Search Options
Judgment Advanced Search
Displaying 6261-6280 of 7133 results.
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....at for the determination of this point reference was made to section 33 of Act XI of 1859. Section 33 provides as follows: "No sale for arrears of revenue .... shall be annulled by a Court of justice except upon the ground of its having been made contrary to the provisions of this Act, a......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......dges of the High Court Division committed no illegality in equating issue of notice with service of notice. The Plaintiff Appellant himself was present when the impugned sale was held and did nothing to prevent it or to have it set aside before the period of limitation expired. The Plaintiff having ......ions 5, 6 and 7 of Bangal Laud Revenue Sales Act (Act XI of 1859) upon the plaintiff and the recorded owners of the jute or even in the locality and kutchery of the Malgujar in the manner required by law, result being that properties worth Tk. 40.000/- were sold at a shockingly low price of Tk. 400/..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged 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) 106 ...... to be taken to U. K where he underwent operation in the hands of expert surgeons involving considerÂable expenses which were entirely borne by the mother, the need for a second operation which may, according to doctor's opinion, also have to be done there and the argent necessity for his constant ......Md. Abu Baker Siddique.....................Appellant Vs. S.M.A Bakar & others …………………………………Respondent Judgment December 3, 1985. Muhammadan Law—Hizanat (custody of child) Different schools of Muslim thought (Sunni) have difference of opinion about ......……(21) Child’s welfare is of paramount importance in appointing guardian. Welfare of the child is to be considered while appointing guardian of the minor consistent with personal law to which the minor is subject to. Deviation from Hanafi School of Law is permissible for appoint..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......en decided finally by the appellate Court they could not be reopened and re-agitated in revision unless it is shown that the findings had not been made on due consideration of ail material evidence according to established principles of assessÂment of evidence. As such the evidence both oral and ......of 1872), section 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 lan......t in view of creation of the tenancy in favour of Kala Mia, father of the respondent, the latter was estoÂpped from questioning the appellant's title under section 116 of the Evidence Act. 6. The law on the subject, that is, landÂlord-tenant relationship, is a settled law. It has been expounded..Category: Property Law | Date: | Hits: 37
Government of BangÂladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is disÂmissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......cquired by the Government in 1951. It took the view that as such the plaintiff could not 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 anaÂlysis of the evidence fo......, from before. His tenancy right has matured over the last forty years and such right is exercisable against the ex-land lord against whom the plea of adverse possession has been taken. He is willing to pay rent to the next land lord that is the government. His status is undeniable. His possession i....... The plaintiff's simple case is that he was on the land since 1927 and the land was a low land. It silted up gradually and in 1940 it became fit for cultivation of jute and since it was regulated by law, he applied for licence and got Ext.1. Then he grew jute. The landlord was Maharaja Sashi Kanta ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....s power of supervision of a co-operative society does not alter the character and status of the organisation namely the bank to whose service the appointment was made…..(16) Principle of natural justice was duly applied with the respondent even though civil service rules were not applicable to ......bank for its employees, would have statutory effect. The Rules were adopted by the Managing Committee of the bank by a resolution for governing the disciplinary matters relating to its employees, and according to the High Court, the bank was bound by these Rules which therefore got statutory force. ......g under the co-operating societies land mortgage bank, not a government servant for the purpose of his service with the bank.The respondent is neither a government servant nor an employee of any statutory corporation nor holding any statutory post nor performing any duty of public character and as s......ry co-operative society vests in the general body of its members. The management of every co-operative society is vetted in a Managing Committee constituted in accordance with this Act, rules and bye laws. The Act, or the Rules, do not expressly provide for appointment' of officers and employees of ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......That is why the Shalish alleged to have been held at the day time is of fundamental imporÂtance. P.Ws. 1, 2, 3, 11 and 12 have deposed that there was a Shalish held in the house of Nurul Islam, but, according to the defence, there was no Shalish at all. The learned Judges of the High Court Division......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 unneceÂssary addition to the evidence already adduÂced. Sometimes, a witness is tendered by the prosecution out of a moti......€¦..(7) Procedure for trial of counter-cases A case and a counter case arising out of the same incident should be tried simultaneously by the same court. Though these is no express provision of law requiring trial of cross-cases by the same court, practice extending over a century and attendin..