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Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8....... be noted that under the unamended law a decision of the Tribunal on an election petition, whatever might have been the decision, was final and could not have been challenged in any Court. Keeping in view this position, the law was amended which not only made the Tribunal's decision appealable in pr..Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional eviÂdence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......n unless the court finds that there is some inherent defect or lacuna in the evidence for which the court will not be able to pronounce its judgment properly." 9. The learned Single Judge took the view “it is purely discretion on the part of the Appellate Court to grant such an applicaÂtion fo..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......aider Chowdhury J.- This appeal by special leave is directed against the judgÂment of the High Court Division in Second Appeal No. 974 of 1967. Leave was granted to consider the question whether the view of the Appellate Court below that the bonafide requirement of the lessor would be fulfilled if ..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ...... explain the admission contained therein, as is required under the provision of section 145 of the Evidence Act, the said document had not been legally proved and, in support of the said view, relied upon the judgment of a Full Bench of the Lahore High Court in case of Firm Malik Das R..Category: Property Law | Date: | Hits: 37
Commissioner of InÂcome tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......Court, accordingly, came to the conclusion that the impugned orders of the Income-tax Officer as well as those of the ComÂmissioner were without lawful authority and of no legal effect. 8. With a view to facilitating a close examinaÂtion of its language and content, section 45A is set down belo..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ...... runs thus: — "What is the ordinary rule of construction when construing Acts of Parliament and other documents? It is that if the language is ambiguous and admits of two views you must not adopt that view which leads to manifest public mischief." Mr. ..Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
.... the transfer deed executed on non-judicial stamps in favour of respondent No. 1, inasmuch, as they decided the matter by setting up a new case not raised by the pleading of the parties and also by erroneously presuming that in proving forgery in the instant ease it was incumbent on the appellan...... has further been stated that the petitioner for the first time mentioned about the existence of the said instrument before this Hon'ble Court. The statement is obviously incorrect in view of the company's statement that a Photostat copy of the said instrument was given to the comp..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....es of the High Court Division that the seniority which the respondents acquired under the Staff Circular of January, I960 was a vested right that was taken away under the impugned circular, was erroneous. 3. In order to appreciate the contentions raised in these appeals the following fac......aving been issued in exercise of the powers conferred on the Bank by the Staff Regulation, 1956 and under President's Order No. 127 of 1972, its legality canÂnot be questioned. (2) That the view taken by the learned JudÂges of the High Court Division that the seniority which the respond..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......since no action was taken in purÂsuance of that order, he made a representation to the Additional Deputy Commissioner (ReÂquisition) Dacca who on the basis of the direcÂtion of Mr. Madani took the view that the area marked 'A' in the sketch map covering plots Nos. 732, 733, 734, 694 and 737 which..Category: Property Law | Date: | Hits: 48
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ...... this point. Reference was also made to Vishveshwar Vs. Durgappa (A.I.R. 1940 Bom. 339), also reported in I.L.R. 1940 Bombay 674 in which Beaumont, C. J. sitting with Sen, J. pointed out that the view earlier taken by Deaman and Heaton, JJ. in Vithoba Kadhav Vs. Madhav Damadar reported in (191..Category: Property Law | Date: | Hits: 47
Bangladesh Enemy Property ManageÂment Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....s and are of no legal conseÂquence. 5. It was next contended by the learned Additional Attorney-General that the impuÂgned order of the High Court Division is based upon views which appear to be erroneous. The said views are that the order of vesting of the properties and assets of the firm cou......tan shall be deemed to have vested in the Government of Bangladesh on and from the 26th day of March, 1971." 4. The learned Judges of the High Court Division held that since the had taken the view that the properties and assets of the firm could not be vested in the Custodian of Enemy Proper..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......he privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." 6. Loughran in "Judicial Review of Federal Executive Action" at page 634 states that the aforesaid declaration in the Con..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......fter filed a Petition for Special Leave to Appeal against the judgment of the High Court dated 7.7.69 and the erstwhile Supreme Court' of Pakistan granted leave to consider the question whether in view of the fact that the Sub-Divisional Officer while releasing the land came to a clear finding t..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ...... servant when the Court takes cognizance of the offence allegedly committed by him when he was a public servant. Mr. Abdul Hamid could not cite any decision of the Supreme Court in which a contrary view was taken. Hence this contention also fails. 5. It was next contended that the examina..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......idence. The confession is only one element in the consideration of all the facts proved in the case; it can be put into the scale and weighed with the other evidence." 8. In view of the observation above, the questions arose in what way a confession can be used in support ..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......iction of the other two, to that under section 147 of the Penal Code and sentenced them to suffer rigorous imprisonment for one year and six months each. The learned Judges, however, took the view that section 34 of the Penal Code had no application in the facts and circumstances of th..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......icle 14 of P. O. 8, it cannot be invoked to grant bail to a person convicted under that P. O. That decision was taken note of by the learnÂed Judges of the High Court Division who, however, took the view that the said decision "requires reconsideration" by them in the light of an observation which ..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed withÂout any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......ectorates to exercise their right of franchise by casting their votes for election of a suitable candidate as Chairman. 4. The High Court Division summarily rejected the petition as it was of the view that having declared Mr. Md. Abdullah elected as Chairman of the Union Parishad, the ReturÂnin..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......ot even questioned as to whether he recorded the statements of witnesses he examined. P. W. Siraj and Fazila should have been cross-examined with reference to their statements to police with a view to shake their veracity as eye-witnesses and to show that they did not see the occurrence as ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......wards, on its registration. Delivery of possession is not so vital as in the case of sale under the Mohammedan Law. There are a number of decisions of different superior Courts supporting the view that the personal law regarding transfer of property cannot override the statutory law, that i..Category: Property Law | Date: | Hits: 45
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