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Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......rd Garth observed that there is no doubt whatever that by the English Law, an encroachment made by a tenant upon land adjoining to, or even in the neighborhood of, his holding, is presumed, in the absence of strong evidence to the contrary, to be made for the benefit of the landlord. It was also......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......rved in this case the High Court Division committed an error of law in reversing the finding of fact of the Court of Appeal below as to non‑service of summons upon the appellant in revisional jurisdiction. 9. Mr. AW Bhuiyan, the learned Additional Attorney‑General, appearing fo..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ment of transfer and this being the foundation of the defendant's forfeiture of the plaintiffs land, the judgment of the lower appellate Court cannot be maintained at all as the document has been totally misconstrued by the lower appellate Court. The vital issue having been left out, the iss......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......rganj passed in Case No, 1 of 1962‑63 under the provisions of Transfer of Agricultural Land Act, 1951 (Act XXXIII of 1951) hereinafter referred to, in brief, as the Act, was illegal, without jurisdiction and not binding upon them. By that order the Government forfeited the suit land plaint..Category: Others | Date: | Hits: 178
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ore hit on the night following 29.4.91 and the entire lot of cement (balance) went under tidal water. After starting of the normal function on 9.5.91 they took delivery of 39200 more bags raising the total to 62986 bags out of 110848 bags purchased in auction. 15. They have alleged that they repo......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......ith the bill of lading which had been endorsed in its favour and thus the rejection of its claim to and holding of auction of the, cement in question by the Customs Authority were illegal and without jurisdiction. 7. The appellants (in CA 22.91) in their affidavit‑in‑opposition, inter alia, s..Category: Business or Commercial Law | Date: | Hits: 130
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....t party's right to possess the disputed land as the owner which was in the possession of the bargadar, i.e. the second party, the inquiry contemplated under sub‑section (4) Of Section 145 was totally misconceived and the conclusion reached was thus without jurisdiction. The High Court Divis...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......ch of the High Court Division made the Rule absolute and quashed the proceeding. 8. Leave was granted to consider the submission that the High Court Division ought not to have exercised its jurisdiction at all under section 561A Cr PC Secondly, even if it was exercisable, there was no val..Category: Criminal Law | Date: | Hits: 53
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......ght criminal case against defendant No. 1 but he lost in it. Hence the present suit. 3. Defendant No. 1 contested the suit contending, inter alia, that the plaintiff taking advantage of his absence from home obtained the deed of gift which Keramatullah could not comprehend. Defendant No.1......ift was incomplete as the same was made in favour of a minor by not giving delivery of possession by the donor and secondly, whether the learned Single Judge of the High Court Division exceeded his jurisdiction in Second Appeal in disturbing the finding of possession of the plaintiff made by the ..Category: Property Law | Date: | Hits: 56
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......n Mills Ltd. PLD 1975 (SC) 32 aquestion was raised whether a Social Security Court in seisin of an appeal, under section 59 of the West Pakistan Employees' Social Security Ordinance, 1965 has, in the absence of an express provision for the purpose, jurisdiction to stay execution of order appealed ag...... the appellant is allowed to urge further whether in the respondent's application under section 34, not raised as an industrial dispute under section 43 of the IRO the Labour Court could exercise its jurisdiction under section 36 and grant an order of stay. 3. Whether the Labour Court, 'deemed as..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....cannot be ignored altogether. In any view of the matter, the fact remains that the detenu has not been treated in accordance with law which, the Constitution says, is his inalienable right. The sum total of the argument of the learned Additional Attorney‑General has been that there might n......t of commitment was issued without lawful authority and executed in an unlawful mariner the respondents ought to have been directed to release the detenu. 9. It is further contended that in absence of the order of conviction it could not be ascertained whether it reached finality in revie......ary Martial Law Court or a Special Martial Law Tribunal constituted under the said Martial Law Regulations shall, on the commencing day, stand transferred to the Criminal Court which would have jurisdiction to try the offence constituted by the facts of the case under the ordinary law and sh..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......ght not to have been accepted. He also submitted that, whereas the High Court Division was required in revision to consider only error of law, if any, committed by the District Judge, it exceeded its jurisdiction in entertaining new facts explaining the delay by way of admitting supplementary affida..Category: Limitation Law | Date: | Hits: 185
