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Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no orÂder as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ...... the conclusion that the defendant was & defaulter and he had sublet the premises. Accordingly, the suit was decreed. 4. On revision before the High Court DiÂvision the learned Judge took the view that the plaintiff accepted rent on earlier occasions beyond 7th day of the month, following an..Category: Tenancy Law | Date: | Hits: 65
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 ......ceÂeding against him for contempt and tenders unqualified and unconditional apology and throws himself to the comÂplete mercy of this Hon'ble Court." Appellant's Counsel submitted that in view of unqualified sad unconditional apology tendered by the appellant he may be exoneraÂted. 1..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....ed principle that where a Court or a tribunal has jurisdiction and it determines that question, it cannot be held that it acted illegally or with material irregularity merely because It came to an erroneous deÂcision on a question of fact or even of law, Pakistan Supreme Court observed: "It ...... in the cases cited before us. It has been employed by the courts to state the problem in simpler terms. 14. Mr. M. Nurullah, Attorney-General, Mr.T. H. Khan and Mr. Fazlul Karim supÂported the view that revision lies against an order of the District Judge passed under ArtÂicle 29(4) of the ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... this case stated as a positive case that defendant is a son of one Baramoni but gave up the case. Then the Court of appeal below shifted the onus on Khorshed Alam to prove the marriage and it was erroneous allocation of onus because long line of cases do not place any onus on the evidence in a ......to disprove Monowara’s marriage with Amir Ali, which he failed to discharge. The Courts below, including the High Court Division, wrongly placed the onus of proof upon the defendant. In that view of the matter, the concurrent findings of facts are no findings in the eye of law and should ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....ree cannot be corrected and modified in the appeal against the final decree. 8. Mr. M. H. Khandker, learned CouÂnsel, appearing for the appellants, pointed out that the Appellate Court below had erroneously taken the view of the law when it said that a judgment cannot be interpÂreted to mean s......ething other than what has been clearly decreed by the court. The final decree was in terms of the preliminary decree. So, I find no scope for interference with the final decree." In this view of the matter, the appeal was dismissed. 6. In second appeal, the High Court DiÂvision took..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....this Court and obtained special leave to appeal on the following terms: "Mr. Hamidul Huq Chowdhury, learÂned Counsel appearing for the petitiÂoners, canvassed that the High Court Division erroneously equated issuance of notice with service of notice and fell into an error of law which ...... with issuance of notice under section 6 of the Bengal Land Revenue Sales (Amendment) Act, 1943. 12. On the point of legality of the ImpugÂned sale due to proper service of notice withÂin the purview of section 33 of the Revenue Sales Laws the learned Munsif after referring to divergence of vie..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged 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) 106 ......eferred to the principles of Muslim Law regarÂding the custody of the person of minor children, male and female, and asserted that having regard to these principles which have been enunciated with a view to securing the welfare of minor children, it would have been just and proper if appellant fath..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....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......arned Single Judge for, what he terms, illegally rejecting the appellant's documentary evidence including a clear admission of the respondent that he was a tenant under the appellant and also for the view taken by the learned Single Judge that in the absence of satisfactory proof of payment of rent ..Category: Property Law | Date: | Hits: 37
Government of BangÂladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is disÂmissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......to the finding that the plaintiff was in possession of the suit land from 1940. The rent receiving interest of Maharaja Sashi Kanta Acharya Bahadur was acquired by the Government in 1951. It took the view that as such the plaintiff could not claim title in respect of the suit land on the basis of ad..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court DiviÂsion 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. ...... its departments, such as the Directorate of Co-operative SocÂieties. 5. Mr. Maksum-ul Hakim, learned AdÂvocate for the respondent, has made strenuous efforts to defend the High Court Division's view that the respondent is a government servant. He has stressed the fact that the respondent was a..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, howÂever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......r. There is no difficulty in the Miscellaneous case and the Title Suit being heard together. As such both the matters be placed before the same judge and be disposed of in accordance with law la that view of the matter the order of the learned Subordinate Judge is set aside and it is ordered that bo..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ...... the purpose of section 18 (1) has not been provided for, inasmuch as, it is the continuation of the same proceeding and not a different proceeding. The High Court Division erred in law in taking the view that a separate notice is required for imposing additional tax under section 18 (a). The appeal..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are disÂmissed. 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.......Judge shall have jurisdiction to take cognizance of any offence upon a complaint of facts constituting such offence or upon a report in writing by Police-officer. The learnÂed Single fudge is of the view that when this Special Judge has got power to take cognizance on a complaint there is no necess..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......d Judge was not satisfied in not framing charge against the appellants under section 30 of the Act. 4. Being aggrieved appellants moved this Court and obtained special leave to consider whether in view of the provisions of the Printing, Presses and Publications Ordinance which impliedly provide f..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court DiviÂsion 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. ......ch was addressed to M/S. Haji Mohammad Ali & Sons, deaÂler Burma Eastern Limited, Dhaka Trunk Road, Chittagong is as follows: "Dear Sir, Sub: Our filling station at Dhaka Trunk Road. In view of the fact that the GovernÂment of Bangladesh have declared you an enemy of the State and sea..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......to the share of the complainant the accused removed the doors, windows and some C.I. sheets of the said house, and thereby committed an offence punishable under section 379 of the Penal Code. In this view of the matter, the trial Court recorded the conviction. On appeal it was dismissed by the Appel..Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ...... the judgment that the learned Advocates "find it difficult to argue the appeals on merit. They, however, submit that ends of justice would be met if the senÂtence is substantially reduced". In this view of the matter sentence of the appellants were reduced to 9 months and the appellants were dismi..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... 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. ......anies Act are different and distinct in nature and the character of the proceeding are also separate and distinct and whether reliefs could be granted in the same proceedÂing and further whether the view taken that consequent upon the repeal of the Letters Patent and section 100 C.P.C. appeal would..Category: Company Law | Date: | Hits: 195
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....ree and writ of possession in Title Suit No. 466 of 1958 against the defendants. Be it noted that the khas possession was given on 29.7.61. This over-sight has led the appeÂllate court to come to an erroneous conclusion that the defendants "openly and adversely was in physical possession of the sui......ainst the defendant No.1 at the instance of sons of Afsar Kazi and Ext. 1 which shows that the plaintiffs in that suit got khas possession on 29.7.61 against the defendant No. 1 of this suit. In this view of the matter it was concluded by the trial court that the forcible possession by the defendant..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......ision quashed the said proceeding by the impugned order. 7. Leave was granted to consider the correctness and propriety of the order of the High Court Division in quashing the proceeding. 8. In view of our proposed order we advisedly refrain from dealing with the facts of the case, which will ..Category: Criminal Law | Date: | Hits: 105
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