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Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....used. 11. In the circumstances of the case as noticed above, we do not think that the High Court Division brought the facts and the evidence of the case to a thoughtful scrutiny and recorded proper findings as was required under the law. Having considered the dubious nature of the evidenc...... Ed. ......formant and other witnesses told him about recognition of the accused. This kind of corroboration without specifically mentioning the names of the witnesses and the accused cannot be considered as legal and sufficient corroboration because the evidence of recognition is not uniform in that none ..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....t to have exercised its jurisdiction at all under section 561A Cr PC Secondly, even if it was exercisable, there was no valid and legal ground for quashing the proceeding in which a final order was properly made under sub‑section (6) of section 145 Cr PC. 9. Aminul Haque, learned Ad......n J ATM Afzal J Mustafa Kamal J Aminul Islam…………………..First Party Complainant‑Appellant Vs. Mujibur Rahman and others.............. Second Party‑Respondents Judgment July 24, 1991 ......g by the learned Additional Sessions Judge, 1st Court, on 15.3.87 but the second party remained absent whereupon the learned judge upon perusal of the judgment of the learned Magistrate found no illegality in the same and accordingly rejected the revision by an order passed on the same day. ..Category: Criminal Law | Date: | Hits: 53
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
....gh Court Division without issuing any rule on the appellant allowed the prayer of respondent No. 1 after holding "without going into the question as to whether the petitioner is a necessary or proper party, I just allow the petitioner to be added as a party and let the suit be heard in his ......urt Appellate Division (Civil) MH Rahman J ATM Afzal J Mustafa Kamal J Abdul Wahab .....................................Appellant Vs. Ali Ahmed and another .......................Respondents Judgment July 9, 1991 Cases Ref...... and principles of natural justice. This court has repeatedly held that granting relief’s summarily on a revisional application without issuing any rule on the opposite‑party is neither legal nor fair. See Abu Ahmed Abdul Hafiz & Ors. Vs. MA Hoque Shirajee, 1983 BLD (AD) 193; Aziz..Category: Procedural Law | Date: | Hits: 110
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....facts and circumstances of the case convicted and sentenced the accused appellants as mentioned above. 5. Leave was granted to consider whether the learned Judges of the High Court Division properly construed the three confessional statements and rightly relied upon them to warrant a conv....... Ed. ......e lawfully sustained on the basis of their individual confession in the present case. 7. Mr. Md. Abdus Sobhan, learned Advocate appearing for the accused‑appellants could not show any legal infirmity with regard to the admissibility of these confessional statements. He argued ft acc..Category: Criminal Law | Date: | Hits: 69
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....es. A copy of the paper book containing additional evidence was served on the defendant. In such circumstances, the learned advocate submitted that the order of remand was wholly unjustified and improper and that the appeal ought to have been disposed of on merit on the basis of the evidence alr...... ......te Judge, Chittagong for declaration of his title to the suit land described in schedule 1(a) and 2(a) of the plaint. Dudu Miah, the appellant in this appeal (since deceased and substituted by his legal heirs) who is the son of aforesaid Ekram Miah Chowdhury was die principal defendant in the su..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
.... of the order complained of an order of injunction does not arise in sucha case. The Labour Court in such a case acts purely as a statutory Tribunal with all the trappings of a Court, but not a Court proper. 24. Similarly, when the Labour Court decides an individual complaint from a worker under ......vision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Pubali Bank ..... ...................Appellant Vs. The Chairman, First Labour Court, Dhaka and another...............Respondents Judgment June 13, 1991. Cases Referred to- ...... any party to appear before the Court." 26. The language employed in sub‑section (2) of section 36 has to be closely scrutinised. A Labour Court is not a Civil Court at all. It is only by a legal fiction or a statutory hypothesis that it is to be treated as a Civil Court. 27. When the l..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....the warrant of the District magistrate of the area in which the persons under sentence may be found, as if the sentence were passed by him; (m) every sentence of fine or confiscation of property passed in any case at any time before the commencing day by a Special Martial Law Court o...... Latifur Rahman J Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others………….. Respondents &n......court. 11. The respondents' main contention is that the writ cannot be granted to the appellant's husband who, as it appears on the papers of the return, is kept in custody in execution of a legal sentence. Reliance is placed on In re Vs. Bonomally Gupta, ILR 1917 Cal. 723 (733), Janardha..Category: Constitutional Law | Date: | Hits: 365
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....rts have given cogent reasons for non‑appearance of the defendants and found them to be sufficient, if not by express words, but by necessary implication. Since the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, ...... Ed. ......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
.... tenant also includes a person continuing in possession after the termination of the tenancy. Right in such tenancy is ordinarily heritable, though this right is limited “to enjoy” and occupy the property only and the tenant is liable to be ejected. A tenancy from month to month is a lease as co......1. ......section 106 of that Act. They contend that a tenancy, whatever may be its duration, is a "lease" and that the right of the tenant is not a personal right but it is survived by, and passes on, to his "legal representatives", as defined in the Premises Rent Control Ordinance, 1963 and also within the ..Category: Tenancy Law | Date: | Hits: 97