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....1981. It appears from the following observations of the learned Judges of the High Court Division that after stating the contentions of the learned CouÂnsels they came to the conclusion that ends of justice require that the Miscellaneous Case and the Title Suit should bf heard together by the same ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, howÂever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......led Miscellaneous Case No. 88 of 1974 under Article 33 of the Shilpa Bank Order, 1972 (President’s Order No. 129 of 1972) in the Court of District Judge, Dhaka for realisation of its dues amounting to Tk. 1,31,15,907 38 as on 31-3-74. On 18th September 1976 the aforesaid case was decreed on compro...... disposed of together by the same Judge. 7. Being aggrieved the appellant Bank moved this Court and obtained special leave to appeal to consider that since the Shilpa Bank Order, 1972 is a special law and the Miscellaneous Case started under its provisions was decreed on compromise the purpose of..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....t and framed the question as mentioned above. 4. The learned Judges of the High Court Division took the view that a fresh notice was necessary and grounded such opinion on the principle of natural justice. The learned Judge observed. "We hold that in order to levy addiÂtional tax u/s. 18A of ......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......nt proceeding. The High Court Division erred in law in taking the view that a separate notice is required for imposing additional tax under section 18 (a). The appeals are allowed. Cases Referred to- Commissioner of Income Tax vs. Fazlur RahÂman (1964) 16 DLR (SC) 506; Badridas Daga vs. Comm......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 separate notice is required for imposing additional tax under section ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......Officer, but appellant Sonaullah Akbar after some procrastination disclosed that he was one of the three purchasers in the auction, the other two being Abdul Ghani Akhan and Korban Ali Akhan; that is according to his claim, this third brother Nur Mohammad Akhan was not among the purchasers. These br......The Criminal Law Amendment Act, 1958 When an offence within the meaning of sub-section (1) (c) of section 195 of the Code is committed in a proceeding before a Court, then the complaint shall have to be filed by the Court or by any other Court to whom that Court is subordinate. If an offence fall......thin the meaning of clause (c) of section 195 (1). The provisions of complaint of Court is not applicable to the trial of the appellants. Thus, the cognizance taken by this Special Judge is perfectly lawful. Both the appeals are dismissed. …………(6 & 7) Lawyers Involved: Serajul Hu..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......ublication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under any law other than the Penal Code has to be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code of Criminal Procedure. Under the Act there being no special ......e, 1898 (Act V of 1898), section 5(2) The Printing, Press and Publication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under any law other than the Penal Code has to be investigated, inquired into, tried and otherwise dealt with according to the provisions of the....... 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 any law other than the Penal Code has to be investigated, inquired into, tried and otherwise dealt with ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....am, two days before the aforesaid letter was addressed. Thus, no opportunity was given to the appellant firm to deny or disprove such allegations leading to the violation of the principles of natural justice. Though neither respondent No. 3 nor the Government has come forward to contest the case, th...... consideraÂtion." The main questions for determination in this appeal are whether the termination of the appellant's dealership licence is legal and, in case it has not been terminated legally or according to its terms, to what reliefs the appellant is entitled? 19. Appellant's Counsel has ve......eal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the petrol pump station was done without authorization of law and prior notice to the Appellant firm. This act is complete disregard of the express terms of the agreement between ...... Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the petrol pump station was done without authorization of law and prior notice to the Appellant firm. This act is complete disregard of the express terms of t..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....he case of Md. Joynal and others vs Md. Rustam Ali Mia and others reported in Bangladesh Case Reports 1984 AD 19, considered the nature of section 345 and observed that our criminal administration of justice encourages compromise of certain disputes and some of the cases can be comÂpounded as provi......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......cedure, 1898 (Act No. V of 1898), Section 345 (5) The Penal Code, 1860 (XLV of 1860) Section 379 The case being under Section 379 of the Penal Code is compoundable by the owner of the property stolen under section 345(5), Cr.P.C. and as compounding of such disputes is encouraged, the Court dis......is the complainant and. is the owner of the property in question. She has now filed an affidavit praying for composition of the offence as the parties are inter-relaÂted. As we have noticed that the law encouÂrages the composition of the offence and since this matter is pending by way of special l..Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....peal No. 205 of 1980 and 236 of 1980. The learned Single Judge recorded in the judgment that the learned Advocates "find it difficult to argue the appeals on merit. They, however, submit that ends of justice would be met if the senÂtence is substantially reduced". In this view of the matter sentenc......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......nnot 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) Cases Referred to- Ramzan Ali ......dated 29.8.83 passed by the High Court Division, Dhaka Bench in Criminal Appeal No. 205 of 1980.) Judgment Badrul Haider Chowdhury J.- In this apÂpeal by special leave an important question of law has been raised, namely, when a crimiÂnal appeal is filed against conviction and senÂtence it ..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......2 of the Companies Act and Prayer for rectification of the share register under section 38, simultaneously in the same petition before the Company Judge, in not maintainable and cannot be disposed of together ………..(23) Where winding up order had intervened whereby rights of creditors were m......aforesaid proviso to section 38 (3) is that if and when the Company Judge directs an issue to be tried in connection with an application under section 38 of the Companies Act in which any question of law may be raised, an appeal from the decision of the Company Judge on such an issue shall lie to th..Category: Company Law | Date: | Hits: 195
