Search Options
Judgment Advanced Search
Displaying 4521-4540 of 5057 results.
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ent to fix the days upon which a hat would sit and the Government made the final order on 4th April, 1978, at the instance of the supporters of Salimabad hat. Government took into consideration all relevant matters and also held local inquiry in order to come to its decision. He also asserted th......nt or by prescription, in respect of Salimabad hat, there seems to be no reason to say that the Government unjustly or even unjustifiably interfered with the sitting days of Salimabad hat. Some papers were, however, produced to show the existence of Salimabad hat from 1850 A.D. but as already ......DLR (AD) (1986) 201. ......inition lost sight of one of the most essential elements of a 'hat', which is the sitting days in a week on which a hat assembles. Apart from showing the ancientness of the Salimabad hat from these documents, the Counsel also tried to establish therefrom the sitting of Salimabad hat on Tuesday a..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ...... of the Munsif-Magistrate is the crudest form. His defence in the contempt Rules is all the more reprehensible. He has no regret, no remorse. He has chosen to defend his actions with fabricated papers and documents. His conduct can only cause despair and dismay." 14. Though a little un......llate Division (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J M. H. Rahman J A. T. M. Afzal J Abdul Karim Sarker .............Appellant Vs. The State and another …………Respondent Judgment February 9, 1986. Contempt of Court “......sif-Magistrate is the crudest form. His defence in the contempt Rules is all the more reprehensible. He has no regret, no remorse. He has chosen to defend his actions with fabricated papers and documents. His conduct can only cause despair and dismay." 14. Though a little unusual, the ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....Judge". 20. In this connection Mr. Syed Ishtiaq Ahmed referred to a few Acts which instead of using the expression “District Judge" employed the expression "District Court" in provisions relevant for our consideration. Even so the function of such court has been exercised by no person...... 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. ......unim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J AKM Ruhul Amin.................Appellant (In Civil Appeal No. 51 of 1985 with Civil Petition No. 140 of 1985) Vs. District Judge and Appellate Election Tribunal, Bhola and others ...Respondents Abul Kalam Azad ……………...... 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. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....ned, three conditions — “যিনি বয়োজেষ্ঠ সর্বাপেক্ষা ধার্মিক ও সৎচরিত্রবান হইবেন।” It is irrelevant for the purpose that the prayer No. 2 of the plaint was to the following effect: “For ......perty; in these rent-receipts the defendant was shown as Amir Ali's son. There are the documents which contain Amir Ali's statements admitting the defendant as his son. The other documents are papers like Income tax receipts, nomination papers, private letters, etc. in which the defendant wa...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khorshed Alam @ Shah Alam……………………………………………Appellant Vs. Amir Sultan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: T......t discharge the onus and therefore acknowledgement by Amir Ali and his treatment of the defendant appellant Khorshed Alam as his son holds the field. The Privy Council in 56 I.A. 201 considered the documents which had been produced and observed: "......it is sufficient to say that they appear ..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....mmissioner, Chittagong Division and the Board of Revenue dismissed the appellant's case on the round of limitation. Plaintiff knew about the sale immediately after it was held but he did not move the relevant authority within time. It did not appear that due to the wrong description in the notice ......9 was issued in the name of Mahal No. 5 Tafur Ali which lies in mouza Dakshin Pahartali within PS. Hathazari, notice under section 6 of the Act was also in the name of the same Mahal. The connected papers relating to the impugned sale were, corrected by the authority at the instance of Zakir Hossa...... Ahmed J Md. Nurul Islam, being dead his heirs: Md. Shamsul Islam & ors…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (......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..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....ion sale under Ext. 5. The learned Single Judge has observed that this document got no direct bearing on the issue in question. If the tenancy of Kate Mia is in question, this document is not so much relevant, but if the appellant-landlord's title is challenged, this document is very much relevant......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......tion 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the tenancy and restores possession to the landlord. Once a......oth-shop in the premises for a long time. This is a clear admission and it stops him from denying the appellant's title in the premises. To wriggle out of this tight corner, he has contended that the documents exhibits 4 & 4 (a), are not correct copies of his applications to the Revenue Authorities...Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....tiff was appointed as Searching Clerk of the Dhaka Co-operative Land Mortgage Bank by the Registrar, Cooperative Societies, on 2 August 1956 and thereafter he was allowed two promotions, and on the relevant day in 1973, he was working as Officer of the said Bank. He was placed under suspension on ......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. ......gment May 30, 1985. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 & 135 The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separ......vises the accounts of each co-operative society. Under section 76 of the Act, the accounts of every society "shall be audited" by the Registrar who also got power of inspection of all other paper and documents of the society. He may also hold inquiry into the affairs of a society at any time. Beside..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....thout permission of the first wife. These facts are not disputed. 3. But the prosecution alleged that to settle these disputes a Shalish was held in the house of Nurul Islam at about 10 AM. of the relevant day, 8 August 1978, and it was decided by the Shalish that accused Mujaffar Ali would withd...... 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. ......6) 75. ...... 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. ..Category: Criminal Law | Date: | Hits: 60
