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Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....ode 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 the case and upon this view the conviction of the accused pers......late Division (Criminal) A. M. Sayem CJ Syed A. B. Mahmud Husain J Abdullah Jabir J Abdul Matin Munshi...............Appellant. Vs. Idris Pandiat and ors .............Respondents. Idris Pandit and others ………......... Idris Pandit gave him a dagger blow and when he rolled down in the canal some other accused persons also assaulted him and that the accused persons also caused injuries to Tajul Islam. In his evidence he stated that as he was going to Kaliatoli Bazar for marketing on the date of occurr..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....al against acquittal, be he in custody in obedience to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the CoÂllaborators Order." 4. The facts of the case of Jobed Ali were that Jobed Ali and others were tried under P. O. 8 and were acqu...... 1974). Badsha Miah.....................Respondent (In Criminal Appeal No. 8 of 1974). Md. Bazlur Rahman Miah & another……....Respondents (In Criminal Appeal No. 9 of 1974). Gopal Chandra Roy & another ……………………Respondents (In Criminal Appeal No. 10 of 1974). ......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. ..Category: Criminal Law | Date: | Hits: 104
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. ......sp; Cases Referred to- Khadim Vs. The Crown, P.L.D. 1954 Lahore 69; Abdul Gani Vs. The State, 19, DLR. Dacca 388; The State Vs. Puma Chandra Mondal 22 DLR. Dac. 280. Lawyers involved: Abdur Rashed, Advocate— For ...... some one else could not be ruled out and that the charge of murder against the prisoner was not proved beyond reasonable doubt. 7. In this case leave was granted for the examination of the evidence for the purpose of dispensation of justice. So Mr. Rashed took us through the evidence. T..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....ell as on the question of plaintiff-respondent's possession of the transferred land; 2) Whether the learned Judge has correctly applied Article 10 of the Limitation Act in the facts of the instant case and holding that the suit is not barred by limitation. Right of 'shufa' ......;……………………………………Appellants Vs. Abdul Latif Bhuiyan, being dead, his heirs: Asia Khatun and ors……………..Respondents Judgment Feb. 26.1981.&......ne year from the said dispossession, was not accepted by the lower Appellate Court, because, the plaintiff's possession could not be proved by his witnesses. The lower Appellate Court accepted the evidence of the witnesses of the defendants who proved that defendants are in actual possession of ..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......y General, B. Hossain Advocate-on-Record.—Rule 1, Order XLV, Supreme Court (A.D.) Rules, 1973. Ex parte—Respondent. Civil Appeal No. 31 of 1979. (From the judgment and order dated March 22, 1973 passed by the High Court Division in Appeal No. 1 of 1974) Ju......the judgment of the High Court Division is not the proper judgment, of reversal, inasmuch as the findings of the Company Judge have been reversed on non-consideration of important pieces of the evidence on record the submissions of the learned Counsel Merit consideration." ..Category: Business or Commercial Law | Date: | Hits: 101
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....ntentions Mr. Khandaker has, of course, referred to a great number of decisions; but before we consider the principle of law formulated in those decisions we propose to look into the relevant facts of the case as on record in order to see the inconsistent stand taken by the plaintiff at the...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Sunil Kumar Biswas …………………….Appellant Vs. Mohammad Idris and others…………Respondents Judgment April 16, 1981 ......the question of annulment of any Kol-karsha, on plaintiffs' purchase of the karsha in Rent Execution case No. 32 of 1942, did not arise. But when the defendants led unchallengeable evidence, both oral and documentary, showing the creation of the Kol-karsha under Ext. B by Ja..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......d. ......it was created for a legal necessity and that whatever title the plaintiffs got it was extinguished by adverse possession since 1943. 4. The learned Subordinate Judge on consideration of the evidence on record decreed the suit by his judgment dated August 15, 1964 in preliminary form ..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....the Penal Code. Counsel contended that this exception does not cover statements made in written complaint but statements made orally in open court. 3. It would be useful to take note of the facts of the case. The appellant Dr. Jamshed Bakht was the Chief Medical Officer, Sylhet District M......n vs. Bholanath Khattry (1911) I.L.R. 38 Cal. 888. Lawyers Involved: Md. Nurul Huq, Advocate-on-Record—For the Appellant. B.K. Das, Advocate, instructed by B.C. Panday, Advocate-on-Record,—For the Respondent. Judgment: ......ives in Laktora Tea Estate with his family. 4. Respondent Ameenur Rashid Chowdhury is the Editor, Printer and Publisher of Weekly Jugabhery (in Bengali) and Eastern Herald (in English). The evidence discloses the appellant and respondent are men of position in Sylhet Town and both a..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....ken away such interest has not been produced. The principles laid down by the Supreme Court of Pakistan in the decision reported in (1967) 19 D.L.R (SC) 36 is not, therefore, applicable to the facts of the present case and right of pre-emption claimed by the appellants is not accordingly af......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ision of Bangladesh Petroleum Corporation in any way at the administrative level, shall be the decision of Jamuna Oil Company Limited for the purpose of its management. 3. The relevant facts which led to the formation of the Company are as follows:— (a) Pakista......lam, Advocate, instructed by Md, Aftab Hossain, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondent. Civil Appeal No. 20 of 1980. (From the Judgment and Order dated 30.4.79 passed by the High Court Division in Company Matter No. 10 of 1979.) ......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 107
