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Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......sional statements being the main part of the evidence in the present case we will consider the individual confessional statement independently to see whether the conviction of the appellants can be lawfully sustained on the basis of their individual confession in the present case. 7. Mr. ..Category: Criminal Law | Date: | Hits: 69
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......t is true that delivery of possession is one of the three essentials of a valid gift. (See among others Mulla's Principles of Muhammadan Law, 10th Edition, para 195B). But it is now established law that no transfer of possession is required in the case of a gift by a father to his minor chil..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ......ges being apparently impressed by the said submission, by the impugned judgment and order passed on the same day, i.e. 5 August 1986 sent back the suit for re‑hearing "in accordance with law giving both the parties reasonable opportunity to adduce further fresh evidence and to file ne..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....r, 1985 transferred him from its Head office at Dilkusha Commercial Area, Dhaka‑2 to its Naya Paltan Branch, Dhaka. Respondent No.2 asserted that the transfer was done mala fide in violation of the provisions of section 47B of the IRO. He instituted the aforementioned IRO case and prayed for stay ......rity, Chittagong Vs. Kalipada Dey & ors. 39 DLR 39. It was done again without referring the matter to the Chief Justice for constituting an appropriate Bench for settling the disputed question of law. 6. The uncertainty with regard to the powers of the Labour Court was unfortunately allowed t..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
.... that an appeal even if irregular, incompetent or time‑barred is nonetheless an appeal; and that the order of dismissal of a memorandum of appeal as time‑barred comes within the deeming provision of sub‑section (2) of section 2 of the Code of Civil Procedure, because by such an ......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....ge it will be fatal and the convict cannot be kept in custody for undergoing imprisonment". 7. Before we consider the contentions of the respective parties let us refer to some relevant provisions of the Chief Martial Law Administrator's Proclamation dated 7th April, 1979. By that Pr......on 6(a) of the General Clauses Act, 1897, made applicable to the said Proclamations and the Martial Law Regulations and Martial Law Orders promulgated during the Martial Law period; that under the law the Sessions Judge was to issue the warrant in this case, but the issuance of the warrant by th..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....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. ......vision by the impugned judgment dated 9 August, 1989 made the Rule absolute in the said revision case, condoned the delay and directed the District Judge to proceed with die appeal in accordance with law. 2. Mr. TH Khan learned Advocate for the petitioners, seeking leave to appeal from the impugn..Category: Limitation Law | Date: | Hits: 185
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......for purchasing land from his daughter PW 9 Anwara and Kariman after submission of the final report in the case and that co‑accused Ezahar Ali opposed the marriage of his mother‑in‑law PW 4 Rahela Khatun with the deceased after being divorced by the deceased. Co‑accused Ez..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......iew of an absence of a clear finding that the defendant was prevented by sufficient cause from appearing when the appeal was called on for hearing, the order of restoration of the appeal was bad in law and would promote harassment of the plaintiff‑appellants. 4. Mr. Azizur Rahman Cho..Category: Property Law | Date: | Hits: 50
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....n or creating the lease, then the lease shall stand terminated on the expiry of this period. Another way of determination of a lease is by serving a notice to quit upon the lessee by the lessor. This provision comes into play when no definite period has been fixed in the contract creating the lease.......ight of enjoyment of the property, under this section, is for a "certain time" or" in perpetuity". 7. Section 106 TP Act speaks of duration of certain leases "in the absence of contract, or local law or usage to the contrary"; it also provides for termination of certain leases by notice, again, ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....s of Keamuddin Sardar. It is alleged that there was a proceeding before the Revenue Officer, Barisal who directed acquisition of Schedule 'Kha' properties which were found to be in excess under the provisions of the East Bengal State Acquisition and Tenancy Act 1950, The Revenue Officer treated &......ns of the Wakif. 2. The Province of East Pakistan (now Bangladesh) contested the suit asserting that the impugned order of the Revenue Officer under section 20 of the Act is well founded in law and binding upon the Wakf Estate and the plaintiffs. The Revenue Officer on taking accounts fro..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....Statutes against disciplinary actions taken against them 4. Mr. T.H. Khan learned Counsel for the appellant submitted that the Cooperative Societies Act, 1940 is a complete Cede by it self and the provisions of the Act and the Rules made thereunder go to show that it is a special Act meant for C...... "133. (1) Save as provided in this Act, no Civil or Revenue Court shall have any jurisdiction in respect of— (a) the registration of a co-operative Society or its by laws or of an amendment of its by-laws; or (b) the dissolution of a managing comm..Category: Labour and Industrial Law | Date: | Hits: 144
