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Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....tored that of the trial court. 3. Mr Rahim, learned Counsel of the petitioner contends that the learned judge of the High Court was not within his jurisdiction to disturb the finding of facts of the Court of appeal below, but it appears that the learned Judge has found that the findi......e Court Appellate Division (Civil) Present: Syed A.B M. Husain CJ Kemaluddin Hussain J D. C. Bhattacharya J Fazle Munim J Fakhruddin Mia and other.........................Petitioners. Vs. Mohammad Khodabaksh Sheikh... &he......la was registered on 38-1-67, and the application for pre-emption was made on 15-4-68, and the respondent claimed, that he got knowledge of the sale on 15-3-68. The trial court on consideration of evidence believed the case of the respondent, and allowed the application for pre-emption. On ..Category: Property Law | Date: | Hits: 44
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ...... Ed. ......the work of first contract the petitioner allotted another work to the same Contractor for manufacture of 10 lac bricks without calling for any tender whatsoever. 3 The trial court found on evidence that the control of the sale of tender forms acceptance of the tender at 9.25% above ..Category: Criminal Law | Date: | Hits: 69
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....hom the appellant had great enmity. The trial ended in conviction and sentence of the appellant and his appeal to the High Court Division also failed. Leave was granted to consider whether in the facts and circumstances of the case appelÂlant and the Pakistan Army acted in furtherance of common......se is also Reported in: 29 DLR (SC) 246. ......he was killed on the following Tuesday at about 4 P.M. i.e., on the 3rd day after Saimuddin had been taken by the Pakistan Army. He sought to point out that there was neither any allegaÂtion nor any evidence of a concerted prearranÂged plan between the appellant and the PakisÂtan Army to commit t..Category: Criminal Law | Date: | Hits: 63
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....ased to be a public servant, so that any offence committed by him in his deputationary capacity is immune from requirement of sanction under section 197 of Code of Criminal Procedure. 2. The facts giving rise to the question of law are that, consequent on certain allegations made against ...... Ed. ...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate TribuÂnal and another, 1977, 6 CLC (AD)
.... solitary evidence of a witness, of course the veracity of the witness is not tainted in any manner…………(6) The High Court Division has rightly declined to interfere with the finding of the facts on extraordinary writ jurisdiction. In doing so the High Court Division did not commit any ill...... Case is also Reported in: 29 DLR (SC) 211. ............................ Respondent. Judgment April 29, 1977. Result: The appeal is dismissed. The Evidence Act (Act I of 1872), Section 134. Conviction can be based on the solitary evidence of a witness, of course the veracity of the witness is not tainted in any manner………â€..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....t aside the sale on the ground of a material irregularity or fraud in publishing or conducting it: Provided that no sale shall be set asiÂde on the ground of irregularity or fraud unless upon the facts proved the court is satisfied that the applicant has sustained substantial injury by reasons o......s. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ...... is a kind of summary proceeding in which the question as to fraud or regularity in respect of the processes of the said Court are determined on the basis of the records of the execution case and the evidence that may be produced relating to the processes herein. The right to institute such a procee..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....on of the property to the Respondent-Company. The subject matter is a plot of land No. 158/A-B Tejgaon Industrial Area and a rubber factory with building and machinery thereon. The facts leading to the present leave petition may be set out. 2. The Respondent M/S. A.T.J. I......d. Ed. ......tition. 7. The reasonings of the High Court on the question whether the respondent company, was an unauthorised occupant have been set out above. The reasonings are based on sufficient evidence. From evidence on record it is manifest that the original lessee which was..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....g with the order of the learned Subordinate Judge on the view that the learned Subordinate Judge was correct in applying the principle laid down in Supreme Court decision, referred to above, to the facts of the instant case and in setting aside the earlier order issuing direct commission on the b......nbsp; Lawyers Involved: Faqeer Abdul Mannan, Advocate with M.B. Rahman Advocate, instructed by S.M. Huq, Advocate on Record—For the Appellants. Khandkar Mahbubuddin Ahmed with S.A. Latif, Advocate—For the Respondents. K.A, Bakar, ......en referred to in the judgment of the Supreme Court in the case of the Hanover Fire Insurance Company, that the Courts in Pakistan had no power to send their officers to a foreign country to taken evidence except under reciprocal arrangement between the countries recognising such a proceeding. ..Category: Civil Law | Date: | Hits: 108
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed ChowÂdhury and others, 1977, 6 CLC (AD)
