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Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
.... also submitted that, whereas the High Court Division was required in revision to consider only error of law, if any, committed by the District Judge, it exceeded its jurisdiction in entertaining new facts explaining the delay by way of admitting supplementary affidavit by the defendants. He also ma...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Ali & others…………………………………………..Plaintiff‑Petitioners. Vs. Circle Officer, (Revenue) Dhaka and others ..........…Defendants‑Respondents Judgment October 30, 1991 Lawyers Invol......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ..Category: Limitation Law | Date: | Hits: 185
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....to the Investigating Officer with regard to the participation of the appellants in the commission of the murder of her husband are very material and non‑mentioning of these vital and material facts to the Investigating Officer amounts to contradiction and the learned Judges of the High Cou......Ed. ......W 5 Rahela Khatun, testified to have recognised the appellants while assaulting their husband in the verandah on the night of occurrence. The learned Judges of the High Court Division believed the evidence of these two eye‑witnesses and held that the confessional statement of the co‑..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....ment of the plaintiff‑appellants. 4. Mr. Azizur Rahman Chowdhury, learned Counsel for the plaintiff‑appellants, submits that the conduct of the respondents, as revealed from the facts above, is self‑explanatory. The suit was decreed ex parte on 11.8.75 and the series of...... Ed. ......reasons for non‑appearance of the defendants and found them to be sufficient, if not by express words, but by necessary implication. Since the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed w..Category: Property Law | Date: | Hits: 50
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ...... Ed. ......1 of the Code of Criminal Procedure but in the said statements none of the witnesses stated anything implicating any of the appellants with the murder of Nurul Islam and there being no prima facie evidence involving the appellants they are entitled to bail and refusal of their bail amounts to n..Category: Criminal Law | Date: | Hits: 60
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......1. ......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....38 of l972). Judgment: Kemaluddin Hossain, J.—This appeal raises a complex question of interpretation of Section 20(5)(c)(ii) of the State Acquisition and Tenancy Act 1950. The facts are that the plaintiff-respondents instituted a title suit for declaration of title and for k......................Appellant. Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 1976. Cases Referred to: Golam Ho...... decisions of the courts below and send the case back on remand to the Trial Court to dispose of the suit in the light of the observations made above. He will be at liberty to take such additional evidence as may be required for the disposal of the suit over and above the evidence already on rec..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....he petitioner with all back wages and benefits attached to the same. The High Court Division discharged the Rule issued earlier thus upholding the order passed by the Labour Court. 2. Short facts for disposal of the case are that the appellant is a Co-operative Society registered under Co...... The Chairman, Labour Court, Chittagong & anr. ...Respondents Judgment May 5, 1976. Case Referred to: M/S Co-operative Milk Societies Union Ltd. Vs. State of West Bengal and others, 62 C.W.N. 405. Lawyers Involved: T. H. Khan, Senior Advocate with Mahbubu......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 144
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ...... Ahsanuddin Choudhury, J. Kemaluddin Hossain. J. D.C. Bhattacharya. J. FM Rashiduzzaman……….Appellant Vs. Bahauddin Ahmed and another…….Respondents Judgment May 3, 1976. Cases referred to: ......e the following points:— (1) Whether an accused public servant falling in the category mentioned in section 197, Cr. P. C. is entitled to protection under the section before any evidence whatsoever is let in, suggesting that the said public servant was engaged in the discha..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....uch assemblies are designated as unlawful assemblies. Section 141 defines an unlawful assembly. Section 142 says that a person is considered to be a member of an unlawful assembly if being aware of facts which-render any assembly an unlawful assembly he intentionally joins that assembly and cont......olved: S.R, Pal, Senior Advocate, Supreme Court, instructed by Mohd. A. Aziz, Advocate-on- Record.—For the appellant. A.T.M. Afzal, Deputy Attorney-General, instructed by B.C. Panday, Advocate-on-Record— For the Respondent. Criminal appeal No. 3 of 1975. (From......e convicted the other two accused under section 147 and sentenced each of them to rigorous imprisonment for one year thereunder. 4. On appeal, the High Court noticed that there was no direct evidence that appellant Tozammel fired at the two persons, causing fatal injuries, so the High Cour..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
.... words were repeated by Haji Jalaluddin Ahmed. The High Court has clearly held that the above allegations were proved on evidence adduced by the complainant-respondent Mainuddin Ahmed. In view of the facts, circumstances and evidence on record we have no reason to hold otherwise. Now the question is...... Choudhury J Fazle Munim J M.A. Zaher………...Appellant And Haji Jalal Ahmed …….... Appellant And Md. Khurshed Alam Khan………….Appellant Vs. Mainuddin Ahmed and another……..Respondent Judgment April 27, 1976. Result: The appeal is dismissed......ed certain derogatory words which amounted to gross contempt of court and those words were repeated by Haji Jalaluddin Ahmed. The High Court has clearly held that the above allegations were proved on evidence adduced by the complainant-respondent Mainuddin Ahmed. In view of the facts, circumstances ..Category: Civil Law | Date: | Hits: 142