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......after he left the court unceremoniously without arguing the case for the petitioner. It has been seen that he is in the habit of doing so and he did so in the past too. This conduct of the learned lawyer is highly objectionable." 2. Before entering into the merit of the appeal it is ..Category: Others | Date: | Hits: 157
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. ......." 7. Press Notes show that an order under section 144 Cr. P. C. was in force in the city and a procession of many thousand students was brought out in violation of the order. The law and order was extremely disturbed and they committed various acts of violence and thereby creat..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ged and found proved. Similar view has been taken in the other case too. 9. For a fuller consideration of the powers of the Appellate Court in disposing of appeals the relevant provisions prescribed by section 423 of the Code of Criminal Procedure need be considered. They rea...... as stated thereunder was to forcibly demolish and remove materials of an incomplete hut of the complainant Jainullah. In the charge under section 302/149 it was alleged that, two members of the unlawful assembly, namely, the appellant Tozammel and another named Ilias in prosecution of the commo..Category: Criminal Law | Date: | Hits: 57
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......er, with the reduction of sentence discharged the rule. 4. Only appellant Sirajuddin has obtained leave, the other accused did not approach the Supreme Court. In this appeal the question of law involved is that when an accused is charged with two offences, under sections 457 and 380 P.C. ..Category: Criminal Law | Date: | Hits: 74
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....Court that his absence was neither wilful nor negligent and that he was prevented by certain circumstances from being present in Court, for which he cannot be held to be responsible. 5. The provisions of Order IX of the Code of Civil Procedure have been enacted to give effect to the afore...... The learned Judges, however, appear to have rested their decision entirely on a different foundation. They have sought to maintain the order by way of enforcement of a kind of discipline among the lawyers in general without trying to ascertain the actual cause of the learned Advocate's failure t..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....1967 was not accompanied by a certified copy of the formal decree which was subsequently drawn up and signed on 6. 6. 67, the appeal was incompetent for contravening the mandatory provision of the Code in regard to the filing of a certified copy of the decree along with a certif......the plaintiffs obtained licence to remain on the land and raised structure thereon with the permission of Defendant No. 1 and that the subsequent cancellation of the said permission was without any lawful authority. The learned Judge has taken the view that as the prayer (a) of the plaint h..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....arged by the assessee for the relevant and the absence of a stock register was wholly. 14. In order to appreciate the respective contentions of the parties we shall have to examine the relevant provision of section 13 of the Income-Tax Act, under which the Revenue Authorities purported to ac......tter, the computation of income as done by the Income-tax Officer was modified by directing that the profit rate of 40% should be accepted in respect of the said years. 9. A certain question of law said to have arisen from the said order was, thereafter referred by the Tribunal to the Dacca ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....n earned by it having been fixed on the bias of the sale of the goods manufactured and sold in India, cannot be said to have any business connection in Pakistan within the meaning of the aforesaid provision of the Income-tax Act. According to the learned Counsel, the only properties be......y;able to the Company and for the claims and demands of the Company and (subject to the provision of the Act) may exercise such of the powers of the Directors as may from time to time be lawfully delegated to them other than a power to issue Debentures." 16. From the previ..Category: Fiscal/Taxation Law | Date: | Hits: 114
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