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Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......usudan Saha sold his right to receive the aforesaid rent to the plaintiff for a sum of Rs. 40/- only and thus the plaintiff acquired 16 annas interest in the suit property. According to the further case of the plaintiff the defendant No. 1 Sashi Mohan Saha and his brother late Lai Mohan Saha who......eave arises out of a judgment of the erstwhile High Court of East Pakistan in an appeal arising out of a suit which was filed by the plaintiff-appellant for declaration of his title to the disputed land and buildings and structure standing thereon and for recovery of possession of the ..Category: Property Law | Date: | Hits: 37
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......e Income-tax Officer leaving the additional tax. The commissioner did not give the effect to the respondent’s contention, touching the question of validity of the order, except that he remanded the case to the income-tax Officer directing issuance of a fresh order "showing correct and proper calcu......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......not mean that their actions under the previous Government have been accepted by this Government. 2. Mr. M. H. Khondker learned Counsel for the appellants contended that article 6A refers to cases when Government of Pakistan or East Pakistan is parties. There is no provision in respec......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......d rectification of the Share Register of respondent No. 2 a Company incorporated under the Companies Act on an application filed by Respondent No. 1 under section 33 of the said Act. 2. The case of Respondent No. 1 is that on 18-9-69 he had purchased 520 shares of the Respondent company (......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ...... the Coin/Note Examiners and Typists who have already been transferred to the general side as clerks Grade-II should count from the date of their appointment as coin/note examiners and typists as the case may be for the purpose of promotion to the cadre of clerks Grade-I only and not for promotion t......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......rection to derequisition certain other lands including plot Nos. 713 and 714 of the said Mouza which were also requisitioned under the said Act in L. A. Case No. 142 of 1961-62. 2. The appellant's case was that in L. A. Case No. 142 of 1961-62 an area of 4.43 acres of lands belonging to Harilal G......962-63, under the East Bengal (Emergency) Requisition of Property Act, 1948 (hereinafter referred to as "The Requisition of Property Act") and praying for a direction to derequisition certain other lands including plot Nos. 713 and 714 of the said Mouza which were also requisitioned under the said..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ...... (2) An appeal to the Appellate Division from a Judgment, decree, order or sentence of the High Court Division shall lie as of right where the High Court Division — (a) certifies that the case involves a substantial question of law as to the interpretation of this Constitution; or ......al Powers in Australia", Fourth Edition, page 28. This observation, with which we are in complete agreement is based on Cooley pp. 154-155, Black's "Interpretation", pp. 21-22 Halsbury’s Laws of England, 2nd Edn. Vol. 31, pp. 529 and following, and also a number of reported decisions. Sec also Sut..Category: Constitutional Law | Date: | Hits: 148
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......consideration of several reported decisions, including Sakalaguna Nayudu Vs. Chinna Munuswami Nayakar (55 I.A. 243) and Majeda Khatun Vs. Rabindra Chandra Dey (P.L.D. 1952 Dacca 112). This latter case relied upon Sakalaguna's case (55 I.A. 243), wrongly cited therein as 44 I. A. 243. Sakalaguna'......against a judgment of a learned Single Judge of the High Court Division in a second appeal. The second appeal arose out of a suit for specific performance of a contract for reconveyance of the suit land which, subject to the said contract entered in a registered deed of agreement, was transferre..Category: Property Law | Date: | Hits: 47
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......continued by the Enemy Property (continuance of enemy provisions) Ordinance of 1969 (Ordinance No. 1 of 1969). The facts which are relevant for the purpose of this appeal are as follows:— 2. The case of the respondent was that he was carrying on the business of manufacturing glass, phiales etc.......ct of existence of the state of war, in the absence of an announcement by the Government that it had come to an end. Our attention was also invited to the relevant passages in Halsbury's Laws of England, Third Edition, Volume 7 at pages 290 and 191 and to note (b) at page 291 wherefrom it was soug..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......bsp; "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." 6. Loughran in &q......rticle 226 (i) of the Indian Constitution, which specifics the kinds of writs that can be issued, contended that the concept of Habeas Corpus in India based upon the concept of Habeas Corpus in England, where it is regulated by Acts of Parliament, cannot be imported in the consideration of the s..