Law | Date: | Hits: 84
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....ny finding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High Court Division will......ly the Deputy Secretary of the Ministry of Works, one Aftabuddin, treated the property as abandoned property although the mother of the respondent-writ-petitioners showed her title deeds and other documents in respect of the said property. On being evicted from the house in June 1974, the respon..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
.... the case properly, keeping in view the definition of “abandoned property” as in President’s Order No. 16 of 1972, which resulted in an erroneous decision causing a miscarriage of justice. Further contention on which leave has been granted is that there is clear evidence that th......laint of Title Suit No. 69 of 1981. 8. The two Suits were analogously heard by the learned Sub-ordinate Judge; 3rd Court, Dhaka, Bangladesh as plaintiff examined one witness, but produced no documents and the auction-purchaser examined 4 witnesses and produced some documents in support of ..Category: Property Law | Date: | Hits: 61
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
.... of the judgment delivered by the learned Special Judge impels me to refer to the preliminary and important principles of law required to be kept in mind by the lower judiciary while administering justice in criminal cases. It has certainly taken me to the down in the realm of enunciation of the...... 7. Mr. Fakir Shahabuddin Ahmed, the learned Advocate for the appellant Abdul Gani has taken me through the judgment of the learned Special Judge and placed all the material evidence both oral and documentary before me and strenuously urged several points and submitted that the accused Abdul Gan..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....re mind, the feeling of having been wronged assumed aggravated importance. Under these circumstances on the ground of immaturity of his mind we think that the lesser sentence would meet the ends of justice. The learned Advocate for the appellant has argued for awarding lesser sentence relying on ......n the deed of gift Ext 6. Had, Parashullah Fakir suspected of any illicit relationship between PW 1 Sk. Elahi Baksh and PW 2 Bano Bibi he would never asked him to become the identifier in the said document. PW1 Bano Bibi in her examination-in-chief stated: "I call PW 1 Elahi Baks..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ...... court approached the facts of the case from a wrong angle of vision." The learned Subordinate Judge did not independently discuss and consider all the material evidence, oral and documentary, and abruptly made the above quoted finding as well as following finding: &..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....fine of Rs. 200.00 in default, to undergo rigorous imprisonment for another 3 months. I think this part of the order is rather severe and in my judgment, it would be sufficient to meet the ends of justice if the fine under this count is reduced to Rs 100.00 and the imprisonment in default of pay......isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......d Munsif observed: "So far as defendant No. 2 is concerned, plaintiff himself admits in evidence that Gajanan let out to defendant No. 2. So, even if Exhibit 2 is considered to be a document creating a new tenancy, it cannot operate as an estoppel against defendant No. 2 who is in..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......rs partitioned the joint property and since then they possessed their respective properties separately in separate sahams after effecting a partition by metes and bounds. At that time, no specific document or deed was executed and registered by the parties and the partition, it appears, was effe..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......he plaintiff were minors and the defendant No.l managed all the properties left by Syed Idris Ali and that with an ulterior motive the defendant No.l had created some void, collusive and fraudulent documents regarding the lands of the 1st schedule and the 3 plots of the second schedule. She also..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....e petitioner was taken at his back and he was not afforded sufficient opportunity to meet these allegations. 8. From the above fact we are satisfied that there has been violation of natural justice and as such the impugned order cannot be satisfied. 9. We accordingly make this rule......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..Category: Others | Date: | Hits: 92
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ......of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ..Category: Criminal Law | Date: | Hits: 66
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....olice station. At any rate, no such provision was shown to us. 9. The fourth reason as why the prayer of Mr. Bhattacharjee should not be accepted is, that such an order would be an aid of injustice. It is the admitted case of both parties that the newly formed char falls near the eastern ......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
.... to any party who, in fact, has an alternative remedy in a case. The provision of section 151 should be taken recourse to only when there is likelihood of the abuse of process and also for ends of justice. This principle has been very illuminatingly laid down by Corelius, J (as his Lordship the......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ..Category: Property Law | Date: | Hits: 86
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