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Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....aid minors having been appointed in the appellate court, the irregularity, if any, at the trial stage was cured. The learned Subordinate Judge, however, being of the view that non-compliance of the provision of Order 32, rule 3 C. P. C by the trial court was not curable, passed an order of remand ......bate and entered into possession. On the death of Sabitri Bala, defendant Nos. 1-4, sons of Sabitri's brother, came to possess the suit land. Plaintiffs in good faith believing that they were the lawful heirs of Sabitri purchased from them, by two registered kabalas, the property described in ..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....candidate could not be challenged under Article 102 of the Constitution but when the candidate after being elected assumes the office of chairman or other public office then any person can invoke the provision of sub-article 2 (b)(ii) of Article 102 requiring him to show under what authority he clai...... the rule absolute and declaring that the act of declaration of the appellant as elected chairman of No. 10 Laskarpur Union Parishad, Upazila Habiganj by the Returning Officer has been done without lawful authority and is of no legal effect and declaring further that the appellant is disqualifie..Category: Election Law | Date: | Hits: 130
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
.... 3. We have heard Mr. Gaziul Hoque, learned Counsel for the petitioner and Mr. Asrarul Hossain, learned Counsel for the respondent. The learned Counsel for the petitioner has failed to show us any provision of law under which this Court is empowered to make order for transfer as prayed for, but......e heard Mr. Gaziul Hoque, learned Counsel for the petitioner and Mr. Asrarul Hossain, learned Counsel for the respondent. The learned Counsel for the petitioner has failed to show us any provision of law under which this Court is empowered to make order for transfer as prayed for, but he has refer..Category: Procedural Law | Date: | Hits: 110
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......o reasonable doubt has been created by the production of the aforesaid defence documents as to manner of occurrence". 7. It is vehemently urged that the High Court division committed an error of law in asking the defence to lead oral evidence to prove its plea of innocence and that the impu..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....of the khatian is certainly a co-sharer in the holding. Failure of the pre-emptors to implead such a co-sharer in a petition for pre-emption is a serious defect of party. It is violation of mandatory provision of section 96 of the State Acquisition and Tenancy Act, disentitling the petitioner to get......eal by special leave, Pre-emptees are the appellants. The question raised is whether the order of pre-emption against them, as finally upheld by the High Court Division in revision, is sustainable in law in view of the fact that a co-sharer in one of the plots of the holding transferred was not impl..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....urisdiction. The learned Judges of the High Court Division discharged the rule after hearing the parties. The present appeal is directed against this order. 3. The true scope and meaning of the provisions of section 494 of the Cr.P.C. has been pronounced in different decisions by different Cou......n Sikder, Abdul Jalil Sikder, Abdul Khaleque and Shah Alam is withdrawn and the accused persons are therefore discharged u/s 494 Cr.P.C. Case against the remaining accused will proceed according to law.” 5. The learned Judges of the High Court in upholding the order of the Magistrate, inter ..Category: Criminal Law | Date: | Hits: 43
....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133...
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....rcle officer (Revenue) did not arise. The respondent was reverted to his parent post for administrative convenience and it is within the competence of the Government to take such a measure within the provision of Article 135(2)(ii) of the Constitution and that the department did not amount to reduct......e by facts. 4. The learned Judge of the High Court Division on due consideration of the affidavit-in-opposition and affidavit-in-reply declared the impugned order of reversion as one made without lawful authority and of no legal effect. 5. Leave was accordingly granted to consider whether th..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....he jurisdiction of the Court at Chittagong with an object to obstruct or delay the execution of the decree that might be passed, and so there could be no order of attachment before judgment under the provisions of Order 38, rule 5 of the Code. 2. On appeal, the learned Judges of the High Court h...... harmonize its meaning with the context it has been used. To give a harmonious meaning to the word, otherwise it means materials which are on record or could be brought on record in accordance with law. On this interpretation the Court can look at any admission made in the written objection, or wr..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....is co-sharer tenants to the landlord and thereafter to the Government after the acquisition of the rent-receiving interest by the Government. Preparation of record of rights was started under the provisions of the East Bengal State Acquisition and Tenancy Act, 1950 and the aforesaid two plots ha......on by the High Court. In order to exercise jurisdiction under section 115 of the Code of Civil Procedure it must appear that the Subordinate Court has exercised its jurisdiction not vested in it by law or failed to exercise a jurisdiction vested in it by law or acted in exercise of its jurisdictio..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... 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. ...... 21 DLR 99. In these decisions it has been held that the cause of action for pre-emption accrues of the date of the registration of the kabala where registration is compulsory. As a pro-position of law, no exception can be taken to this view, but where the learned fell into an error is in holding ..Category: Property Law | Date: | Hits: 34
