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Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....ars 1967, 1968, 1969 and including bad reputation, dishonesty and corruption. So, the claim of the respondent that he served as a Circle Officer with great efficiency and reputation is not borne by facts. 4. The learned Judge of the High Court Division on due consideration of the affidavit-in-......Case is also Reported in: 31 DLR (AD) (1979) 127.......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...Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
.... if comes within the jurisdiction of the Court, shall not ordinarily be treated as a movable property within the jurisdiction of the Court liable to attachment before judgment, unless there are other facts and compelling reasons calling for an action under this rule, apart from other question of jur......d in: 31 DLR (AD) (1979) 112. ......ourt’s jurisdiction, and his object is to obstruct or delay the execution of any decree that might be passed against him. The party imputing the motive on the defendant must be ready with the evidence to satisfy the Court, if called upon to do so. Vague or general allegations without any m..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
....cision is in question. As to the standing of the pre-emptor and the competency of his application on merit is not in question. The only question is the one that has been set out above. 2. The facts for consideration of this appeal are that the Kabala under pre-emption was executed on 26-7-72......t Appellate Division (Civil) Present: Kemaluddin Hossain CJ KM Sobhan J Badrul Haider Chowdhury J Abdur Rahman @ Abdul Rahman..............Appellant Vs. Maklis Ali and another..............Respondents Judgment December 6, 1978. Result: The appeal is...... 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. ..Category: Property Law | Date: | Hits: 34
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....ing in exercise of its writ jurisdiction. The decision of the Supreme Court of India, as has been cited by the learned Counsel for the petitioner, has, in our opinion, no manner of application to the facts of the instant case. For the foregoing reasons we do not find any substance in any of the ......Case is also Reported in: 31 DLR (AD) (1979) 119. ......ily explained her failure to resume her duty after the expiry of leave and that the loss of lien imposed by the employer was illegal and mala fide, were perverse as there was no corroboration of the evidence of the complainant, and that the High Court should have set aside the said finding. In supp..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....ct. In that view of the matter, both the appeals were dismissed. 8. Leave was granted on two limited grounds, first, is whether section 75A and 81A of the State Acquisition and Tenancy Act in the facts and circumstances of the case is attracted, and whether the High Court Division erred in not h......eme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Badrul Haider Chowdhury J Debaranjan Sen & others................Appellants Vs. Md. Abdus Sabur and others………………Respondents Judgment April 16, 1978. Lawyers Involved: B...... 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. ..Category: Property Law | Date: | Hits: 32
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......ers Involved: Shafiqur Rahman, Advocate, instructed by A. Backkar, Advocate-on-Record - For the Appellant (In Criminal Appeal No.8 of 1977). Abul Kashem, Advocate - For the Respondents No.1-3 and 5-7. B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Huda, Advocate-on-R...... and sentenced them as mentioned above. High Court acquitted them on the finding that the respondents are entitled to benefit of doubt. Leave was granted to re-examine and reassess the entire evidence for the ends of justice because of the manner in which the appeal was disposed of by the Hi..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
.... This decision, rather, supports the case of the pre-emption respondents. 17. The decision in the case of Salimuddin Mondal (1962) 14 DLR 796 again cited by Mr. Khandker has no application to the facts of the case. It has been held by a Single Judge of the Dacca High Court that an applicant for ...... This Case is also Reported in: 31 DLR (AD) (1979) 88. ......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. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....ing the proceedings in G.R. Case No.913 of 1977 of the Court of Sub-Divisional Magistrate Khulna, under section 561A of the Code of Criminal Procedure. Leave was granted to consider as to whether facts and circumstances of the case the learned Judges were justified in quashing the proceedings in......rch 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and others Vs. The State, (1976) 28 DLR (AD) 38; State of West Bengal Vs. S.N. Basak, AIR 1963 SC 44......vision in the case was too premature as the accused rushed to the High Court and obtained rules therefrom within a couple of months of their arrest and before the police had any occasion to collect evidence in course of investigation; and secondly, the question of quashment of the G.R. case did ..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......ion, Government of Bangladesh & others……………Respondents
Judgment
March 9, 1978.
Lawyers Involved:
Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Petitioner.
Sultan Hossain Khan, Deputy Attorney-General, wi......ie guilty of the charges brought against him and if it is satisfied a show cause notice is to be served on him. Provisions have been made for the officer to defend himself and in so doing he can call evidence in his support, cross-examine the witnesses, and give evidence of rebuttal as well. After t..
