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Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....on Commissioner, (1976) 28 DLR (AD) 51 and rightly applied the. Principle enunciated therein to the instant case. 7. To appreciate the real question involved is this appeal a brief review of the facts relating to election of the disputed Centre is necessary. As has been stated above, contest be...... Recounting of the ballot papers by a Tribunal long after the election should ordinarily be resorted to simply on mere asking by an interested party. Ballot papers have special sanctify of their own and their secrecy should not be infringed by reopening the sealed packet unless the recounting beco......his report to the Returning Officer the Presiding Officer stated that the appellant got 444 votes and the respondent got 1135 voter. 2. The Tribunal after hearing the patties and considering the evidence adduced by them rejected all the allegations as baseless excepting the allegation as to t..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....e election disputes are ad-hoc disputes. Each case is to be decided on its own merit. Our observation, in the case of Afzal Khan vs. Election Tribunal and another (1980) 32 DLR AD) 186 is made in the facts of that case. Because in that case recounting of ballot papers was a ''material issue” and t.......A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M Afzal J Md. Badrul Alam Chowdhury……………………….Appellants Vs. Md. Abdul Mannan and others……………………..Respondents Judgment January 19, 1984. The Union Paris...... any place outside the centre and then count the votes." The Appellate Court further disapproved of the method of recounting at the instance of the Returning Officer and upon analysis of the evidence the finding was: “Considering the materials on record and the circumstances of th..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265...... Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J A. T. M. Afzal J Abdul Hadi Bepari ................................Appellant Vs. Safaruddin Mondal and others.........Respondents Judgment March 12, 1986. The Code Civil Procure, 1908 (V of ......tive prayer to the effect that 6e was also a co-sharer in the holding by purchase and fn ease the application for pre eruption was allowed, he should by given rateable pre eruption The trial Court on evidence found both the respondents and this appellant to be he co-sharers by purchase though the ..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....M. Fazlul Hoque Miah District Magistrate Kushtia." 3. The decision as to whether the appellant had obtained the authentication of his declaration as required by law has depended on short facts, namely, whether District Magistrate, Kushtia did the authentication. As, however, it appeared.............Appellant Vs. District Magistrate, Kushtia arid others…………………....Respondents Judgment January 27, 1986. Result: The Appeal is allowed. The Printing Presses and Publication (Declaration and Registration) Act, 1973 (XXIII of 1973) Declaration in resp......cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256...Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....der. In other words, once a preliminary order is passed it must run its full course. A revisional court can stop such course only in exceptional cases. What are those circumstances will depend on the facts of each case. 12. Sessions Judge, therefore, could never exercise power under section 561 A......so Reported in: 38 DLR (AD) (1986) 246 ......osite parties show that they have purchased the land and had taken lease of some of the property and they had been in possession without any interruption and growing paddy. In view of the documentary evidence that had been adduced the learned Session Judge observed: "Perusing all the papers s..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....rgument has been concentrated mainly on that point. 3. In order to appreciate the said point it will be necessary to state at the outset the position in Jaw under which the trial was held and some facts relating to the trial. The Law Reform Ordinance 1978, (XLIX/78); here, in after referred to as...... The Code of Criminal Procedure, 1898 (V of 1898), section 271. Trial does not commence with the commitment of the case. It commences only after the accused is brought before the Court to stand his trial. Till the trial commences within the meaning of section 271 of the Code of Criminal Pr......ssessors was legal. The other ground for leave is to consider the submission that the conviction of the appellants under section 302 by application of section 149 Penal Code was wrong inasmuch as the evidence in the case did not establish that the murder was committed in prosecution of the common ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....e Addl. Deputy Commissioner (Rev) by his order referred to above issued notice for closing of the hat. I do not find it necessary to go into details of the question as to which hat it older. The facts that the C.A. Rolls of the Tebaria hat is under preparation, if establishes that the Tebaria h......DLR (AD) (1986) 201. ...... on a wrong assumption and held that Salimabad hat was carrying with it all its supposed rights to whichever place it has been moving since 1850 A.D. Besides, they did not properly consider the evidence in arriving at their decision that Salimabad hat was older among the two hats- Salimabad an..