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Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ......orroborated testimony of an accomplice but simultaneously the judge should also point out to the jury that it is within legal province to convict upon such uncorroborated evidence. The same principles apply in the case of trial by a judge without the aid of jury, Lord Reading observed. ......Haque, Additional Sessions Judge, Rangpur in Sessions Trial Case No.411 of 1979 on 16-1-81 under section 376 of the Penal Code and each of them has been sentenced to suffer rigorous imprisonment for five years. They have also been convicted under section 366 of the Penal Code but no separate se......he police, The certificate simply says that Miss Ferdousi Begum, daughter of late Fazlul Karim @ Tota Mia/village Chakundia, P.S. Gobindoganj, District Rangpur appeared before him on 19-5-79 for determination of her age, that her menstruation started 3 years back, that her weight was 102 lbs. a..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ......aim ratable preemption while the kabala by which he claims to be a co-sharer and the kabala which he seeks to preempt were both executed and registered on the same date. 10. It is an established principle of law that a kabala after it is duly registered takes effect not on the date of registrat......by the petitioner who was O.P. No. 1 in a preemption case to revise the concurrent judgments and other passed by the original and the appellate Court below refusing the present petitioner's claim for rateable preemption under section 96(4) of the State Acquisition and Tenancy Act. ......ate of execution with reference to which Mr. Answer Ali asserted that time and moment of execution and registration is immaterial and that only the date is material. The only point that requires determination in this case is whether the petitioner can claim ratable preemption while the kabala b..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....ds expeditiously. The connected Rule for stay of further proceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37. ......ds expeditiously. The connected Rule for stay of further proceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37. ......, Judge on an application of the defendant under section 144 of the code of Civil Procedure. 2. For the purpose of disposal of the appeal suffice it to say that the plaintiff filed the suit for declaration of title and recovery of khas possession. The suit was decreed ex parte on 15-8-77. ...... providing lawful opportunities to the parties. We do not see any justification in prolonging the litigation over a point which might be conveniently adjudicated upon in the suit itself No conclusive determination of the question raised, is possible in terms of law at this stage. We are therefore, o..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ...... report 47 days after the completion of the enquiry. The Inquiry Officer recommended the dismissal of the petitioner; the respondent No. 1 on consideration of the report by his order dated 14.12.79 informed the petitioner directing him to show cause why he should not be dismissed from service. Accor......is the same. The Executive Engineer is a non-Government employee though the scale of pay of the Executive Engineer and the Additional Deputy Commissioner is the same. Pay is not the only criteria for determination of rank between two persons. The word 'rank' connotes status or gradation of a..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
.... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......of a memorandum No. ED/SP-11(M)-9/78-47(500) dated 18th March, 1978 issued by the Secretary Establishment Division of the Cabinet Secretariat of the Government of Bangladesh providing a comprehensive formula for grating benefits to the employees who participated in the war of liberation; the aforesa......end the benefits under the Rule to respondent No. 4. 22. Apart from the disputed question of fact whether respondent No. 4 is a freedom fighter or not, there are two main questions that call for determination in this matter: whether the Rules are within the ambit of the proviso to Article ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ......for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ...... Aminul Hoque— For Opposite Party. Civil Revision No. 54 of 1978. Judgment Sultan Hossain Khan J. — This Rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-empti......ct of parties unless the pre-emptee-opposite parties have raised the question of non-joinder of some co-sharer or contiguous tenant at the earliest opportunity before the learned Munsif. An issue for determination in a proceeding arises when a proposition of law and fact is asserted by one party and..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......asirul Hoque, Md. Aminul Hoque - For the Opposite Party. Civil Revision No.54 of 1978. Judgment Sultan Hossain Khan J.- This rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-e......t of parties unless the pre-emptee-opposite parties has raised the question of non joinder of some co-sharer or contiguous tenant at the earliest opportunity before the learned Munsif. An issue for determination in a proceeding arises when a proposition of law and fact is asserted by one party and..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
.... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ......sion of the land at the time when the tenant was so settled and there was no absence of good faith in the settlement, the claim for khas possession could very well be resisted, on the strength of the principle enunciated in Binand Lal Pakrashi Vs. Kali Parmani (1893) 20 Cal. 708 and the tenant on th......age Does Automatically Mature Into a Sale— Section 67 of the Transfer of Property Act confers upon the mortgagee, any time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, a right to obtain from the Court a...... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......877) Section 22 & 26 Sale of Goods Act (III of 1930), Section 58 Code of Civil Procedure (V of 1908). O.XLVII r.6 Suit for specific performance - Court is to be guided by the principles laid down in chapter II of S.R. Act--Direction is such suit is regulated by law--The disc...... The appeal is allowed. Specific Relief Act (1 of 1877) Section 22 & 26 Sale of Goods Act (III of 1930), Section 58 Code of Civil Procedure (V of 1908). O.XLVII r.6 Suit for specific performance - Court is to be guided by the principles laid down in chapter II of S.R. A......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255 ......ideration rests on the person who asserts the same and only after that burden was discharged prima facie the burden would shift on the other party to prove that it was not so. Apart from this general principle of law, section 60 of the Registration Act provided that a registered document d......dhury J. — This appeal at the instance of the plaintiff is against the decision of the learned Sub-ordinate Judge, Noakhall affirming those of the Munsif, Third Court, Noakhall passed in a suit for more declaration that a sale deed No. 5058 registered on 30.6.70 at the Senbagh Sub-Registrar Of......affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255 ..