Category: Employment/Service Law | Date: | Hits: 72
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....s from that order. 5. Mr. Sultan Hossain Khan, the learned Deputy Attorney-General appearing for the appellants submits that the learned Judges of the High Court were wrong in not holding, in the facts and circumstances of the case that there was an implied condition attached to the permit that ......e is also Reported in: 31 DLR (AD) (1979) 60. ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... rule that no fixed standard or formula, except that of reasonableness can in this regard be laid down. As to what would constitute reasonableness or the sufficiency of materials must depend on the facts and circumstances of each case. But there can be no denying the fact, that there must be befor......is appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......custody without lawful authority or in an unlawful manner. Now, if the relevant detention law provide that a person can be detained on the subjective satisfaction of the detaining authority alone and evidence is given that the said authority was so satisfied it would be very difficult for the Court ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....sed, nor was it tested by cross-examination, independent corroboration is necessary to use it against a co-accused. What amounts to independent corroboration is a question that will depend upon the facts and circumstances of each case. 6. In the confessional statement of Alo, we find that ther......is Case is also Reported in: 31 DLR (AD) (1979) 37. ......69. Judgment Kemaluddin Hossain J.- Leave was granted to the Appellants, to consider whether the conviction of the Appellants under section 326/34 of the Penal Code could be sustained, as the evidence of three witnesses P.Ws. 7,8 and 11 suffered from contradictions, and should not have been ..Category: Criminal Law | Date: | Hits: 41
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....his appeal by special leave arises out of the judgment of a Division Bench of the High Court Division in Reference Case No. 1 of 1972 under section 66(1) of the Income Tax Act, 1922. 2. The brief facts leading to the appeal are that Teherally Adamjee and Abdul Hussain Sulemanjee were carrying on......ner of Income Tax, Chittagong...........Appellant Vs. Mst. Safiya Bai..............Respondent Judgment March 31, 1978. Case Referred To- Mohori Bibi's case ILR 30 Calcutta 539 and 7 CWN (PC) 44. Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan, Advocate instructed by......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....brancer's office on March 10, 1970, with request to file the appeal on revision with an application for condonation of delay. The memorandum of appeal was presented on March 16, 1970. 5. From the facts stated above it appears that the requiring body was not at all diligent in the matter of tak......an, Assistant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For the Respondent. Civil Appeal No. 139 of 1977. On appeal from the judgment and order dated July 26, 1970 passed by the High Court in Civil Rule No.729(f) of 1970. Judgment......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..Category: Procedural Law | Date: | Hits: 101
....the High Court and restore that of the Income Tax authority. 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) 48. ......lved:
AKM Mozammel Huq Bhuiya, Advocate, instructed by S.S. Hoda, Advocate-on-record - For the Appellants.
Ex parte - the Respondent.
Civil Appeal No. 54-D of 1967
From the Judgment and Order dated 24-3-65, passed by the Dacca High Court in Writ Petition No.404 of 1964.
Judgmen......the High Court and restore that of the Income Tax authority. 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) 48. ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
....p; the Code of Criminal Procedure is that they have been falsely implicated in this case out of grudge and enmity. 7. The trial court on consideration of the evidence on record and the facts and circumstances of the case held that the prosecution case was proved beyond all reasonabl......sed. Ed. ......ns under section 342 of the Code of Criminal Procedure is that they have been falsely implicated in this case out of grudge and enmity. 7. The trial court on consideration of the evidence on record and the facts and circumstances of the case held that the prosecution case was p..Category: Criminal Law | Date: | Hits: 43
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....s directed against the judgment and order dated 17.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No. 2542 of 2000 discharging the Rule. 3. Short facts are that the Opposite Party No. 1 instituted Miscellaneous Case No.2 of 1988 in the Court of ......nbsp; Not represented- the Respondent Civil Petition for Leave to Appeal No. 1568 of 2002. (From the judgment and order dated 17.06.2002 passed by the High Court Division in Civil Revision No. 2542 of 2000.) ......e farther stated that the requisite deposit along with compensation was not made within time. So the pre-emption case is liable to be dismissed. 5. The trial court upon consideration of the evidence on record found that the pre-emptor is a co-sharer by purchase and the pre-emptee is a str..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)
.... to appeal is directed against the judgment and order dated 28.06.2005 passed by the Administrative Appellate Tribunal in Miscellaneous Appeal No. 04 of 2003 dismissing the appeal. 2. Short facts are that Execution Case No.3 of 2002 was filed by the respondent before the Administrative T.............................................................Respondent Judgment August 17, 2006. Case Referred to- AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 49 DLR (AD) 122. Lawyers Involved: M. A. Azim Khair, Deputy Attorney Gene......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ..Category: Administrative Law | Date: | Hits: 111
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....er section 13/14 of the Nari-0-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 for abatement and accordingly convicted and sentenced him to suffer imprisonment for life. 23. Having regard to the facts and circumstances of the case and the materials on record, we are of the view that the High C......nbsp; Not represented- Respondent Criminal Petition for Leave to Appeal No. 198 of 2o04. (From the judgment and order dated 21.03.2004 passed by the High Court Division in Criminal Appeal No. 1891 of 1998.) ......shed, P.W.5 Zaved and P.W.6, Sohel are eye witnesses to the occurrence. 14. P.W.4 Rashed, P.W.5 Javed and P.W.6 Shohel are child witnesses. It appears the trial court before recording their evidence orally tested their power of understanding and they were found to be capable of giving rat..Category: Criminal Law | Date: | Hits: 36
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....d that Ext.1 offer letter by the Defendant Company and Ext. 2 acceptance thereof, by the plaintiff resulted in a contract between the parties. Accordingly, the High Court Division held that in the facts of the case, the defendants were at fault and they committed breach in terminating the servic......, Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given and no such relief has been sought for by the plaintiff. ...... plaintiff’s claim of compensation for causing his humiliation and putting him to suffer loss and injury, the High Court Division held that the plaintiff could not adduce reliable and cogent evidence and the witnesses examined are all interested persons and accordingly refused to award any..Category: Employment/Service Law | Date: | Hits: 82
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