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....Khondker, learned Counsel, appearing for the plaintiff appellant, argued that so far as the points in clauses (a) and (b) referred to above are concerned they are questions of face and the finding of facts ought not to have been disturbed by the revisional court. In other word, whether the tenant an......dul Latif & another. ……………………………...Respondents Judgment March 11, 1986. The Premises Rent Control Ordinance, 1963 (XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the agreeme...... was placed on the decision of Shamsuddin Ahmed, reported in (1979), 31 D.L.R (AD) 155. Next as to the sub-letting, the learned Single Judge came to the conclusion that in the absence of any positive evidence, that defendant No. 1 had left the suit premise or any part thereof and the defendant No. 2..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....nished, for repeating the offence of contempt of Court, the Rule being numbered as Criminal Miscellaneous Case No. 41 of 1984. 6. Appellant, in his affidavit elated 18th March 1984, disputed the facts alleged in the complaint and submitted that if he unwillingly committed any contempt of Court ......llate Division (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J M. H. Rahman J A. T. M. Afzal J Abdul Karim Sarker .............Appellant Vs. The State and another …………Respondent Judgment February 9, 1986. Contempt of Court “......rately considered the facts and circumstances of the case which appeared from the exhaustive affidavits submitted by the appellant and respondent No. 2. Appellant's Counsel submitted that the lack of evidence in this case led to miscarriage of Justice. It seems that he was not satisfied with affid..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....ce of Mutwalli claimed by two or more parties. This he can only do after hearing them and taking such evidence as may be considered necessary and also after hearing legal arguments on both facts and law which he is supposed to interpret and apply. Though his decision has been made fi......unim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J AKM Ruhul Amin.................Appellant (In Civil Appeal No. 51 of 1985 with Civil Petition No. 140 of 1985) Vs. District Judge and Appellate Election Tribunal, Bhola and others ...Respondents Abul Kalam Azad ……………......ed in the notification. (2) Where the person constituting an Election Tribunal is succeeded by another, the trial of a petition shall continue before the person so succeeding and any evidence already recorded shall remain upon the record and it shall not be necessary to re-exam..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
...., 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 be interfered within the interest of justice in ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khorshed Alam @ Shah Alam……………………………………………Appellant Vs. Amir Sultan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: T......s stated above the suit was brought out. The trial Court as well as the appellant Courts below discarded the defence case and decreed the suit. The Appellate Division on correct analysis of the evidence on record and the principles of law involved in the case set aside the judgements of the ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....sions laid down the proposition that when no appeal is filed against preliminary decree, the same cannot be challenged after the final decree. These two decisions have no manner of application in the facts of the present case. 14. The Code defines decree in section 2 (2) which conclusively determ......te Division (Civil) Present: F K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Ismail Ullah, being dead his heirs Bazidullah and others……….Appellants Vs. Sukumar Chandra Das and others………………………......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....t. Point merits consideration" Prior to making his submissions on points of law raised in this appeal Syed Ishtiaq Ahmed, Counsel for the plaintiff-appellants, made pointed reference to the facts of the case. According to him, the facts involved would show that this was a case of mistake...... Ahmed J Md. Nurul Islam, being dead his heirs: Md. Shamsul Islam & ors…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (......table to allow the prayer for amendment. For the reasons stated 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) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....o determine the entitlement of a party to the Hijanat is not limited to mere observance of age rule so as to exclude the consideration of the interest of the child which would, however, depend on the facts and circumstances of a given case. 11. Rules of hizanat as formulated in Islamic Law find......D 1954 Lah 704, Ali Akbar Vs. Most. Kaniz Maryam, (1956) 8 DLR Lah 43, Most. Sultana Begum Vs. Muhammad Shafi, (19,65) 17 DLR Kar 119 Mst. Munawar Jan Vs. Master Muhammad Afsar Khan, PLD 1962 Lah 142 and Rahimullah Chowdhury Vs. Mrs. Sayeda Helali Begum, (1968) 20 DLR 1 SC. Lawyers Involved: ...... to live with his mother's relations besides examining the appellant and respondent Nos. 1 and 4 the boy was also asked several questions by the Court. On hearing the case and on consideration of the evidence the learned District Judge dismissed the application. Appellant preferred the above mention..