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....was served upon him on 2nd December, 1968 directing him to hand over the charge of his office to the Assistant Accountant and was placed under suspension from 7th December, 1968 pending drawing up proper proceeding. Charge-sheet was submitted against him on 21st January, 1969 with a direction to...... The Chairman, Labour Court, Chittagong & anr. ...Respondents Judgment May 5, 1976. Case Referred to: M/S Co-operative Milk Societies Union Ltd. Vs. State of West Bengal and others, 62 C.W.N. 405. Lawyers Involved: T. H. Khan, Senior Advocate with Mahbubu......ter hearing did not find Respondent No. 2 guilty of the misconduct as defined in section 17 (3) of the Standing Orders Act and accordingly held that the order of dismissal of respondent No. 2 was illegal and passed an order directing reinstatement as earlier stated. As against that the petitioner..Category: Labour and Industrial Law | Date: | Hits: 144
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....bers of the Bar. Needless to say that the advocates are officers of the court to maintain a standard of conduct by them for the cordial relations between the Bench and the Bar is indispensable for proper administration of justice. An advocate being an officer of the court should not hesitate to ......rul Islam........... Appellant Vs. The Hon'ble Judges of the High Court Division (Sc) of Bangladesh and Govt. of Bangladesh …… ….Respondents Judgment &nbs......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..Category: Others | Date: | Hits: 157
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......olved: S.R, Pal, Senior Advocate, Supreme Court, instructed by Mohd. A. Aziz, Advocate-on- Record.—For the appellant. A.T.M. Afzal, Deputy Attorney-General, instructed by B.C. Panday, Advocate-on-Record— For the Respondent. Criminal appeal No. 3 of 1975. (From......8 are implied in a charge under section 149. It may, however, be advisable to add a charge under section 148 with charges of other offences of the Penal Code read with section 149. There is also no legal bar to frame a charge under section 148, along with a charge under section 302/149. A charge ..Category: Criminal Law | Date: | Hits: 57
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....the point. The Patna High Court following some old Calcutta decisions has taken the view, that an accused person cannot be convicted and sentenced under both ss. 457 and 380 of the Penal Code. The proper course is to convict the accused only under section 457 P.C. when charges are under both sec...... the Appellant. M.A. Rouf, Senior Advocate, instructed by A.W. Mallick, Advocate-on-Record—For the Respondent. Criminal Appeal No. 23 of 1974. (From judgment and order dated the 9th February, 1970 passed by the High Court, in Criminal Revision No. 149 of 19......y under section 457 P.C. when charges are under both sections. Madras and Oudh Courts have taken a contrary view. The view taken by them is that conviction and sentence under both the sections are legal, as both the offences are distinct and separate offences. The Oudh Chief Court has followed t..Category: Criminal Law | Date: | Hits: 74
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....ourt to appeal against the aforesaid order to consider: "Whether, having regard to all the facts and circumstances of the case, the learned Judges exercised their discretion in a judicial and proper manner." 4. It is an accepted rule of judicial procedure in this country t......as to costs in this appeal. Ed. ......ing on behalf of the appellant but has submitted that the Court should take notice of the fact that a growing lack of the sense of responsibility has become a regrettable feature of the present day legal profession and some steps should be taken to arrest the gradual decline of the standard of t..Category: Procedural Law | Date: | Hits: 89
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....sessee: Provided that if no method of accounting has been regularly employed or if the method employed is such that in the opinion of the income-tax Officer the incomes profits and gains cannot properly be deduced therefrom, then the computation shall be made upon such basis and in such mann...... Case is also Reported in: 28 DLR (AD) 141.......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141...Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
.... Pakistan, now Bangladesh. In accordance with the terms of the agreement the appellant was vested with the power of general management of the managed Company's business transactions as well as property affairs in consideration of a commission at the rate of 2 ½ % of the gross pro....... 14, 1976. Cases Referred to: Messers Octavius Steel Company Ltd. Vs. The Commissioner of Income-tax, Dacca reported in 12 DLR (SC) 121 same case in PLD 1960 SC 371; Octavious Steel and Company Ltd. Vs. The Commissioner of Income-tax, Dacca, 12 DLR (SC) 121 same case PLD 160 SC 3......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....ion, on a close examination of the question as regards the bona fide claim of right of the accused-petitioners, found against them. It was held that the principle of a bona fide claim of right as a proper defence to the charge under section 379 of the Penal Code was wrongly applied in the instan...... Present: Ahsanuddin Choudhury, J. D. C. Bhattacharya, J. Fazle Munim, J. Abul Hossain & ors………...Petitioners. Vs. The State and anr………...Respondents. Judgment April 6, 1976. Lawyer......e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....ial Area. M/S. A. T. J. Industries Ltd. 158, Tejgaon, Industrial Area, Dacca......" Representation was made to the Government for the release of the Company as it cannot be treated an abandoned property because all the shareholders were Bangladeshi nationals. The Government was pleased to rele......d. This Case is also Reported in: 28 DLR (AD) 120. ...... Newspaper vide Annexure 'S' to the petition before the High Court Ber.ch for sale of the assets of the Company. The respondent No. 1 prayed for declaration, that the notification dated 11.10.72 is illegal and was passed without any lawful authority and for an order restraining the Government from s..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ...... to costs in this appeal. Ed. ......de and the order dated 4-12-1968 imposing excise duty in the Stockinets (hoses) manufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..Category: Business or Commercial Law | Date: | Hits: 109
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
.... Second Appeal, setting aside an appellate judgment of reversal and dismissing a suit brought by the appellant for declaration of title and recovery of possession. 2. Plaintiff's case is that the property in suit which is a residential house in the city of Dacca originally belonged to one Priya ...... Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
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