Search Options
Judgment Advanced Search
Displaying 6341-6360 of 7208 results.
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....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. ......before the erstwhile High Court of East Pakistan 3 hr said application came up for hearing; month of June, 1973 before a Bench High Court Division which, passed an order declaring the notification in question as being without any lawful authority and to be of no legal effect. Against the aforesaid o......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..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....ur attention to the relevant Articles of Halisbury’s Laws of England, section 491 of the Criminal Procedure Code, Article 98 of the Constitution of 1962 of Pakistan which is identical in terms with Article 102 of the Constitution and con-tended that when a person is shown ...... filed an affidavit-in-opposition, denying the material allegations Contained in the writ petition and stating the grounds of detention. 2. Leave prayed for was granted to consider the question whether in an application filed under Article 102 (2)(b) of the Constitution the High Cour......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......e land under section 146 of the Code of Criminal Procedure. Thereafter the Tahsildar of Haturia submitted a report on 1.4.61 to the Sub-Divisional Manager, Madaripur to the effect that the land in question had been settled with and salami received from the present appellants, who were also said ......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..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......investigated the case against the petitioner, was not raised either before the trial Court or before the High Court and since this contention, as formulated. By Mr. Abdul Hamid, touches upon a question of fact, namely, whether the Investigating Officer had obtained permission from a Magistra......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..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......er of commitment quashed 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 ......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." ..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....mmon intention of the accused persons was also said to be the causing of the death of Shamsul Huq. The criminal act which constitutes the basis of the charge under section 148 of the Penal Code is identical with that of the charge under section 302/34 of the Penal Code. In other words, the ...... contradicted not the point by the Investigating Officer. The learned Judges also held that there was no convincing evidence that any other accused caused any injury on Shamsul Huq. 13. The question that now arises is whether on the finding arrived at by the learned Judges themselves......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..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......l Tribunals) Order, 1972 (hereinafter referred to as (P.O. 8) and Bangladesh Scheduled Offence (Special Tribunals) Order, 1972 (hereinafter referred to as ("P.O. 50''). For a proper appreciation of question involved in these appeals, it is necessary to refer, at the outset, to the provisions of Ar......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 Collaborators 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..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......the surviving candidate elected uncontested inasmuch as Rule 20A clearly indicated a legislative intent of a poll to be held upon the death of a contesting candidate before the poll and since the question of a poll could not arise in a case where only one candidate was left in the field, fresh ......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
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. ......raj and Fazila and their statements to the police. The defence Advocate cross-examined them but they were not confronted with their statements to police. The Investigating Office was not even questioned as to whether he recorded the statements of witnesses he examined. P. W. Siraj and ......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. ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......titution of a suit for pre-emption is to be counted from the date of dispossession in 1962, and the suit was filed well within time. 3. Leave was granted to examine the following questions raised by the appellants viz:— 1) Whether the learned Judge was justi......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' ..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. ......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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 101
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......he holding by the under-raiyat whereupon the landlords, namely, the plaintiffs, got right of re-entry upon the land and to evict the transferee-defendants as mere trespassers. As to the question whether the plaintiffs, on purchase of the karsha, annulled the Kol-karsha as encumbrance,......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..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. ......hey are entitled to the remaining one third share of their mother as reversioner after her death. 3. Defendant No. 2 contested the suit by filing a written statement in which he questioned the maintainability of the suit taking the ground that the suit was not maintainabl......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. ..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......imself gave up the story of illicit connection in his statement on oath. Further report of the O. C. shows that the complainant completely disowned this aspect of his complaint by saying that this question does not arise and why the Muktear had mentioned this allegation was beyond his knowledge.......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..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... 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. ...... 247 of 1973 was allowed by the Trial Court on September 30, 1974. The respondents preferred First Miscellaneous Appeal No. 15 of 1975 in the High Court Division which considered the following questions, namely, 1. Whether, in view of the provision of section 85 of the Non-Agri......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..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....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. ......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. ......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..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......ion under section 115 of the Code of Civil Procedure and the order of the Subordinate Judge was affirmed. 3. Leave was granted to examine the contention of the appellants that the question as to whether the suit as framed is maintainable in view of section 133 of the Act; a......ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......nt No. 1 on setting aside the order of the Munsif, Manikgang, Dacca, dismissing the pre-emption case under Section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The question involved in these appeals is whether the order of the Circle Officer (Revenue) separating ......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..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. ...... If the subdivision of the jama is done in accordance with law, the preemptor is not a co-sharer. Whether interest of the tenant subsisted after split of the jama in the jamindari sheresta is a question of fact and the onus is upon him who asserts it……….(9, 11) Non-c......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. ..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....ntee. 8. Danaldson, J. rejected the prayer for injunction. On appeal by the sellers, the Court of Appeal held: (1) "the bank was, in principle, in a position not identical with but very similar to position of a bank which had opened a confirmed irrevocable let......ntiff has no cause of action and suit is not maintainable. The learned Single Judge took the view that the object of the suit will be frustrated while granting injunctions. This is begging the question that is the object of the suit. The learned Single Judge took the view that injunctio...... 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..Category: Banking Law | Date: | Hits: 130
15831582158115801579157815771576157515741573157215711570156915671566156515641563