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....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. ......satory costs to the plaintiff‑appellants within one month. Leave was granted to consider whether in view of the conduct of the defendants, which is negligent at all stages, and in view of an absence of a clear finding that the defendant was prevented by sufficient cause from appearing when......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)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ...... 'lessee'. The period of the right of enjoyment of the property, under this section, is for a "certain time" or" in perpetuity". 7. Section 106 TP Act speaks of duration of certain leases "in the absence of contract, or local law or usage to the contrary"; it also provides for termination of cer......stion before us in this appeal is a question of great public importance. Both Mr. SR Pal and Kh. Mahbubuddin Ahmed cited before us a great number of decisions including some decisions from the Indian jurisdiction. Mr. Pal though he defends the High Court Division's decision in this case, has express..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....venue Officer on taking accounts from the Mutwalli of the Wakf Estate and on consideration of the terms of wakf deed has allowed 17.65 acres of land for religious and charitable purposes out of the total Wakf land of 72.20 acres, 33.66 acres of Nal land for Mutwalli of the Wakf Estate and 3.31 ac......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......rt Division in Petition No. 252 of 1973). Judgment: Mahmud Husain, C. J.—This appeal by special leave is against a judgment of a Bench of the High Court Division passed in writ jurisdiction wherein the petitioner challenged the order dated 24.2.72 passed by Chairman, Labour C..Category: Labour and Industrial Law | Date: | Hits: 144
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. ......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. ...... thereunder was altered to one of fine. We are not, however concerned with the latter two accused in tin's appeal. Leave to appeal was granted to examine: i) Whether the High Court had jurisdiction to convict the appellant under section 302/149 in his appeal against his conviction u..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......these two appeals might be dismissed for non-prosecution or for default. It is to be noted that these appeals-related to quasi criminal matters and as such are to be disposed of on merits even in the absence of the appellants, namely, Mr. M.A. Zaher and Haji Jalaluddin Ahmed. 7. As already notic......ppellants who were not parties to the suit could be convicted for contempt of court for disobedience of the order of injunction; and (iii) whether the order of injunction was passed fully without jurisdiction on the ground of non-maintainability of the suit for non-compliance of the provisions o..Category: Civil Law | Date: | Hits: 142
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....t theft, and not actual commission of theft. The offence is complete when the lurking house trespass by night is committed with the intention to commit theft. The commission of theft in fact, is a totally irrelevant consideration for the offence under section 457 P.C. He has cited in his support......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 74
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ...... individual right only, if, the person who has initiated the action or his representative is present in Court to prosecute such action. The Court will not generally hear or decide an action in the absence of such a person. It is the duty of the party concerned to be present in Court to prosecute......isions of the Code as contained in the various Orders in the Schedule to it may be invoked, so far as they are applicable, in an appropriate case. Moreover, the High Court exercising constitutional jurisdiction has also an inherent power in this regard. Under the general principle of judicial pro..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ...... formal decree appears to have been prepared and signed in this case on the 6th June, 1967. The appeal was heard and decided on 10. 7. 67, that if, after the drawing up of a formal decree. The absence of a copy of the formal decree which, as a matter of fact, was prepared and sig......ancelling the per- appeal was failed and the attention of the mission accorded in letter No. 881-T. P. Court having not been drawn to the detect dated 8-3-66. is illegal, void, malafide, with out jurisdiction and is not binding upon the plaintiffs and that the subsequent notices upon the plain..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....ourt, a Division Bench of the Lahore High Court held that the mere fact that the assessee might choose to charge a low rate of profit was no reason for the Income-Tax Officer to reject the total profits as stated by the company in the return and that the company having admittedly never us......ffirmed in the following words. "The percentage of profit in this specialised industrial business must be high. Most of the manufacturing materials have been imported from abroad. There is also absence of competition when finished goods come out in the market for sale as there is no second ind...... a stock register was not a sufficient ground for rejecting the account of the assessee under the proviso to section 13 of the Income-Tax Act was a Judgment of the Kerala High Court of the Indian jurisdiction in the case of S. Veeriah Reddiar Vs. Commissioner of Income-Tax Travancore, Cochin, Ba..Category: Fiscal/Taxation Law | Date: | Hits: 164
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....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. ......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. ......al being Criminal Appeal No. 113 of 1969 and affirmed the order of conviction and sentence passed by the learned Magistrate. Thereafter the accused-petitioners move the High Court in its revisional jurisdiction and obtained a Rule being Criminal Revision 150 of 1971 which was heard and disposed o..Category: Criminal Law | Date: | Hits: 66
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