....troyed. 10. Learned Counsel has contended that it is the decision of the Dacca High Court, rather than the decision of the Pakistan SupÂreme Court referred to above, which is, appliÂcable to the facts of the case and that the subject matter of the tenancy, in view of the said decision must be d...... this petition which is dismissed. Ed. ......ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....e Allahabad High Court in the case of Bhola Umar vs. Mst. Kausilla. A.I.R. 1933 All 617 that even if remarriage of Jagadaya was proved the provision of the Act XV of 1856 had no application to the facts of the case, as there was evidence to show that there was a custom of remarriage among the Ma......J D. C. Bhattacharya J Fazle Munim J Nurun Nabi Mondal and others………………………..Appellants ......se of Bhola Umar vs. Mst. Kausilla. A.I.R. 1933 All 617 that even if remarriage of Jagadaya was proved the provision of the Act XV of 1856 had no application to the facts of the case, as there was evidence to show that there was a custom of remarriage among the Mallas. The trial Court, however, ..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....nt and Order dated 10th June,1975 passed by the High Court Division in writ petition Nos.26,27 and 34 of 1975). Judgment Kemaluddin Hossain J.- These three appeals are heard together as both facts and law are the same. The consideration is the vires of a Notification dated 19th December, 19......e matter, we make no order as to costs. Ed. ......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....ction of the appellant as Chairman of the Union Parishad void at the instance of Respondent No. 1, who was a contestant for the office of the Vice-Chairman of the said Parishad. 2. The facts relevant for the purpose of this appeal may be stated in brief as follows: On 29.3 74...... Supreme Court Appellate Division (Civil) Present: Syed A. B. Mahmud Hussain CJ Abul Hayat Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Abul Haya......pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ..Category: Others | Date: | Hits: 141
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ...... Ahsan-uddin Choudhury J Kemaluddin Hossain J Fazle Munim J Bangladesh.....................................................Appellant. Vs. Abdul Khaleque and ors.................................. Respondents. (In C. A. Nos. 1 and 2 of 1975). ......two questions: the question of compensation, and the rule governing the assessment of the average value of the lands in the vicinity of the acquired lands. 5. The Arbitrator considering the evidence was of the view, that it would be unsafe to assess compensation on the basis of the kabala..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....rder of detention passed by the sub-Divisional Magistrate under clause (3) of Article 13 of P. O. 50 was a judicial order passed by a court or it was an administrative order and whether in the facts and circumstances of that case the order passed by the High Court Division quashing the ......t 26, 1976. Cases Referred to — Solicitor vs. A.T. Mridha, 26 DLR (SC) 173 (dissented from by the present Supreme Court judgment): Tozammel Hossain vs. State, (1975) 27 DLR 36 and A.T. Mashood vs. State, (1975) 27 DLR 93 (stand over-ruled) Shaymal Chandra vs. State, Cr.M.C. ......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ..Category: Criminal Law | Date: | Hits: 113
Bangladesh Small Industries CorporaÂtion, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e Minister and it was held in the said case that the breach of clause 16 of the terms contained in the said Memorandum was nothing more than a breach of a contract between a master and a servant. The facts were that consequent on the estabÂlishment of the National Health Service on July 5, 1948, Ma...... Case is also Reported in: 29 DLR (SC) 41. ......houdhury was not comÂpetent enough to issue direct instruction by passing J. D. Y. (F&A). In other cases his noting in the applications appears to be uncalled for. In none of the above cases any evidence of corruption could be established. 2. The second show cause notice was served upon the..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rt, and this discretion is to be exercised reasonably and fairly. The reasonable compensation for a tree will therefore be its market value at the relevant time, and that will depend upon the facts and circumstances of each case. The rule of twenty years capitalisation of the profit is arbi...... Ahsanuddin Chowdhury J Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. Cases Re......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......Ahsanuddin Chowdhury J Fazle Munim J Fazle Munim J Abul Layes.......................................... Appellant Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed and others. ………..Respondents Judgment August 18, 1976 Lawyers Involved: Abdul Mal......the title and interest of the appellant in the suit premises the tenant had no business to deposit the rent with the Rent Controller. Moreover, it has been pointed out by the learned Counsel from the evidence of the tenant that he had deposited the rent without tendering the rent personally or remit..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... sought to prove that the reason for the abduction of the woman Abeda Khatun was that she might be murdered, by proving that, in fact, she was murdered in consequence of the abduction. The facts on which the prosecution relied to establish the charge under section 364 were sufficient, i......ppeal is, accordingly, disposed of. Ed. ......nt Abdul Khair. The Tribunal did not, therefore, consider it safe to rely on the testimony of a solitary eye-witness for convicting the appellants under section 302/34 of the Penal Code but on the evidence of P. Ws. 1, 10, 12, 13, and 14 the Tribunal came to the finding that the two appellants a..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
.... the condemned prisoner on the front glass of the bus, the same breaking the glass hit the driver of the bus and ultimately caused death of the driver. In the background of the facts stated herein above, in our view, even though the imprudent, exasperated and agitated as well......onj in Sessions Case No.13 of 1991 upon convicting him under section 302 of the Penal Code has been affirmed by the High Court Division upon accepting the Death Reference No.10 of 1993 by the judge and order dated March 14, 1999. 2. Incident in which the condemned prisoner c......through “the right side the throat” and thereupon hit PW 2 who was standing immediately behind the driver Siddique Bhuiyan @ Raja Mia. This part of the case has been established by the evidence of competent and reliablle witnesses. 14. The High Court Division has..Category: Criminal Law | Date: | Hits: 74
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ...... Md. Faziul Kanm J Nibir Chandra Chowdhury and others..................... Appellants Vs. ...... Judgment August 8 2001. The Penal Code, 1860 (XLV of 1860), Section 304 When there is no evidence from the prosecution side that the accused had the knowledge of the frail condition of th..Category: Criminal Law | Date: | Hits: 59
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