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 apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ............. Respondents Judgment May 2, 1983. Result: The apÂpeal is allowed. The Civil Procedure Code, 1908 (V of 1908), section 100 Adverse Possession. Possession is not adverse to the rightful claimant owners if it is not exercised in open assertion of hostile title. Isolated ......erse Possession. Possession is not adverse to the rightful claimant owners if it is not exercised in open assertion of hostile title. Isolated fact of user cannot constitute adverse possession in law. Once a tenancy comes into existence the tenant cannot convert his tenancy into a permanent one ..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......d. The Criminal Procedure Code, 1898 (V of 1898), section 561A. Ref. Quashing of proceeding The GD entry and the FIR giving detail of the cause of apprehension and the circumstances leading to making the fetal blow upon the victim by principal Accused Saifuddin @ Saifa and involvement of t...... litigations with the respondents and apprehending danger and mischief, the complaint’s nephew, deceÂased Md. Harun went to Fatickchari Thana at about 9 A.M. to make a G.D. entry in resÂpect of unlawful activities of the accused persons. On his way back home when Harun reached the south-eastern ..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......9th April 1984. As respondent No. 3 did not file the written statement the Tribunal granted time for doing so till 8 May 1984. From that date respondent No. 3 did not take any steps in the matter and accordingly the Election Tribunal fixed date for ex parte hearing of the election case on 9th May 19......ce, 1983 (LI of 1983), Section 29 Respondent no. 3 not filling an election petition before the Election Tribunal after result of the election was declared on 7th of June 1984, he is not authorized to exercise his right of appeal granted under section 4 of the Amending Ordinance (per Fazle Munim C......led by respondent No.3 and set aside the order dated 9.5.84 passed by the Election Tribunal, respondent No. 2, and sent back the case on remand to it for fresh disposal of the case in accordance with law. 9. Appellant moved the High Court Division under Article 102 of the Constitution read with C..Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....view that additional evidence may be allowed not only to enable the court "to pronounce judgment but also for any other substantial cause," which may include when court consiÂders in the interest of justice "that something remaining obscure should be filled up"(Venkataramiah vs. Seethamma. AIR 1963......6. As such the respondent was no longer a co-sharer in the transferred holding. 5. The appellants in order to prove that the original jama had already been separated the pre-emptor also paid rents accordingly with the knowledge of the mutation case, called for Register II from the local Tahshil O......g the judgement or for any substantial cause. Duplicate rent receipt being found out during pendency of appeal and such receipt containing substantial cause for making decision in the suit shall have to be taken into evidence on appeal as additional evidence. The Appeal is allowed. Case Referred ......ecause as the Indian Supreme Court observed "that something remaining obscure should be filled up.'' 13. In this view of the matter, there is no hesitation in saying that the Courts below erred in law in rejecting the prayer for additional evidence as prayed by the appellants. The appeal itself i..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
.... is the last court 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 AppelÂlate Court below to do justice in the facts and circumstances of the case. Such finding deserves consideration and the opin......e AppelÂlate Court below to do justice in the facts and circumstances of the case. Such finding deserves consideration and the opinion is this findÂing of the Appellate Court below is justified and accordingly it is affirmed. As for the second point, namely, as to the adjustment of the tax which h......2 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the transferee plaintiff can......ted the tin shed where he has started to make furniture. For showÂroom one of the premises is sufficient. There is no evidence of dimension of the suit premises. At the time of argument, the learned lawyers of both sides ascerÂtained from their clients that the premises occupied by defendant Esaru..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. ......s. 50/- per month. The defendant No. 1 paid a sum of Rs. 50/- as rent for one month in advance to the plaintiff in Ashar, 1359 B.S. and thereafter did not pay any further rent to the plaintiff who, accordingly, was forced to file a Money Suit in 1953 for realisation of rent from the defendan......lip;……....Appellant. Vs. Sashi Mohan Saha and others…………….....Respondents Judgment April 8, 1975. Cases Referred to: Bharat Singh vs. Bhagirathi AIR 1966 (SC) 405; Firm Malik Das Raj vs. Firm Peary Lal, A......t be procured, when admitted in evidence under section 32 of the Evidence Act, becomes substantive evidence. Similarly evidence given in a judicial proceeding or before a person authorised by law to take it, when admitted in evidence under section 33 of the Evidence Act, becomes substa..Category: Property Law | Date: | Hits: 37
16111610160916071606160516041603160216011600159915981597159615951594159315921591