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....the said order of the Labour Court, the High Court has summarily rejected the Petitioner’s application on the view that the Labour Court had taken a reasonable view of the matter with regard to the provisions of section 5(3) of the Employment of Labour (Standing Orders) Act, 1965. 4. Mr. Syed ......l appearing on behalf of the petitioner for special leave to appeal against the said order of the High Court, has urged two points, firstly, that the High Court did not take the correct view of the law as embodied in section 5(3) of the Employment of Labour (Standing Orders) Act, 1965 and ought to..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....appellants in respect of their Khulna Town properties on August 4, 1951 in favour of the respondents M. A. Sabur and his minor daughter Hosne Ara Begum and the other containing substantially the same provisions was executed by M. A. Sabour for self and as legal guardian of his minor daughter Hosne A......he High Court Division in S.A. Nos. 1005 & 1006 of 1961) Judgment Kemaluddin Hossain CJ.- These two appeals were heard together in the High Court Division and a common question of fact and law are involved they are heard analogously and disposed of by one judgment. Facts for disposal ..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....crued by inheritance and (ii) a co-sharer tenant whose interest has accrued by purchase and (iii) a tenant holding land contiguous to the land transferred apply under this section and comply with the provisions therein contained, the applicant or applicants shall have the prior right to purchase u...... for pre-emption was allowed. On appeal by the transferee-pre-emptees a Division Bench of the High Court Division took the view that prayer for partial pre-emption was made under miss-apprehension of law, although the pre-emptor are entitled to pre-empt other lands to which they have no contiguous l..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....ains observation to the effect that the facts as disclosed in the First Information Report do not attract section 258 of the Special Powers Act, and as such, the Investigating agency by merely adding provision of law which makes the offence triable by a special forum, cannot oust the inherent power ......ion to the effect that the facts as disclosed in the First Information Report do not attract section 258 of the Special Powers Act, and as such, the Investigating agency by merely adding provision of law which makes the offence triable by a special forum, cannot oust the inherent power of the High C..Category: Criminal Law | Date: | Hits: 95
....missal.
4. So far as the first ground is concerned we find that the High Court, after discussion of all the materials on record and perusal of the records of the Screening Board has held that the provisions of Rule 7(1), (2) and (3) have been complied with by the Board before making the recomm......n him.
6. To appreciate the point we are to refer to sub-article (2) of Article 47 of the Constitution. This sub-article says that notwithstanding anything contained in the Constitution the laws specified in the First Schedule, wherein this Presidential Order No.67 of 1972 has been include..
Category: Employment/Service Law | Date: | Hits: 72
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....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. ......of an industry; and requested the Customs Authorities not to release the goods. It was stated that penal actions taken by the Customs Authorities were justified and the same were in accordance with law. It was further stated that show cause notices were duly issued to the respondent before adjudic..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....ose of the Constitution is to confer on the High Court with the power to satisfy itself that a person detained in custody, is under an order which is lawful. Along with it, we are to keep in mind the provision of section 3 of the Special Powers Act, which gives the detaining authority a discretion t......ntioned that the detenu being the General Secretary of Serajgonj Sub-divisional Jatio Samajtantric Dal, vehemently criticised the fundamental principles of the Government of Bangladesh established by law. 2. After the prescribed period under the law, this matter was placed before the Advisory Bo..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....Saiya Bai and her five minor children. The deed contained a recital to the effect that whereas on the death of Taherally Adamjee, his legal heirs have been admitted as partners in accordance with the provisions of partnership deed and whereas no normal deed has been drawn up so far, the parties desi......Adamjee in the partnership business would have been accomplished even in the absence of clause 14 of the original partnership deed. Clause 14 of the partnership deed only prevented a consequence of law, that is, dissolution of partnership on the death of a partner. The clause provides as under: ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....uperintendent of Central Excise, Lyallpur Vs. Ch, Fakir Muhammad (1958) 10 DLR (SC) 168 refused to condone the delay. In support of his contention Mr. Bhuiyan submitted that in the absence of any provision under the Town Improvement Act relating to limitation for filing the appeal, the High Cour......r filing appeal through their Legal Adviser. The Additional Deputy Commissioner, however, informed the requiring body on January 31, 1970 about his inability to execute power in favour of any private lawyer. Thereafter the requiring body sent papers direct to the Assistant Government pleader, High C..Category: Procedural Law | Date: | Hits: 101
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