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....Court. 5. Mr. Asrarul Hossain, learned Advocate for the appellant, has seriously assailed the decision of the learned Single Judge, particularly his interference in revision with the finding of facts arrived at by the lower Appellate Court on the question whether the respondents were tenan......tion 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the tenancy and restores possession to the landlord. Once a......ppellant or that he got the premises by inheritance from his father and, as such, no question of his holding over as a tenant of the appellant arose 4. The learned Munsif on consideration of the evidence both oral and documentary held that Kala Mia was not a tenant under the plaintiff, that def..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....Division, in Civil Revision, affirmed the judgment of the appellate court below. Leave was granted to consider whether the plea of adverse possession could be taken against the Government in the facts and circumstance of the case. 6. Mr. Boktear Hossain, Advocate-on-Record, appearing for the...... Abani Kanta Chakraborty & others........Respondents Judgment February 5, 1986 The State Acquisition & Tenancy Act (XXVIII OF 1951) Section- 3(4) (e) The Plaintiff got licence from the landlord for cultivation of jute in the disputed land since 1940, the land being in his possession, f......claim title in respect of the suit land on the basis of adverse possession for a period less than 12 years and accordingly dismissed the suit. 5. The appellate court below on the analysis of the evidence found that the plaintiff was in possession of the suit land from 1927 Ext.1 jute licence wa..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....les of the respondent and other employees of the bank, it was pointed out were prescribed by the government and these pay-scales have been brought in line with the National Pay-scales. From all these facts, the learned Advocate contends that the respondent was a government servant. 6. The learn......gment May 30, 1985. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 & 135 The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separ......rder of the High Court Division 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. ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....ss provision of law requiring trial of cross-cases by the same court, practice extending over a century and attending expedience dictate such a trial for arriving at correct determination of disputed facts…………………….(8) Burden of proof The burden to prove its case is on the prose......6) 75. ......nuary 22, 1986. Result: The appeal is allowed. Criminal Trial Words and Phrases ‘Witnesses tendered by prosecution’ explained A witness may be tendered by the prosecution if his evidence is not of much importance or his evidence will make unnecessary addition to the evidence ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....er section 115, C.P.C. in the High Court Division, Dhaka, being Civil Revision No. 412 of 1983 contending, inter alia, that the provision of section 10, C.P C. had no manner of application to toe facts and circumstances of the case. By its judgment and order dated 9th July 1984 the learned Judge......8), section 10 The remedy for realizing dues is provided for in Article 33 of the Shilpa Bank Order, 1972. Since the subject matter of the two proceedings namely, Miscellaneous Case No. 88 of 1974 and Title Suit No. 193 of 1981 are the same, the later was rightly stayed by the Subordinate Judge, ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....plication No. 6 of 1981. 2. The Commissioner of Taxes, East Zone, Dhaka, filed an application under section 66(1) of the Income Tax Act and the question of law was framed thus: ''Whether on the facts and circumstances of the case the Tribunal was justified in allowing the appeal setting as......appeals are allowed. The Income Tax Act (II of 1922) s. 18 Another notice for 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 separ......fect. Section 23(2) provides that the Deputy Commissioner of Taxes may issue notice upon the assessee "requiring him on a date to be therein specified either to attend at the office or to produce any evidence". Then sub-section (3) reads as follows:— "On the day specified in the notice issu..Category: Fiscal/Taxation Law | Date: | Hits: 95
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