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Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....the special procedure laid down in the Criminal Law Amendment Act for trial of certain offences; and the Bother question, if, of course, the first question is answered in the negative, is whether the facts of the instant case in which the impugned conviction has been recorded, bring it within the ......-Record—For the Appellant (in Criminal Appeal No. 54 of 1985). B. Hossain, Advocate on Record—For the Appellant-on-Record—For the Respondent (in both the appeals). Criminal Appeals No. 25 and 54 of 1985 (From the judgment and order dated 14 August 1984 passed by the High Court Divisio......spiracy. Cognizance was taken on this police report and the accused appellants were prosecuted and tried under the provision of the Criminal Law Amendment Act. The trial Court on consideration of the evidence of 13 witnesses including a Handwriting expert and a Finger-print expert found that Abdul..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....e under that Act must be governed as in the case of an offence under the Penal Code, by s. 190, Criminal P.C., One of the methods of taking cognizance of an offence is by receiving a complaint of the facts which constitute such an offence There is no restriction in the terms of s. 190, Criminal P.C,...... Vs. Sajedul Haque……………………………………….Respondent Judgment July 9, 1985. The Code of Criminal Procedure, 1898 (Act V of 1898), section 5(2) The Printing, Press and Publication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..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 Division 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. ......Ahmed J M/s Hajee Mohammad Ali & Sons…..Appellant Vs. Burma Eastern Ltd. & others…………Respondents Judgment July 22, 1985. Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the ......Sons dealer of the pump and given to M/S. Alam and Co. on the ground that Hajee Mohammad Ali ousted dealer was declared enemy by the State. But so far as Hajee Mohammad Ali is concerned there is no evidence that he was declared to be an enemy subject. If the allotment was cancelled on the consider..Category: Business or Commercial Law | Date: | Hits: 118
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....smissed the appeal. The Supreme Court of Pakistan in the case of Ramzan Ali Vs State reported in (1968) 20 DLR (SC) 49; PLD 1967 (S.C.) 545 observed; "The High Court, which was the final Court of facts, again unfortunately did not examine the evidence at all in respect of a large number of the......allenging the order of conviction cannot be disposed of only in respect of the period of sentence even on consent of the parties without considering propriety of the Conviction. The Appeal is allowed and the case is sent back on remand to the High Court Division for rehearing on merit……….(7) ......of the appeal only on the question of sentence without hearing it on merit. It is contended by the learned Advocate appearing for the appellant that the High Court Division erred in not examining the evidence on record and in not disposing of the appeal on merits. 6. In order to appreciate the su..Category: Criminal Law | Date: | Hits: 62
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ...... Supreme Court Appellate Division (Civil) Present: FKMAMunim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Sk. Abdul Latif and another…………………………..Appellants Vs. Abdul Malek Kazi & ors................ and not before 1366 B.S. as claimed by the defendants. The trial Court, therefore, concluded that the suit is not barred by limitation. Then it considered the kabala Ext. 2 and considered the oral evidence and came to the conclusion that the plaintiffs have purchased the land along with other l..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
.... Farruk Ahmed filed a naraji petition which, however, was rejected by the learned Sub divisional Magistrate on 15.1.80. The informant again filed a complaint petition on 16. 1. 80 disclosing some new facts, which came to his knowledge after lodging the F.I.R. This petition was marked C.R. Case No. 3......Court Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Farruk Ahmed...................Appellant Vs. Abdul Kader Chowdhury and others.…………………Respondents Judgment July 10, 1985. Result: The Appeal ...... 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 be adjudicated upon by the trial Court on evidence. The only question before the Court is whether the proceeding was liable to be quashed. ..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
.... of an Election Tribunal on an election petition shall be final" was substituted by new sub-sections (3) and (4) as quoted above, was added by the amending Ordinance No. XLIV of 1984. 14. From the facts as stated above, it appears that respondent No. 3 did not file an election petition before the......car, Advocate instructed by Wahidullah, Advocate-on-Record— For the Respondent No. 3. Not represented—For the Respondent Nos. 1-2 & 4. Civil Appeal No. 34 of 1985. From the Judgment and Order dated 4.3.85 passed by the High Court Division, Dhaka in writ petition No. 20 of 1985. ......ion to which the petition relates. (2) Subject to any rules made in this behalf, the Election Tribunal shall, after giving the contesting candidates an opportunity of being heard and taking such evidence as may be produced before it, mike such orders as it may think fit." 13. These two sub-..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 evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......se is also Reported in: 38 DLR (AD) (1986) 6. .................................................Respondent Judgment August 7, 1985. Result: The appeal is allowed. The Civil Procedure Code, 1908 (V of 1908), Order XLI, r. 27 Additional evidence may be adduced on appeal for pronouncing the judgement or for any substantial cause. Duplic..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....urt of fact and the passage quoted above from the judgment of the Appellate Court below shows not only application of mind but considerable anxiety of the Appellate Court below to do justice in the facts and circumstances of the case. Such finding deserves consideration and the opinion is this fin......n………………………………….. Respondents Judgment September 8, 1985. Result: The appeal is allowed. The Municipal Administration Ordinance, 1960 (X of 1960), section 38 and rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and...... tax which they are entitled to adjust towards rent." As for the bona fide requirement the Appellate Court below found that "he does not require both the premises for his show room,'' considering the evidence it was concluded "for show-room one of the premises is sufficient." In this view of the mat..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. ......rder as to costs. Ed. ...... the purpose of contradicting him in which case his attention is required to be drawn to that under section 145 of the Evidence Act and the use of previous statement as a piece of substantive evidence under some sections of the Evidence Act in which case the question of applicability of sec..Category: Property Law | Date: | Hits: 37
