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Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......s from the date of disposal of We Leave-petition the appellant appeared before the trial Court with an application for extending the time to make the deposit. The learned Advocate has relied on the decision in case of Shah Wall V. Ghulam Din, (1967) 19 DLR (SC) 143 and also Invoked section 148, Ci..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......the Officer-in-Charge of Kushtia Police Station at the time of execution of this order. Sd- Illegible 16-4-85 A.K.M. Fazlul Hoque Miah District Magistrate Kushtia." 3. The decision as to whether the appellant had obtained the authentication of his declaration as require..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....h Court bad been deleted. The powers under section 439 are well known and the High Court Division may exercise all powers conferred on the Court of Appeal by sections 423, 426, 427 and 428. But the legislative backing for exercise of this power can be found in section 435 Cr. P.C. which postulat......maturely but he did not act illegally. Therefore, the Barisal Bench rightly refused to interfere in the matter. 16. As for the Dhaka Bench in refusing the writ it correctly took the view that such decision in the revisional jurisdiction of the High Court Division could not be reviewed under Artic..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......vings as provided in section 4(2) of the Ordinance was immediately attracted. He has referred, besides Stroud's Judicial Dictionary, to the Dictionary meaning of the word 'pending' which is 'awaiting decision or settlement' and sought to contend that after cognizance the case was only awaiting decis..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... its arising from a royal grant. See hereon Cunningham v. Tomey Homma [l903] A.C. 141 cited NATURALISATION. (7) In the United States, a franchise is a privilege of a public nature conferred by a legislative grant (State v. Weatherly, 45 No. 20). (8) In Australia the sole right to sell cars o......r (Rev.), Tangail under Memo Mo. XXII 9/78-2276/1 (3) dated 24.2.78 For closing day in the Salimabad hat for violating Government Order-H.B. dated 11.3.77. The Government by the said order upheld the decision of the local administration of fixing Wednesday and Saturday as hat days for the Salimabad ..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......ed rent on earlier occasions beyond 7th day of the month, following and thus waived clause-I of the agreement dated 29.12.70. As such be could not be termed as a defaulter. Reliance was placed on the decision of Shamsuddin Ahmed, reported in (1979), 31 D.L.R (AD) 155. Next as to the sub-letting, the..Category: Tenancy Law | Date: | Hits: 65
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......e is subject to both appellate and revisional jurisdiction of the High Court Division……(42) In exercising revisional powers under section 115 of the Code of Civil Procedure against the decision of any election appellate Tribunal, the High Court Division can grant any relief to which ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......Court Division in Civil Revision No. 263 of 1981.) Judgment Fazle Munim CJ. - I have gone through the judgments written by Badrul Haider Chowdhury and Shahabuddin Ahmed, JJ. I concur with the decision of Badrul Haider Chowdhury, J. Badrul Haider Chowdhury J.-This appeal by special leav..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......ppearing for the respondents, contended that since the appellants did not file any appeal against the preliminary decree he is now precluded from disputing its correctness, Reliance was placed on the decision reported in A.I.R 1961(S.C).790, 42 IA 91. AIR 1965 (S.C.) 1325. The latter decision howeve..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......nceded that if there were some irregularities these are covered by the amendment it to the relevant sections of the Act by Land Revenue Sales (Amendment) Act 1943 (Bengal Act II of 1943) and also the decision reported in 12 DLR 339. 9. Mr. Khondoker finally submitted that the suit for simple decl..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......tiff and the defendants and on these findings he dismissed the suit by judgment dated 8-5-74, The plaintiff preferred an appeal but the appeal was dismissed by the subordinate Judge against whose decision the plaintiff filed a revisional application being Revision Case No. 387 of 1981 before t..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......ional application under section 115 (1) of the Civil Procedure Code agitating the same point, and a learned Single Judge of the High Court Division by impugned order dated 10 August 1983 reversed the decision of the Courts below and held that the respondent was a government servant and that the orde..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......t enables it to better appreciate the evidence and circumstances which are described by parties in conflicting manners. By such trial the Court gets both sides of the picture and arrives at correct decision avoiding conflicting findings which are likely to occur if separate courts held the trials...Category: Criminal Law | Date: | Hits: 60
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....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. ......section (2) of section 23 had already been served. 6. Mr. Chowdhury Ramzan Ali, learned Counsel, appearing for the respondent attempted to justify the view of the High Court Division by citing a decision Commissioner of Income Tax Vs Fazlur Rahman (1964) 16 DLR (SC) 506; PLD 1964. S.C. 410 whic..Category: Fiscal/Taxation Law | Date: | Hits: 95
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....nto, tried and otherwise dealt with according to the provisions of the Code. But if the Act which has created the offence aims otherwise the intention must expressly appear from its provisions. The legislative intention to provide a different manner of investigation, inquiry into, trying or otherw......e different from those, for example, of ss. 196 and 198, Criminal P.C, by which a bar is placed upon the jurisdiction of the Criminal Courts." 17. In the latter case, reliance was placed upon this decision in holding that a private person can complain of the commission of offences under the Com..Category: Criminal Law | Date: | Hits: 59
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ...... that if and when the Company Judge directs an issue to be tried in connection with an application under section 38 of the Companies Act in which any question of law may be raised, an appeal from the decision of the Company Judge on such an issue shall lie to the Appellate Division directly and th..Category: Company Law | Date: | Hits: 195
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......sion that ''both the courts have found that the plaintiff's vendor were dispossessed in the year 1357 B.S." This was palpably wrong and contrary to record. The learned Single Judge then referred to a decision in 19 DLR 912 for the proposition that that until the plaintiff oroves his possession withi..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......e innocent accused Zahirul Islam Chowdhury, Abdul Kader Chowdhury, Abu Bakkar Chowdhury and Shah Alam clearly amount to harassment and abuse of the process of the Court." Reliance was placed on the decision reported in 1950 Cr.L.J. 838 (Punjab) holding that criminal proceedings started on a comp..Category: Criminal Law | Date: | Hits: 105
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.......In the Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), in section 29, for sub-section (3) the following shall be substituted, namely : (3) Save as provided in sub-section (4), the decision of an Election Tribunal on an election petition shall be final. (4) Any person aggriev..Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......adduced on appeal for pronouncing the judgement or for any substantial cause. Duplicate rent receipt being found out during pendency of appeal and such receipt containing substantial cause for making decision in the suit shall have to be taken into evidence on appeal as additional evidence. The Appe..Category: Property Law | Date: | Hits: 52
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