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....D.L.R. (S.C.) 36 that the pre-emptor though a co-sharer at the time of transfer ceased lo be a co-sharer in the holding on the separation of the jama. The decision cited by him does not help in the facts and circumstances of the case as indicated above, because it has been found that the pre-empt...... Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J K.M. Subhan J Badrul Haider Chowdhury J Mohd. Jabed Ali and others.................................... Appellants. (For all the appeals) Vs. ......17 of the Act, the learned Judge endorsed the view of the Additional District Judge with the following observations: "The pre-emptor denied to have filed the said petition. In his evidence he has evidently made a clear statement disclaiming the petition Ext. C. In the circumsta..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......ppellate Division (Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Mafizuddin Patwari being dead his heirs Md. Tofaazzal Hossain Patwari and others ………………….Appellants Vs. Abdul...... And as such the separation is allowed as suggested and proposed by the T.D.R." 8. The trial court noticed that this Ext. D had been acted upon by the parties. This finding is based on the evidence of P.W 8, Tahsilder who deposed that the jama of Rs.5/1/-annas was divided into two jamas&m..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... can be no injunction for actionable wrongs for which damages are proper remedy. Temporary injunctions are regulated by the Code of Civil Procedure under Order 39; rule 1 (a) and (b). In the given facts and circumstances of the case two courts below have held that the plaintiff has no cause of a......ttara Bank …………………………………………………Appellant Vs. Macneill and Kilburn Ltd. and others……………….Respondents Judg...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of BanglaÂdesh and others, 1981, 10 CLC (AD)
.... on general principles a person cannot be allowed to reap double benefit. This decision in the case of Pakistan vs. A. B. Isaac (1970) 22 D.L.R (SC) 371 has no manner of application because in the facts and circumstances of the present case no such foundation was laid by any of the parties clai......m J Rahul Islam J Badrul Haider Chbwdhury J Shaha-buddin Ahmed J Hasan Imam Chowdhury........................... Appellant Vs. Govt. of Bangladesh and others................. Respondents Judgment March 23, 1981. Lawyers Inv......ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....resentative character and not in his private capacity and in the absence of the plaintiff the respondent, as Khadem, would continue the suit. 5. Leave was granted to consider whether in the facts and circumstances of the case the respondent, as a Khadem, could be substituted under Or......ondker, Senior Advocate A.K.M. Shafiqur Rahman with him instructed by Md. Aftab Hossain, Advocate-an-Record,—For the Respondent. Civil Appeal No. 48 of 1979. (From the judgment and order dated 25-5-78 passed by the High Court Division in Civil Revision No. 152 of 1980.) ......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ...... Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Amanullah Bhuiyan and others…………….Appellants Vs. Abdul Hafiz and or......A decree in a partition suit is an instrument of partition which is chargeable with stamp duty under article 45 of the Stamp Act, 1898, and unless it is duly stamped the decree is not admissible in evidence as provided in section 35 of the Stamp Act. The Privy Council held in Ram Rattan vs. ..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick BroÂthers, 1981, 10 CLC (AD)
....e income tax authorities find that such returns have been filed correctly these would be accepted accordingly. (b) If in the light of the wealth stateÂments, personal expenses and other relevant facts, the returns/revised returns or the consolidated statement are not found acceptable by the Dep......¦â€¦..Petitioner Vs. M/s. Mullick BroÂthers…………………………………………..Respondent Judgment February 2, 1981. Result: The review appliÂcation is allowed and the appeal is dismissed. Lawyers Involved: T. H. Khan, Senior Advocate, with Muzammel Huq...... Income-tax Act and all the provisions of the Act will apply accorÂdingly. The penal provisions of M.L.R 32 will not, however, be invoked in such cases. (d) where the income-tax authorities have evidence to show that the declaration (s) made be the assessee under this RegulaÂtion are false the..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
.... holding and all he tenants holding lands contiguous to the land transferred and the transferee shall be made parties." 5. interpreting section 96(2) in the background of facts of the former case namely, Motilal Sikder vs. Benodini Dasi. This Division held: ......…………………………………………….Appellant Vs. Durjan Ali alias Siddique Hossain and others………………………..Respondent ......leged left-out heirs of Barku had a subsisting right of pre-emption." 11. Mr Anil Chandra Sarker learned Advocate for the appellant bat contended that it was for the pre-emptor to lead evidence showing that the left-out co-sharers had lost their interest in the land in question by tr..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sreemati Charubala Sen Gupta, being read her substituted legatee. Sree Paresh Chandra Deb Gupta………………………………………………………….Appellant Vs. ......allowed. The Succession Act, 1925 (39 of 1925), section 283 In a proceeding for the probate of a Will what the court is requiÂred to see is whether the Will is duly execuÂted and if there is evidence to this effect the court will grant the probate. It is not the concern of the probate court..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
.... notification on various grounds by filing a Writ Petition under Article 102 of the ConsÂtitution alleging, inter alia, mala fide in the Government in causing his premature retireÂment. 7. Some facts which appear in the petition may seem to be relevant for deciding the legality or otherwise of......uhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represenÂted by the Secretary, Ministry of Health and Population Control and others…………………………………………Respondent Judg......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
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