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ......ce of so much of the contract as can be performed and award compensation in money for the deficiency. Illustrations A and B appended to the section focus light. Section 14 is the corollary to the principle that equity looks to the substance rather than to the mere form. Section 15 is just conv......ed 7th August, 1979 passed by the High Court Division in Second Appeal No. 791 of 1965.) Judgment Badrul Haider Chowdhury J.- This is an appeal by special leave. It arises out of a suit for specific performance of a contract dated 10.12.1959 wherein the defendants entered into ......t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......n rights and freedom, equality and justice, political, economic and social, will be secured for all citizens. Keeping this proclamation in the preamble in view, the Constitution has given fundamental principles of State Policy, which amongst others contains in Article 22, a provision, saying th...... lawful authority and when a person is serving out an order of sentence passed by a Court or tribunal, the jurisdictional validity of that order could be looked at. When such a question is agitated before the Court, the Court is first to see the provisions of the law as well as the provisions of the......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
....1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
...... petition for a writ the first question that court has to consider is whether the petitioner has the locus standi to invoke the extraordinary jurisdiction of the court and I consider it to be a basic principle that a person seeking judicial review of administrative or quasi judicial action must show...... it could be said that the passport which Towab was holding at the time of his arrival at Tejgaon Airport is not a valid passport. It is not alleged by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passport in questio......1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
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Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Bengal Water Ways Ltd & Another
....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......…..Respondent Judgment July 8, 1981 Result: Appeal dismissed Companies Act (VII of 1913), Section 162. Winding up of Private Company It is well settled principle that a private limited company can, if circumstances so permit, be would up on the princip......so permit, be would up on the principles of dissolution of a partnership firm……………….(30) Exclusion of director or deadlock in the management are grounds for dissolution of a company on equitable principles. There cannot be any precise definition or......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ......ent to which the court very reluctantly has recourse, and never until it has exhausted every other means in its power to reconcile apparent inconsistencies, and the rule is subordinate to the general principle that the intention must be ascertained from the entire contents of the deed.” 8......াকে ফেরৎ কবলা দলিল রেজিষ্ট্রি করিয়া দিব”।.........(4) In the instant case the general expression with regard to the time for payment of consideration for the reconveyance, within 4 (four) years, 'appears to be in conf......ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ......ellip;Respondents Judgment June 30, 1981 Result: The Appeal is dismissed. Bank is unconditionally bound to make pay the amount on demand Bank guaranteeing satifactory performance of contract by seller. Seller defaulted in delivering goods within stipulated time. Purchas......o the decision of the arbitrator. In that case the very purpose of taking performance guarantee by the buyer may be frustrated. (2) Forfeiture of the performance guarantee not being dependent on determination damages payable to the buyer and the right given to the buyer being absolute, such rig..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......y, evidencing or manifesting, opposition or hostility, other than by way of constructive and meaningful discussion, to the declared objectives, policies, programmes and decisions of the Government or principles underlying them or tendency to undermine the implementation of such policies, and anti-so......nts inimical to the liberation struggle or creation of Bangladesh. Three definite concepts have been introduced in clause (b). It will be absurd that while collaboration will be offensive if it is performed in the exercise of powers or in the discharge, of duties but conduct or activities exhibiting......sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....ting rate and 2% for conservancy total 12%. The intendment of the enactments remained constancy the same namely; the two taxes together must exceed 17%. 15. The Model Tax Schedule was framed for guiding the Municipal Committee in levying tax, rate, toll or fee. A Municipal Committee may levy in......eficiaries subject to a maximum levy of seven percent of the annual value of the buildings and lands." Rule 16 likewise provides for water-works or supply of water according to the principle as laid down in regard to conservancy and lighting rates subject to a maximum levy of......uddin Ahmed, J, but I am unable to concur and take a different view which is detailed below. 5. Sonali Bank, respondent filed the writ petition challenging the assessment of municipal taxes for the years 1968-69 and 69-70 and prayed for direction on the Dacca Municipal Corporation to compl......sonable step to reduce it as far as possible. The object of the Bill is to levy a tax on lands and buildings, within Municipal areas” Section 4 as it was originally enacted provided the determination of the annual value of a holding under the provisions of Bengal Municipal Act, 1932 or..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......-General of or the Superintendent of Police must be treated as an act of the Government itself because such subordinate officer only acts on behalf of the Government. The learned Advocate invokes the principle embodied in the maxim qui facit per alium facit per se. This very principle was canvassed ......bul Hossain the younger brother of the husband of the petitioner protested when the accused persons and 2 police constables caught him and assaulted him. Thereafter the accused persons took away the aforesaid articles and Eksir Mia to the house of accused Tofel Ahmed where accused opposite part......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ......ve effect cannot be given, unless such effect is given to it in me Statute itself, either expressly or by necessary implication. 16. In Maxwell's Interpretation of Statute, 11th Edition, the principle has been stated as follows: “Every Statute, it has been said, which takes away ......T.M. Masud J. — This appeal by special leave arises out of a judgment of a Bench of the High Court Division in Writ Petition No.222 of 1973 dated 1st. September, 1977. 2. Leave was granted for examining the question as to whether the High Court Division correctly interpreted the provision......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
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