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. .......67 passed by the learned Sub-Divisional Magistrate of Madaripur under which he attached certain land under section 146 of the Code of Criminal Procedure and appointed a receiver thereof. The case has a chequered history which is as follows:- 2. The land in dispute was subject matter......istan in Criminal Revision Case No. 295 of 1968 refusing to set aside an order dated 16.11.67 passed by the learned Sub-Divisional Magistrate of Madaripur under which he attached certain land under section 146 of the Code of Criminal Procedure and appointed a receiver thereof. The case..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......dgment of the High Court. 2. Mr. Abdul Hamid appearing on behalf of the petitioner contended that the conviction and sentence passed against the petitioner were without jurisdiction, as the case was investigated by an Assistant Inspector of D.A.B. whereas sub-section (5-A) of section 5 of......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......igation of the appellant who promised to pay them Rs. 2000/- and had paid Rs. 1000/- in advance. This amount was subsequently recovered from the co-accused Nagar Bashi. Police investigated the case and submitted charge sheet and the Learned Magistrate after examination of 22 witnesses in an......ted to convict the accused". In the latter case, the question arose whether the Magistrate was justified in discharging the accused persons upon a finding that the occurrence took place on the land in possession of the accused persons who exercised their right of private defence when P. W. 2..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ...... Appeal No. 3 of 1973 was filed by the accused persons who were convicted upon trial. The two appeals are taken up together for dismissal. 2. True prosecution case in short is as follows: On 1st Baishakh, 1375 B.S., corresponding to 14th April, 1968, wh......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......onvicted of an offence under P. O. 8 could be enlarged on bail, upon admission of his appeal by the High Court, in exercise of powers conferred under Section 426 of the Code was considered in the case of Haji Md. Akil Vs. The State reported in 25 DLR page 126 by a Division Bench of the High Cour......hose Articles should be construed as mandatory. In support of the said view we may refer to the following passage occurring at page 96 of the book "Statutes and Statutory Construction" by J. G. Sutherland, Third Edition. "One of the strongest indications as to what construction should be given to..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......ested inasmuch as Rule 20A clearly indicated a legislative intent of a poll to be held upon the death of a contesting candidate before the poll and since the question of a poll could not arise in a case where only one candidate was left in the field, fresh nomination papers ought to have been cal......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......eave is by Abdur Rashid against his conviction and sentence of death confirmed by a Division Bench of the erstwhile High Court in Death Reference Case No.6 of 1970. 2. The prosecution, case in brief is that Yasin Sheikh through his first wife has two sets, namely, Abdur rashid and Ab......wo sets, namely, Abdur rashid and Abdur Rahman and two daughters. After the death of his first wife about 10 years ago. Yasin married Maleka Khatun. Yasin proposed to make a gift of 3 Pakhis of Nal land and a hut to his wife Maleka some time before 5th of Poush, 1374 B.S. bat it was disliked by A..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......of plaintiff-respondent's possession of the transferred land; 2) Whether the learned Judge has correctly applied Article 10 of the Limitation Act in the facts of the instant case and holding that the suit is not barred by limitation. Right of 'shufa' or pre-emption under ...... performed Talab-i-issad. Thereafter without taking steps for institution of a suit for preemption filed an application under section 26F of the Bengal Tenancy Act for pre-emption of the suit land and lost it upto the Appellate Court on July 19, 1962. Thereafter the suit was filed on Septem..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......hila dated September 20, 1938 on her behalf as well as on behalf of her other co-sharers and that the plaintiffs auction-purchased the superior Karsha right subject to the Kol-karsha. Their further case was that Basanta Dey and Surendra Dey were all along in possession till they transferred the K......ich was, on transfer to the 6th court of Munsif, Barisal, renumbered as Title Suite No. 71 of 1961, against the respondents for establishment of their auction-purchased right and title in the suit land, for confirmation of possession in the alternative for recovery of possession from the main de..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......gment and decree of the trial court and thereby dismissing the plaintiff-appellants' partition suit being Title Suit No. 30 of 1958 of the Court of Subordinate Judge, Dacca. 2. The suit land as described in the schedule to the plaint belonged to one Mungro Mali from whom Sachindra Nat..Category: Property Law | Date: | Hits: 54
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