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Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)

....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ...... of the case………………..(13) Reading article 3 in the First Schedule and section 28 of the Arbitration Act together it would appear that the parties are free to enlarge the time for making the award by mutual consent. If such consent is there, a term e......rbitration agreement empowering the arbitrators to enlarge the time for making the award with the consent of the parties. Even if absence of any such express provision, consent may be implied from their conduct…………………….(15) Cases......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ..

Category: Civil Law | Date: | Hits: 111

M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)

.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ...... in the contract itself, the matter of awarding interest being completely within its discretion, So, in a case involving the award of interest on any dues outstanding against the debtor, the Court is free to award interest at such rate as it may think fit. Ordinarily, that means if all that has happ......of a loan, even though the principal debtor remains liable for the same. The creditor can sue the guarantor in preference to the principal………………….(58) When a person contracts a loan from a banking institution by offering valuable security but retaining its possession with itself, i...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ..

Category: Civil Law | Date: | Hits: 110

Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)

.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......Zvs 12-5-73| [The first party Sahajuddin will make the arrangement to register 35 Bighas and 2 kathas of homestead land to the second party Rostom Ali in dhag no. 348 of the Mrichapila Mouza free of cost. Rostom Ali will bear the registration cost. The second party Rostom Ali after keeping......the second party Rostom Ali in dhag no. 348 of the Mrichapila Mouza free of cost. Rostom Ali will bear the registration cost. The second party Rostom Ali after keeping 1 Bigha and 2 kathas of land from 7 Bighas of land which he registered from Hazi Mohon and Abdul Huq, will register the total am...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..

Category: Property Law | Date: | Hits: 42

Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)

....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......ion (1), the Revenue-Officer may enter on the holding and the holding shall with effect from the date on which the Revenue-Officer so enters on it, vest absolutely in the, Provincial Government free from all encumbrances except the encumbrance on the holding which is extinguished under claus......death the plaintiff appellant has been residing there by paying rent and taxes. Plaintiff appellant Geeta Rani Dasi received a notice under section 92 of the State Acquisition and Tenancy Act from the Deputy Commissioner, Rangpur as to why the land in question should not be treated as aband......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..

Category: Property Law | Date: | Hits: 112

Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)

....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......main object of the Trust and that there was no direct relation between the two. It was further observed that it is not every kind of running business operated by a Trust whose income would be held free of income-tax and that statute requires a number of conditions which are to be complied w...... Welfare Trust........................Respondent (In all the cases) Judgment February 6, 1984. The Income Tax Act (II of 1922) Section 4 (3)(i) For an income derived from business of a trust the exemption under the Income Tax Act will not be available unless among ......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..

Category: Fiscal/Taxation Law | Date: | Hits: 117

Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)

....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ...... to mitigate the deprivation…………….(13) In view of satisfactory proof of due execution of the will by the testator who executed it in full sense and by free will and volition not being influenced by any quarter, this deprivation cannot be a ground to ......e is also Hare Krishna; he said that he was not an attesting witness of the will. But on due consideration of the evidence the trial Court found that D. W. 2 Hare Krishna is a different person from P.W. 3 Hare Krishna, son of Nabadwip, who is an attesting witness of the will. As to DW. 3 Ra......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ..

Category: Property Law | Date: | Hits: 118

Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)

....stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......not, it is palpable and also evident that the High Court Division had no competence to pass the order. Its legality or illegality, therefore, loses all significance. Anxiety to do justice cannot have free play so as to enable the Court to overcome the barrier of competence. 14. In view of the su......4 Civil appeal No. 67 of 1982. (From the Judgment and order dated 17-6-1981 passed by the High Court Division in F.M.A. No. 501 of 1981). Judgment Fazle Munim CJ.- This appeal arises from the judgment of a Bench of the High Court Division passed in First Miscellaneous Appeal No. 501......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ..