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... void ab-initio. Section 195 of the Code bars the taking of cognizance except on complaint filed by certain specified public servants or Courts. It is sub-section (1)(c) of section 195 which is relevant to the instant case. It is quoted below: "195.—(1) No Court shall take cognizance ...... result, both the appeals are dismissed. 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.......-Record—For the Appellant (in Criminal Appeal No. 54 of 1985). B. Hossain, Advocate on Record—For the Appellant-on-Record—For the Respondent (in both the appeals). Criminal Appeals No. 25 and 54 of 1985 (From the judgment and order dated 14 August 1984 passed by the High Court Divisio......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 auction-sale in connection with a Certificate Proceeding. The Certifica..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....ion (1) of section 4 would be needed with the change of the keeper of the Press. In support of his argument he cited the decision of Raghubir Singh vs. Emperor, AIR 1931 Oudh 81. Since this is only relevant at the time of trial of the case against the appellants, we refrain from making any comme......f a Press to make declaration in Form A reads as follows: "4. Keeper of printing press to make declaration.— (1) No person shall keep in his possession any press for the printing of books or papers, unless he has made and subscribed before the District Magistrate within whose local jurisd...... Vs. Sajedul Haque……………………………………….Respondent Judgment July 9, 1985. The Code of Criminal Procedure, 1898 (Act V of 1898), section 5(2) The Printing, Press and Publication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal 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)
....e and the letter of the Deputy Commissioner would show the appellant was never declared an enemy of the State. Finally, the plea that there was none to look after the petrol pump in question at the relevant time is also without any foundation since the petrol pump was in full operation till it was......dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......Ahmed J M/s Hajee Mohammad Ali & Sons…..Appellant Vs. Burma Eastern Ltd. & others…………Respondents Judgment July 22, 1985. Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the ...... 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
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....ing before the learned Company Judge. In this view of the matter we refrain from making any comment and disposing of this application on the nature and scope of the appeal provided for under the relevant section. 28. In this result, therefore, the appeals are allowed. The judgment and the or...... 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. ......st 22, 1984. Result: The appeals are allowed. The Companies Act, 1913 (VIII of 1913), Sections 38, 162, 184 The prayer for winding up of the Company under section 162 of the Companies Act and Prayer for rectification of the share register under section 38, simultaneously in the same peti...... 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. ..Category: Company Law | Date: | Hits: 195
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....separated the pre-emptor also paid rents accordingly with the knowledge of the mutation case, called for Register II from the local Tahshil Office. The local Assistant Tahshilder O.P.W. 2. proved the relevant entries. The respondent, however, withheld his rent receipts alleging that he did not pay a......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. ......se is also Reported in: 38 DLR (AD) (1986) 6. ......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. ..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....pellate Court below is justified and accordingly it is affirmed. As for the second point, namely, as to the adjustment of the tax which has been rightly mentioned as the case of first impression, the relevant law deserves consideration. 9. The admitted position is that the defendants did pay arre....... 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. ......n………………………………….. Respondents Judgment September 8, 1985. Result: The appeal is allowed. The Municipal Administration Ordinance, 1960 (X of 1960), section 38 and rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and....... 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)
....cy between the statement made in the Court and his previous statement. The previous statement made by the witness is not substantive evidence and it cannot be used to prove the existence of a relevant fact. These are, however, exceptions to this rule. The statement of a person who is dead o......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. ......rder as to costs. Ed. ......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. ..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. ......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. ......sent: A.M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Md. Sona Mia alias Sona Mian Sawdagar being dead his heirs, Md. Nurul Islam and others…. Appellants. Vs. The Collector of Customs, Chittagong and others.......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. ......e came to know of the existence of an instrument of transfer only on 25-11-1970 is not correct and the finding of the appellate Court in this behalf shows that the instrument of transfer and other papers were not produced before the respondent No. 2 as there was genuine apprehension in the mind ...... M. Sayem J A.B. Mahmud Hussain J Ahsanuddin Chowdhury J Jabed Ali Sarker………………… Appellant Vs Dr. Sultan Ahmed and another…………………..Respondent Judgment ......." Annexure 'O' is a legal notice written on behalf of the respondent No. 1 by his lawyer on 25-11-1970 and it was stated therein that the respondent No. 1 considered both the documents as of equal value and instead of submitting the copy of the instrument dated 1S-9-69, he ..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....o alter the terms and conditions of the employees which governed them on the appointed day to their disadvantages. Mr. S. R. Pal however, invited pour attentions in this connection to Article 82, the relevant portion of which is as follows:- “82. (1) Subject to the approval of the Governme......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......esent: A. M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Governor, Bangladesh Bank & others…......Appellant (In all the Appeals). Vs. Shamsul Huda Khan and another……………..Respondents (In C.A. No. 26 of 1974). And Mozammel Huq Khan and ......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....er some of the interested persons filed petitions before the requisitioning authority for derequisition of their lands and on 19-8-66, the Additional Deputy Commissioner, Dacca recorded an order, the relevant portion of which is as follows:— "It appears that the then Chairman D.I.T. categor......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......der as to cost. Ed. ......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....n of the submissions of the learned Additional Attorney-General, it will be necessary to refer to articles 94 and 103 as well as to the 7th paragraph of the Fourth Schedule of the Constitution. The relevant clauses of articles 94 and 103 and the whole of Para 7 of the Fourth Schedule are reproduce......d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......t Appellate Division (Civil) Present: AM Sayem CJ ABM Husain J MA Jabir J Ahsanuddin Choudhury J Osman Gani Mondal……………….....Petitioner Vs. Mainuddin Ahmed and others…......Respondents Judgment April 26, 1974. Result: The petition is dismiss......d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ..Category: Constitutional Law | Date: | Hits: 148
16171615161416131611160916061605160216011600159715931592159115891588158715861585