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Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......al for the offence of robbery, even if the same fire arms had been used while committing the robbery. The trial of the petitioners for the robbery is perfectly lawful. It appears, moreover, that this question as to bar under section 403 was neither raised before the trial Court nor before the appell...... the petitioners, has urged only one ground before us. It is that the trial of the petitioners by the Assistant Sessions Judge was barred by section 403 of the Crl. P.C. in that, earlier, on the same facts, they were tried by a Special Martial Law Court under the Arms Act for unauthorised possession..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ...... Judgment June 18, 1989. Temporary injunction In a case of cancellation of settlement it cannot be said that the lessee is a trespasser merely because his settlement has been cancelled. The question will always remain for consideration whether the settlement has been validly cancelled. On ......e plaintiff-appellant the point for consideration is whether the High Court Division was justified in overturning an order of temporary injunction granted by the First Appellate Court. 2. Material facts of the case are that the plaintiff-appellant took settlement of 2.73 acres of land in severa..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......ingle Judge, by the impugned Judgment and order dated 2 February 1988, upheld the order of remand and discharged the rule in the said revision case. 4. Leave was granted to consider whether in the facts and circumstances of the case, the order of remand passed by the Subordinate Judge for curing ..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ...... actually assumes that office or purports to do the same. In the present case, the day when the writ petition was filed on the ground that the appellant was a defaulter, the proper place to raise the question was the election tribunal. If the respondent chose not to go to the tribunal he ought to ha......Local Government (Union Parishads) Ordinance, 1983 (hereafter referred to as the Ordinance) and as such he has no right to hold the Office of Chairman of the said Union Parishad. 2. The admitted facts of the case as can be gathered from the materials on record are that the appellant, responde..Category: Election Law | Date: | Hits: 130
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......t Division for the said relief. As already noticed they have also been refused there. 4. Leave was granted to consider whether the refusal by the High Court Division was justified in the special facts and circumstances of the case. 5. It has been urged by the learned counsel for the appellan..Category: Criminal Law | Date: | Hits: 63
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. ......e temporary injunction issued in favour of the appellant Mir Ali Khandakar was vacated by the trial Court but there is unimpeachable evidence of P.Ws. 2 and 3 that the kaun was grown in the plot in question by Afzal Hossain and Mir Ali went to plough over the standing crop. Mir Ali could not hav......nt December 6, 1988. Result: The appeal of appellant No. 5 is dismissed, but that of the others is allowed in part. The Penal Code, 1860 (XLV of 1860), sections 302/34, 323 and 324 The facts of this case do not permit an inference that the appellants shared a common intention to commi..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ...... For Respondent No. 1. Ex-parte.—Respondent Nos. 2—24. Civil Appeal No. 9 of 1988. Judgment Shahabuddin Ahmed J.- In this appeal 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 Cour......t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ...... 1977 (From the Judgment and Order dated 2.9.1975 passed by the High Court Division in Criminal Revision No. 787 of 1974) Judgment Kemaluddin Hussain CJ.- Leave was granted to consider the question of interpretation of section 494 of the Code of Criminal Procedure. In view of two de...... accused will proceed according to law.” 5. The learned Judges of the High Court in upholding the order of the Magistrate, inter alia, have given the reason which is as follows: “In the facts and circumstances of this case it appears from the extracts of the papers of the Ministry of H..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.......nts.
3. Turning to the leave order we find that it is now well settled that the amendment of the pleadings could be allowed at any stage of the proceedings for the purpose of determining the real question of controversy between the parties, but it could not be allowed, if, it changed the natur......vy Council and, the Supreme Court of Pakistan and therefore in this particular case the question is one of application of the principle governing the amendment of the pleadings and whether upon the facts of the case the principle was rightly followed by the Courts below.
4. This brings us to l..
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....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.......le 135 of the Constitution. 6. The learned Deputy Attorney-General for the Appellant contended that the cadre of E.P.C.S (Executive) Class II created temporarily and it is still temporary. So the question of substantive appointment of the respondent as circle officer (Revenue) did not arise. The......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-..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ...... to attachment before judgment. (3) What in the circumstances of the case is the scope of the provisions of Order 38, rule 5 of the Code of Civil Procedure. 4. For our consideration the third question comes first and that should be dealt with presently and first two questions will be conside...... 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..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......r Sakhina and Rokeya are the same person. It should be noted that the appellant’s purchase was on 21.4.51 and he was inducted into possession. The whole approach of the case should have been from a question as to whether the appellant is a co-sharer and entitled to pre-empt the land of the kabala ...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123...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. ......ndents. Civil Appeal No. 18 of 1978 (From the Judgment and Order dated 22-04-1977 passed by the High Court in Civil Revision Case No.1445 of 1975) Judgment Kemaluddin Hossain CJ.- The question involved in this appeal is whether the pre-emption petition filed under section 96 of the......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..Category: Property Law | Date: | Hits: 34
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......t of both these contentions learned Counsel relied upon a decision of the Supreme Court of India in the case of National Engineering Industries Ltd. Vs. Hamman AIR 1968 (SC) 33. 5. On the first question, learned Counsel has cited the following observation of the Indian Supreme Court made in ju......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 ..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... 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. ...... 7-3-1974 passed by the 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. ......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..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....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. ......ssion about the history of introduction of the right of pre-emption as available to a Muslim under the Mohammadan Law, in the Land Laws in Bengal, will further clarify the present discussion on the question of applicability of the rule of partial pre-emption to a case by a tenant holding land cont...... 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 ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......tended when the case is still at the investigation stage. Submission of charge sheet cannot be treated as finality of investigation, until cognizance of the offence is taken by the Court. 10. The question raised in the appeals is two-fold, firstly, extent of High Court's inherent power under sec......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..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.
......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.
......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.
..
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. ......f 1967) Judgment Ruhul Islam J.- This appeal by special leave arises out of a judgment of a Bench of the Dacca High Court in Writ Petition No.315 of 1967. Leave was granted to examine the question as to whether the respondent after having obtained from the Chief Controller of Imports and......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 ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......rit Petition. 3. Upon hearing the parties the learned Judges of the High Court, held the order of detention was valid and so dismissed the petition Leave was granted to consider the following questions: (1) Whether the grounds of detention were vague, indefinite and misleading inasmu...... 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..Category: Constitutional Law | Date: | Hits: 408
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