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State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......d be brought on record. In the light of the evidence already on record and the additional evidence to be brought on record, the question of insanity should be finally determined by the Court. In this view of the matter, we think that in the interest of justice the case should go back to the trial Co..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....onged to the husband of Kula Kamini or that she held a widow's estate. 6. The next contention of Mr. Rouf is that the learned Subordinate Judge has reversed the finding of the learned Munsif on an erroneous view of law that the TS No 79 of 1949 for redemption was barred by limitation. The reason ...... tested the statement made by the plaintiff whether it has any legal validity or not. If the plaintiff’s statement is that he received legal advice from his lawyer and it is found to be the correct view on the question of law, the failure of production or non-production of the lawyer who gave the ..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....ng for the accused appellants, has argued that the conviction of the accused appellants for abetment of the substantive offence without any formal charge under sections 302/109 PPC against them is erroneous in law inasmuch as they were called upon to answer the charge for substantive offence of ......idence supports the prosecution case that death of Jahiruddin was caused by administering endrine poison to him. The same evidence is against the defence story that Jahiruddin died of diarrhoea. In view of the medical evidence the learned judge believed the prosecution case and disbelieved the d..Category: Criminal Law | Date: | Hits: 76
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......ore us by one of its Shebaits and we are of the opinion, in the facts of the present case, that the property No. 3, Harish Chandra Bose Street could not be treated to be an enemy property. In that view of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed t..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ...... and the defendants interest was that of an occupancy raiyat and the plaintiff had no right to khas possession in the lands in suit and that the suit was not maintainable in view of acquisition of the rent receiving interest. The plaintiff respondent also filed a cross ap..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......that this child witness was tested by the Court to determine whether he was capable of giving rational answers to questions and whether he was capable of distinguishing the right from the wrong. In view of the absence of such note, either in the deposition sheet or in the order sheet, Mr. AW Mal..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....settlement from the Wakf Estate in 1947 and accordingly, there was no necessity of praying for further relief in this matter. All that the plaintiffs wanted was to remove the cloud created due to the erroneous entry in the record of rights and refusal by the Government to accept rent from them. In v......fish in the tank and for planting these on the bank. These purposes cannot be held to be agricultural purposes and, as such, the document is entirely for purposes other than agricultural purposes. In view of the provision of section 107 of the Transfer of Property Act which requires a case to be exe..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....hat this could not have furnished the High Court with the jurisdiction to interfere with the impugned orders under Article 98 of the Constitution is, in our view, clearly untenable, for, if by an erroneous view of the law or an erroneous assumption of facts upon which the jurisdiction of the...... informed by a letter being Memo No. 10283 dated 22.12.65 that the respondent No. 2 refused to register the document by his order dated 8.12.1965 under section 76(1) (a) of the Registration Act in view of the operation of the provisions of East Pakistan Disturbed Persons (Rehabilitation) Ordinan..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ......roper officer oil behalf of the Authority. The contention of the learned Advocate for the petitioner that the Deputy Director of Ports and Traffic had no delegated authority from IWTA has no merit in view of the above provision. It is found that the officer concerned is acting on behalf of IWTA and ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ......re us even a scrap of paper to suggest that the land on which the Company is erecting the wall belongs to the Company. It is not also necessary to arrive at any definite conclusion on the question in view of the fact that the parties obviously proceeded before the learned Magistrate on the basis tha..Category: Others | Date: | Hits: 162
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......ng law. 13. It will be for the petitioner No. 1 company to devise ways and means as to how and in what manner it will nominate its directors on the Board of respondent No. 6 company. But in view of the express provisions in section 25(3) the petitioner No. 1 company cannot continue to re..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ..Category: Tenancy Law | Date: | Hits: 82
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......appen is that a case is decided on merit after hearing the parties. Therefore, the principle that substantial justice shall take preponderance over technical consideration should always be kept in view in deciding whether or not there is sufficient cause for the delay in making the application. ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......ck. We are afraid we may have to address ourselves with more effectiveness in future if it is so required. 19. We are extremely unhappy with the impugned judgment which cannot be supported in any view of the matter for the facts and reasons set out above. It has been noticed that the appellant f..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......nter/publisher was accepted, and the proceeding for contempt was dropped against them, the appellant’s prayer for mercy was turned down and he was found guilty of Contempt of Court taking the view: “Reading as a whole we find that the attack exceeded such limits and tend..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......e acquired and since the joint survey report also did not show that the areas ‘which were under possession of the present petitioners were acquired in the aforesaid LA Case, we are of the view that the action taken by the Respondent Nos.6 and 7 by demolishing the structures of the pres..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......iding Officers, Returning Officer and the Treasury Officer as witness to prove post-election tampering of summons against them for appearing as witnesses. On the other hand, the Tribunal took the view that it is itself sufficient to ascertain if the election materials were intact or not. ..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....nd the view taken by the High Court Division was not legally correct. Secondly, the High Court Division misinterpreted the law and the various judgments cited at the Bar and thus allowed itself to an erroneous decision. Thirdly, the question raised in this matter is of considerable public importance......al decisions were cited by the appellant in the High Court Division in support of its contention which were considered. The High Court Division ultimately held: “We, therefore, conclude that in view of the allegations in paragraph 14A of the plaint quoted above plaintiff has the cause of actio..Category: Property Law | Date: | Hits: 77
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