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Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......iminal Trial PM Examination Report In discharging his professional duties, a doctor must strictly observe the rules of medical ethics and jurisprudence as well as have regard to the laws of the country which do not spare the kind of conduct for which he now stands convicted. The ..Category: Criminal Law | Date: | Hits: 58
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....rated at the instance of M/S. Gannysons Ltd. since the properties were abandoned and the Government did not come forward to save the properties in question from the sale by taking advantage of the provisions of Article 14(1) of P.O. No. 16 of 1972. The appellants who were shown as judgment-debto......ver kind, in respect of such property shall be granted or made by any Court or any other authority, and the Government shall not be divested or dispossessed of such property by operation of any law for the time being in force. (2) Any such legal process as aforesaid subsisting immed..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....ized such right…………….(12) Right to specific performance of contract for sale of any property is a right relating to property. It must, therefore, receive protection in the absence of any provisions of law to the contrary. There are no such provisions of law. The Order of abetment is vac...... Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Right to property is as important a right as right to life and liberty of a person, and not only laws extend protection to such right, even the Constitution has, subject to certain qualifications o..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....ong and also for the neglect in not taking proper care of the Trawler as the custodian. Direction was issued to the learned Subordinate Judge to proceed against the appellant in accordance with the provisions of rule 4 (c). Order XL of the Civil Procedure Code. Further, the Bureau of Anti-Corrup......arisen), has become involved at the appellate stage in consequence of a direction by the learned Judges of the High Court Division issued on June 20, 1981 to show-cause why appropriate action under law should not be taken against him for allowing the Trawler in question to escape from the lawful..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
.... another.............................Appellants Vs. Baktear Ahmed Chowdhury & other.............................Respondents Judgment June 14, 1983. The provision for the appointment of a receiver is to be considered as one of the harshest remedies for......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ..Category: Property Law | Date: | Hits: 45
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....e tried summarily. This point is covered by a decision in the case of Muslim Mondal and others Vs. The State, 14 DLR 595 where it was observed: "I am afraid in view of the provision of section 264 of the Code of Criminal Procedure; the provisions of section 367 cannot a......e conclusion that the requirement of sections 263 and 264 Cr. P. C. were complied with and therefore it could not be said the order of the learned Magistrate was not in accordance with law. In this view of the matter the reference was rejected. Leave was granted to consider ..Category: Criminal Law | Date: | Hits: 41
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ...... 20.10.82 passed by the High Court Division in Civil Revision No. 1021 of 1980 discharging the Rule. 2. Leave was granted to consider whether the High Court Division committed an error of law or procedure in rejecting the petition for rehearing of their case and thereby deprived the app..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....f satisfied by the statements made in the plaint can extend the period beyond two years even without a formal application. 15. For deciding this point, it would be necessary to consider the provisions of section 8 of the Maritime Convention Act, 1911. It runs as follows: &qu...... time limit fixed under section 8 of the Maritime Convention Act, 1911 to bring an action in court can be considered, whether the question of limitation being a mixed question of law and fact, can be decided without entering into evidence and hearing the suit on merit and plain..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ication of mistakes in the records of right prepared on the basis of possession in the land in question. The scheme of the section shows that possession is the material question. This was a special provision and this section was inserted after section 143 by E. P. Ordinance VIII of 1967. It was,...... appellant against the judgment and order of the High Court Division passed in Civil Revision, Case Nos. 951 to 955 of 1972. All the cases were disposed of by a single judgment. Common question of law being involved all the appeals are heard together and disposed of by this single judgment. ..Category: Property Law | Date: | Hits: 28
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ......ty. In the instant case the appellant, who claims the detenue as his wife, as well as the respondent, father of the detenue both are claiming custody of the girl on release. Under the law both are competent to challenge the legality of the detention. 6. Section 491 of the C..Category: Criminal Law | Date: | Hits: 58
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....Division has correctly construed the documentary evidence in ascertaining the nature and character of the lands in question and also whether the High Court Division correctly applied the provisions of section 26G of the Bengal Tenancy Act in view of the amendment of this Act in 1928, ......eriod which does not and cannot, in any possible, event, by any agreement, express or implied, exceed fifteen years land notwithstanding anything contained in this Act or in any other law or in any contract, no other form of usufructuary mortgage so entered into after the commencem..Category: Property Law | Date: | Hits: 35
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....ded the case to that court for re-hearing the appeal on merit according to law. In the course of the judgment, the learned Judges observed as follows: "From a reading of provisions of section 74 of the Ordinance it appears to us that sub-section 1 contemplates suits f...... Md. Mannaf Hossain Khan and ors................................................. Respondents Judgment May 22, 1983. In case of impleading the corporation the requirement of law is that two months’ notice in writing has to be given to the corporation before filing o..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....nt or discharge of un accused is not "acquittal" within the meaning of section 403 of the Criminal P.C. which expressly prohibits fresh prosecution of a person who has been acquitted; (2) there is no provision in law that prohibits entertainment of a fresh complaint after 'dismissal' or 'discharge......or quashing the proceeding by the High Court under section 561A Cr.P.C. was dismissed. The contention that complainant by Khorshed Alam was a third complainant and as such was not maintainable in law was rejected on the ground that the naraji petition by informant Shawkat Raja was not disposed o..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......ture in the Bainapatra as the signature of Aziza Bibi. Pointing to these circumstances Mr. T. H. Khan argued that the reassessment of evidence by the High Court Division was not in accordance with law and well-settled principles and the judgment of reversal suffers from defect which warrants clo..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......sed to exist, and in support of this contention he has referred to a decision of the Calcutta High Court in the case of Khitish Chandra Mondal Vs Shiba Rani Devi AIR 1956 Cal 441. The principle of law followed in that case is not disputed in the instant case since both the parties are relying up..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
...............................Respondent Judgment November 23, 1983. The Criminal Procedure Code, 1898 (V of 1898), Section 145. There is no legal provision which empowers a Magistrate under section 145 of the Code of Criminal Procedure to physic......d Metropolitan Magistrate. The learned Sessions Judge after hearing the revisional application rejected it with a direction to the learned Magistrate to dispose of the case in accordance with law. 7. The 2nd party respondent then moved the High Court Division for quashing the..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
....of the criminal proceeding for forgery. The learned Counsel further contends that the High Court Division erroneously refused to interfere with the order of the Sessions Judge on misconception of the provision of section 439 CrPC holding that the High Court Division in revisional jurisdiction cann......we are of opinion that the order of the High Court Division cannot be mentioned and accordingly it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....ot relinquish the balance Mr. Shahabuddin Ahmed, learned Advocate for the appellant, contends that the smaller claim was not put for bringing the claim within the Court's jurisdiction and that the provision of sub rule (2) is not attracted in this case, but it applies if a subsequent suit is sou......his case, but it applies if a subsequent suit is sought to be filed for realisation of the ‘omitted or relinquished claim’. The learned Advocate further contends that this provision of law does not contemplate that the omitted portion of the claim cannot be realised in the same suit ..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ...... 2. The appellant filed Title Suit No. 12 of 1970 in the court of Subordinate Judge, Dhaka for a declaration that the order of reversion to his former post was malafide, illegal and without lawful authority and for realisation of arrear salary, what led to his grievance appears from the ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
.... could not be charged with larceny with partnership property neither could be charged with misappropriation of such property. This difficulty was realised and it was met by the enactment of a special provision. But there is no such special provision in the Indian Law. The learned Chief Justice offer...... another...................... Respondents Judgment June 20, 1983. Result: The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled to a decision..Category: Criminal Law | Date: | Hits: 146
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