Category: Anti-Corruption Laws | Date: | Hits: 113

Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)

....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......s the other course, which is rather easy, to direct the police to hold further investigation. And in case a Naraji petition is filed either by the Informant or any other complainant the Magistrate is free to take cognizance upon examination of the complainant, and, if necessary, on examination of so......led final report. The Code of Criminal Procedure, 1898 (V of 1898), Section 190, clauses (a) and (b) A Magistrate is not bound to accept the police final report and discharge the accused. If from the materials or record, the Magistrate finds materials for putting the accused on trial, he ma......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..

Category: Criminal Law | Date: | Hits: 79

Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)

....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......of the deceased but were subsequently created for the purpose of the case. The prosecution case in so far as it was sought to be based on the alleged statement of the deceased was, therefore, not free from doubt and in the circumstances one can find not much fault if a court disbelieves the rest......erence with an order of acquittal but to say that misappreciation of evidence is never a sufficient ground for interference with an acquittal is to ignore the existence of degrees of misappreciation, from the very grossest form, exhibiting perversity to the mere ignoring of certain side-aspects aris......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..

Category: Criminal Law | Date: | Hits: 53

Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)

....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ...... XIII-37/73-74 Back page: 5.12.75: The case is taken up for suo motu decision. It has come to my knowledge that the lands of R.S. 517/SA, S.A. khatian No.535 of 79. No Serajkati Mouza were not free from encumbrances as a total area of 6 acres of land under plot Nos. 1193, 1194,1195, 1196 an......h Chandra Maitra, Advocate-on-Record- For the Respondent Nos. 1& 8. Respondents Nos. 2-7 and 9-57 (gha)-Ex-parte Civil Appeal No. 41 of 1985. Judgment: Fazle Munim CJ.-This appeal arises from Civil Revision No.195 of 1982 decided by a Single Judge of the High Court Division, Dhaka (Rana......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ..

Category: Property Law | Date: | Hits: 35

Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)

....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......preme Court viewed that the evidence of the solitary witness Ali Mochi who was relied on heavily by the High Court suffers from credibility because evidence was adduced to show that Ali Mochi was not free from the influence of the family of the deceased and this should not have been ignored in asses......ased Efaz by Ajit and in that confessional statement Daud detailed the circumstances how the hostility developed between the two groups over the lease of the Hat. The trial Court accepted the facts from the confessional statement in order lo base its conclusion on the oral evidence. Analysis of th......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..

Category: Criminal Law | Date: | Hits: 61

Bandez Ali Vs. The State, 1988, 17 CLC (AD)

....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......had, in the early morning, raided their house which is adjacent to the house of the complainant, looted away a number of articles worth Tk.5, 00/- and in that connection when resistance was offered a free-fight took place between the panics during which the deceased Wayezuddin received the fatal b...... in cruel or unusual manner, is not murder under section 300 but culpable homicide not amounting to murder under section 299 of the Penal Code. Thus the conviction is altered under section 304 part 1 from section 302 of the Penal Code and the sentence is reduced accordingly……………(6,7) Law......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......icer was alleged to have illegally assessed rents under section 50 of the Slate Acquisition and Tenancy Act which, according to the plaintiff, was illegal as the lands have been delivered to him rent free and were, therefore, not liable 'to any assessment of rent. Land was shown rent free in the kha...... In section 22 of the Act express provisions are made subjecting all lands to assessment and payment of rent. Only because there is no term in the agreement for payment of rent the claim of exemption from payment of rent is unacceptable as because all the lands within the country is amenable under s...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..