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....n of theft is not a prerequisite for the commission of the offence under this section. He may or may not commit actual theft. He may fail in his attempt. He may in fact commit theft. The subsequent facts, though may be relevant to ascertain the intention of the accused at the time of...... the Appellant. M.A. Rouf, Senior Advocate, instructed by A.W. Mallick, Advocate-on-Record—For the Respondent. Criminal Appeal No. 23 of 1974. (From judgment and order dated the 9th February, 1970 passed by the High Court, in Criminal Revision No. 149 of 19......cted in broken condition on the next morning. The defence was that the co-accused Saheb Ali had started a case against the informant for damage of crops and hence the false implication. On hearing evidence, the Magistrate acquitted the accused of the offence under section 380 P.C. but field them ..Category: Criminal Law | Date: | Hits: 74
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....toration is accordingly rejected." Special leave was granted by the Pakistan Supreme Court to appeal against the aforesaid order to consider: "Whether, having regard to all the facts and circumstances of the case, the learned Judges exercised their discretion in a judicial a......as to costs in this appeal. Ed. ......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....the form of a formal decree as required by Order 41, Rule 1 C. P. Code, the said appeal as well as the second appeal before the High Court were competent. (iii) Whether in view of the facts of the case the suit was barred under section 14' of the East Bengal Building Construction A...... Ahsanuddin Choudhury, J. D. C. Bhattacharya, J. Fazle Munim, J. Dacca Improvement Trust…………….Appellant. Vs. Waliullah and others……………....Respondents Judgment January ...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....ave is against a judgment of a Division bench of the Dacca High Court on a reference order section 66(1) of the Income-Tax Act holding that the Income-Tax Appellate Tribunal was not justified, in the facts and circumstances of the case, in upholding the rejection of the accounts of the assessee and ...... Case is also Reported in: 28 DLR (AD) 141.......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141...Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....the orders of the Appellate Assistant Commissioner referred the following questions for the opinion of the Dacca High Court under section 66(1) of the Income-Tax Act: (i) Whether on the facts and in the circumstances of the case income could be deemed to have accrued or arisen t....... 14, 1976. Cases Referred to: Messers Octavius Steel Company Ltd. Vs. The Commissioner of Income-tax, Dacca reported in 12 DLR (SC) 121 same case in PLD 1960 SC 371; Octavious Steel and Company Ltd. Vs. The Commissioner of Income-tax, Dacca, 12 DLR (SC) 121 same case PLD 160 SC 3......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....of law decided in the case admits of any further consideration, if not, then there arises no question of review of the decision already made. There is no scope to enter into fresh consideration of facts. In the instant case, the learned Magistrate and the learned first appellate court concurrent...... Present: Ahsanuddin Choudhury, J. D. C. Bhattacharya, J. Fazle Munim, J. Abul Hossain & ors………...Petitioners. Vs. The State and anr………...Respondents. Judgment April 6, 1976. Lawyer......f the same in assertion of their title thereto. The learned counsel has not disputed this proposition of law. He has however, submitted that in the instant case the trial court considered the evidence in a perverse manner which resulted in an erroneous decision and that the decisi..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....tation of Articles 4 and 8 of President's Order No. 16 of 1972 (The Bangladesh Abandoned Property Control, Management and Disposal) Order, 1972, hereinafter referred to as the Order) on the following facts stated by the respondent No. 1 M/s. A. T. J. Industries Ltd. (hereinafter referred to as the C......d. This Case is also Reported in: 28 DLR (AD) 120. ......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....rmining factor according to the specific terms of the Notification, and not the use to which the woven fabrics may be put nor the purpose for which they may be produced. As it appears from the facts of the case, the rayon fabrics as produced by the appellant company are woven on circular kni...... to costs in this appeal. Ed. ......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....to have been one under Order XXI, rule 97 of the Code had been properly disposed of according to law. In order to find out the correct answer to the said question we shall have to examine the facts of the case in the light of the relevant provision of the Code applicable to the instant case......Supreme Court Appellate Division (Civil) Present: AM Sayem CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun Ne......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....d premises by adverse possession and that in consequence of such a stand taken by the defendant, the plaintiff gave up the House Rent Case and sued the defendant as a trespasser. From the aforesaid facts and circumstances, the learned Additional District Judge came to the finding that the defend...... Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......ion had ripened into valid title in his favour after the expiry of the statutory period of 12 years. 4. After hearing, the learned Subordinate Judge came to the finding, on a consideration of the evidence that Md. Asim acquired valid title to the disputed property on the basis of the dead of exc..Category: Tenancy Law | Date: | Hits: 68
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