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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. ......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. ......e High Court Division, Dhaka in Civil Revision No. 977 of 1988) Judgment: ATM Afzal J: There was a delay of 2 months 13 days in filing Title Appeal no. 127 of 1988 in the Court of the District Judge, Dhaka by the Defendant respondents (the Government and its officers) against a decree dated 2..Category: Limitation Law | Date: | Hits: 185
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ......e to appeal from the said judgment. 2. The consideration which weighed with the High Court Division in allowing the appeal is that the suit was transferred from the 4th Court of Subordinate Judge, Dhaka to the 2nd Court of Subordinate Judge, Dhaka in implementation of a gazette Notificati..Category: Procedural Law | Date: | Hits: 99
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. ......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. ......sore Bench passed in Criminal Appeal No. 1 of 1984 and Jail Appeal No. 2 of 1984 affirming the order of conviction under sections 302/34 and 120B of the Penal Code passed by the Additional Sessions Judge, Court No. II, Jessore in Sessions Case No. 887 of 1982, by altering the sentence of death to..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. ......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. ......ch in the Civil Revision No. 11 of 1984). Judgment Mustafa Kamal J: This appeal following leave by the plaintiff‑appellants is from the revisional judgment of a learned Single Judge of the High Court Division, Chittagong Bench, discharging the Rule in affirmation of the..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. ......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. ......rst Information Report and also in the statements of the witnesses recorded under section 161 of the Code of Criminal Procedure that the appellants committed the murder of Nurul Islam, the learned Judges correctly exercised their judicial discretion in refusing bail of the appellants. 4. ..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. ......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. ......fructuous. Their contention was upheld by the learned Munsif who further held that for ejectment of the appellants a fresh suit was to be filed. But in revision, CR No.131 of 1985, the learned Single Judge of the High Court Division, held that the decree passed against the original tenant during his..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......lli of the Wakf Estate and 3.31 acres of land as homestead. The rest 18.18 acres is considered "excess" under the Act and had been directed to be acquired. The learned Subordinate Judge, found the decision of the Revenue Officer valid and the plaintiffs had no cause of action an..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....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. ......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. ...... From the above section it appears that no Civil or Revenue Court shall have any jurisdiction in respect of any dispute as required under section 86 of the Co-operative Societies Act. The learned Judges of the High Court Division relying on the case of M/S Co-operative Milk Societies Union Ltd...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. ......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. ...... Md. Amirul Islam........... Appellant Vs. The Hon'ble Judges of the High Court Division (Sc) of Bangladesh and Govt. of Bangladesh …… &hell..Category: Others | Date: | Hits: 157
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ial duty will be protected by the said section without reference to the circumstances attending the occasion. 2. The Appellant F. M. Rashiduzzaman filed a complaint before the Sub-Divisional Magistrate (S) Dacca against the respondent Mr. Bahauddin Ahmed, Deputy Superintendent ......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. ......ion from the Government for starting prosecution, the Sub-Divisional Magistrate dismissed the case under section 203, Cr. P. C on 28. 4. 1969. Against the said order of the Magistrate the Sessions Judge was moved under Section-435 read with Section 436, Cr.P.C. The Additional Sessions Judge, 3rd..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......l leave is against a judgment of a Division Bench of the High Court of Bangladesh. 2. The appellant Tozammel Hossain along with 17 others was placed on trial before the Additional Sessions Judge, 1st Court, Sylhet in connection with an occurrence involving two deaths by gun shot injuries..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
.... by it against Captain M. M. Haque, Chairman, Naranyanganj Municipality, Md. Khurshed Alam Khan, Secretary, Naranyanganj Municipality and Nurul Islam Sikdar, Head Assistant Basic Democracy Section, Divisional Commissioner's Office, Dacca directing them to show cause as to why proceedings for conte......m Khan guilty for abetting the offence of contempt of court and sentenced him to pay a fine of Tk. 200/- in default to suffer simple imprisonment for 5 days making the Rule partially absolute. 5. Special leave to appeal was obtained to consider the following questions: "(i) whether the appel......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
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. ......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. ......ence under section 380 P.C. but field them guilty under section 457 P.C. and sentenced them to different periods, because of previous conviction of the co-accused. On appeal the Additional Sessions Judge, Mymensingh upheld the order of conviction and sentence under section 457 P.C. 3. The..Category: Criminal Law | Date: | Hits: 74
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....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. ......that seems to have been misunderstood. We are not satisfied with the reasons stated in the petition. The application for restoration is accordingly rejected." Special leave was granted by the Pakistan Supreme Court to appeal against the aforesaid order to c......oner's Advocate having come to learn that his case had been taken up for hearing rushed to the Court for representing his case but that when he reached the Court room he found that the learned Judges had already discharged the rule for default. No statement appears to have been made on behal..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... 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. ...... 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. ...... D. C. Bhattacharya, J.—This appeal by special leave is at the instance of" Dacca Improvement Trust (hereinafter referred to as (DIT) against a judgment and order of a Single Judge of the Dacca High Court reversing a concurrent order of rejection of the plaint, filed in a s..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....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.......x Act and that there was no sound basis whatsoever for fixing 40% as the rate of profit for the 3 years in question. The question referred was thus answered in the negative by the High Court. 11. Special Lease was granted by the Supreme Court of Pakistan to consider whether the High Court correc......r the High Court correctly interpreted the provision of section 13 of the Income-tax Act. 12. Mr. A. W. Chowdhury, learned Counsel appearing for the appellant, has submitted that the learned Judges of the High Court erred in failing to interpret correctly the provision of section 13 of t..Category: Fiscal/Taxation Law | Date: | Hits: 164
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......der section 379 of the Penal Code, convicted them thereunder and sentenced them to pay a fine of Tk. 60/- each in default to rigorous imprisonment for 20 days, each. The learned Sessions Judge by his judgment and dated 18.12. 70 dismissed accused-petitioner's appeal being Criminal Appe..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....on the action in light of the above order 5. He is further requested to submit regular weekly reports to this Ministry on the prescribed proforma. 2. The Commissioner, Dacca Division and Chairman, Divisional Management Board, Dacca. 3. M/S. A. T. J. Industries, 158, Tejgaon Industrial Area, D......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. ...... Ahsanuddin Choudhury J Kemaluddin Hussain J Debesh Chandra Bhattacharya J Government of Bangladesh......Appellant. Vs. Messrs A. T. J. Industries Ltd. and others…….Respondents Judgement March 15, 1976. Result: The appeal is dismissed. Lawyers Involved: Faqeer ..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....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. ......entioned in item No. (2) in the Notification dated 1-9-67, which were granted exemption from excise duty, referred to seeks and stockings and not to "hoses' for covering rayon yarn. 3. Special leave to appeal was granted by the Supreme Court of Pakistan to consider whether on a true ......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)
....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. ......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. ...... Judgment: Ahsanuddin Chowdhury J.—This appeal by special leave is from a judgment passed by a Division Bench of the Dacca High Court affirming an order of the Subordinate Judge, 3rd Court, Dacca in Miscellaneous Case No. 50 of 1967. 2. The appeal arises in the ..Category: Property Law | Date: | Hits: 77
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