Category: Property Law | Date: | Hits: 47

Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD)

....��B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs Ed. This Case is also Reported in: 40 DLR (AD) (1988) 170. ......ome Secretary, the Court cannot but feel disturbed and disconcerted in the face of the aforesaid facts. It is difficult to dispel an impression that the proceeding taken against the appellant was not free from taint and there was an element of framing up the appellant because of his involvement in t......il Appeal No. 36 of 1987. (From the judgment and order dated 22.7.87 passed by the High Court Division, Dhaka in Writ Petition No. 4 of 1985.) Judgment ATM Afzal J.- This appeal by leave is from judgment and order dated 22 July, 1986 passed by the High Court Division, Dhaka in Writ Petitio......��B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs Ed. This Case is also Reported in: 40 DLR (AD) (1988) 170. ..

Category: Criminal Law | Date: | Hits: 88

Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)

....onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......ing of confession. There is no material on record to show even distantly that the appellant was in any manner forced by the police to make the confession or that the genuineness of the same was not free from doubt. We have examined the facts and circumstances of the case as also the confession a......urt Division, Jessore in Criminal Appeal No. 225 of 1985.) Judgment: A. T. M. Afzal J.- The appellant who is under a sentence of death under section 302 Penal Code obtained leave to appeal from the judgment and order dated 5 July, 1987 passed by the High Court Division (Jessore Bench) i......onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ..

Category: Criminal Law | Date: | Hits: 61

Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ....... Messrs. A.T.J. Industries Ltd. and others, 28 DLR (AD) 120 it was observed: "On the first question, a reference to the language of Article 2(1) set out above indicates that the language is not free from ambiguity. It appears that the legislative authority has employed multiple systems in th...... and settled in East Pakistan. His father at that time was Secretary, Ministry of Law and later became a High Court Judge. 5. In 1952 he was sent to England with an International passport issued from Dhaka by the then Government of Pakistan and his permanent address was given at Dhaka. His pass......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..

Category: Immigration and Citizenship Law | Date: | Hits: 214

Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)

....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ...... 3. At the trial 11 witnesses were examined in support of the prosecution case. In cross-examination of the P.Ws. the defence suggested that the informant party were the aggressors and there was a free-fight between the parties in which it could not be ascertained who struck whom in the darkness ...... 302/34 Penal Code on the allegation that on 4.8.79 after Iftar at about 7 P.M. P.W.1 Alefuddin's nephew deceased Azizur Rahman was going to the house of Alefuddin as he had come back after treatment from P.G. Hospital, Dhaka; that Azizur Rahman was going by the side of the appellant's house and on ......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ..

Category: Criminal Law | Date: | Hits: 52

Jamal and others Vs. The State, 1987, 16 CLC (AD)

....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......e by which Sohrab and Mahtab were tied. From Samu's house Sohrab and Mahtab were taken to the hosue of one Kheali Kumar. There on their assurance that they would not depose as witness Mohsin set them free at about 10/11 p.m. whereupon Sohrab and Mahtab went back home about half mile to the west of K...... the whole prosecution case. It seems that the beginning of the prosecution story was like a high drama which, however, ended in a melodrama-Sohrab and his companions having gone back home peacefully from the clutches of their tormentors and then coming back to the witness box to depose at length as......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..

Category: Criminal Law | Date: | Hits: 55

Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)

....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......ek, who in painstaking manner submitted the case in full perspective and assisted the Court in coming to the conclusion in accordance with law. The Court records its appreciation for the free service rendered by Mr. Abdul Malek. 12. In the result, therefore, this appeal is allo......d and not binding upon them. 3. When the suit was thus pending it is alleged that the plaintiff intended for making a prayer for temporary injunction against the defendants restraining them from cutting away the paddy and for that purpose their lawyer obtained left hand thumb impress......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)

.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......ed in the Government, under section 3(a) of the repealing Act such decree is inexecutable against it. The vesting is, according to him, absolute, that is, the property had vested in the Government free from any encumbrance whatsoever. The legal position is that such property having vested in the......rst Appeal No. 28 of 1970.) Judgment: Fazle Munim CJ.- This appeal arises from First Appeal No. 28 of 1970 decided by a Bench of the High Court Division, Chittagong (Mohamma...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 70

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