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
.... pay in time the taxes provisionally assessed in December, 1964 under section 23B of the Act for the assessment years 1963-64 and 1964-65, respectively. 3. In Writ Petition No. 182 of 1967 the facts the validity of certain orders of the appellants were these: Having provisionally assessed the......with out any order as to costs. Ed. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....ble, a taxing statute must be interpreted in favour of the assessee and against the Revenue Authority". This principle is not disputed, but it has no manner of application in the facts of the present case. 4. The case of Province of Bombay Vs. Khushaldas S. Advani, in 8......sent: A.M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Md. Sona Mia alias Sona Mian Sawdagar being dead his heirs, Md. Nurul Islam and others…. Appellants. Vs. The Collector of Customs, Chittagong and others.......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. ..Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....hat 'K' stands for Khalil. 9. Mr. Rafiqul Huq, learned Counsel for the respondent No. 1 contended that the points urged by the learned Counsel for the appellant are matters relating to facts which cannot be agitated before this Court as the appeal was under section 28 of the Companie...... M. Sayem J A.B. Mahmud Hussain J Ahsanuddin Chowdhury J Jabed Ali Sarker………………… Appellant Vs Dr. Sultan Ahmed and another…………………..Respondent Judgment ...... of the case on the merits." in the instant case it has been argued that onus has been wrongly shifted on the appellant but it should be remembered that the party who alleges forgery must lead evidence in support thereof. In the present case the Courts below have given due consideration..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
.... 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 facts and circumstances may be kept in view. The erstwhile State Bank of Pakistan framed certain R......esent: A. M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Governor, Bangladesh Bank & others…......Appellant (In all the Appeals). Vs. Shamsul Huda Khan and another……………..Respondents (In C.A. No. 26 of 1974). And Mozammel Huq Khan and ......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....he consent of the Advocate-General or Collector in the proceedings in appeal came up for consideration. Be that as it may, the said observations do not appear to have any relevance in relation to the facts and circumstances and the law under consideration. 12. The question relating to the release......der as to cost. Ed. ......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. ..Category: Property Law | Date: | Hits: 48
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....vil Petition for Special Leave to Appeal No.78 of 1974. (From the Judgment and Decree dated 12th December, 1973 passed by the High Court Division in S. A. No. 599 of 1962). 2. The material facts necessary for the disposal of this petition are briefly these. The suit land originally ...... ......a right to reconveyance was a personal right and as such not transferable; and accordingly the contract for reconveyance was not enforceable by Shahar Ali. 4. On a consideration of the evidence and the terms of the Contract embodied in the registered deed of agreement, the learn..Category: Property Law | Date: | Hits: 47
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....ed by sub-rule (1) of the rule 122 of the Defence of Pakistan Rules revailidated and continued by the Enemy Property (continuance of enemy provisions) Ordinance of 1969 (Ordinance No. 1 of 1969). The facts which are relevant for the purpose of this appeal are as follows:— 2. The case of the res...... no order as to costs. Ed. ......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
....d proviso of sub-section (4) of section 145 or sub-section (1) of section 14,6 of the Code should be decided by the learned Magistrate concerned in accordance with law and having regard to the facts and circumstances of the case. Mr. M. R. Khan appearing for respondent No. 2, however......eported in: 27 DLR (AD) (1975) 37. ......ards the fact of actual possession of the subject of dispute. After this has been done the Magistrate is required to hold an enquiry under sub-section (4) thereof and decide, upon taking evidence, as to which of the parties was "at the date of the order before mentioned in such po..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....ned permission from a Magistrate of the First Class, it is liable to be rejected as the factual position is not known. Apart from this we do not think that this contention has any relevancy in the facts and circumstances of this case. Sub-section (5A) of section 5 of Act II of 1947 is as fo...... by B. Hossain, Advocate-on-Record.—For the Petitioner. Not represented—the Respondent. Petition for Special Leave to Appeal No. 30-D 1971. (From the judgment and order of the High Court of East Pakistan dated 13th July, 1971 in Criminal Appeal No. 541 of 196......e was defective. This contention was also taken before the learned Judges of the High Court who observed that the trial Court had drawn attention of the accused- petitioner to every material in the evidence against him and there was no defect in the examination of the accused. This contenti..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....rt may act; but the section does not say that the confession is to amount to proof. Clearly there must be other evidence. 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." ......M. Masud, Deputy Attorney General instructed by A. M. Khan Chowdhury, Advocate-on -Record—For the Respondent. Criminal Appeal No. 9-5 of 1971. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca on 27th May, 1970, in the Criminal Revision Case......hed and thereafter she filed a Petition for Special leave to Appeal before the erstwhile Supreme Court of Pakistan which granted the Leave Prayed for, for consideration of the question whether the evidence on record, even if it is left unrebutted, would justify the order of commitment of the app..Category: Criminal Law | Date: | Hits: 60
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