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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..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..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..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..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..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 ..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..Category: Property Law | Date: | Hits: 45
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......e. Counsel contended that this exception does not cover statements made in written complaint but statements made orally in open court. 3. It would be useful to take note of the facts of the case. The appellant Dr. Jamshed Bakht was the Chief Medical Officer, Sylhet District Medical Associ..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......laneous Case No. 247 1973. 2. Appellant Abdur Rouf filed an application under section 24 of the Non-Agricultural Tenancy Act in the Third Court of the Sub-ordinate Judge Dacca. His case was that the 'A schedule property originally belonged to one Samru Goala in whose name C.S. re..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......oration. By virtue of such transfer the share holding interests of Jamuna Oil Company were represented by the Petroleum Corporation and its Secretary, Mr, A.S.A Nur, the appellant in this case. Thus there are only 2 shareholders of the Jamuna Oil Company. The High Court Division consid..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......r Order VII, rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the suit is hit by section 133 of the Co-operative Societies Act, 1940. The plaintiff respondents case is that the suit land originally belonged to the appellant Baitul Aman Co-operative Housing So..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......der of the Additional District Judge, Second Court, Dacca and allowing pre-emption to respondent No. 1 on setting aside the order of the Munsif, Manikgang, Dacca, dismissing the pre-emption case under Section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. Th..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......in the kabala land that was executed on 26.3.58 without serving any notice of transfer and as such he is entitled to pre-empt the same. 3. The appellant-purchasers opposite party contested this case on the ground that the petitioner is no longer the co-sharer in the holding and has no locus st..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......mitted under Order 41, rule 11 of the Code of Civil Procedure. At this stage the plaintiff respondent filed an application for restraining the appellant from making demand on respondent 2 to encase the letter of guarantee and restraining respondent 2 also from honoring the said letter ..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
.... the period of absence owing to a wrongful dismissal order. Since the High Court Division was exercising the constitutional jurisdiction and the Constitution has specifically conferred this power uprooted Court, no exception can be taken to the order in question. Article 102 however should not be......Government serve any other Master or be engaged in any other business and, consequently, because, on general principles a person cannot be allowed to reap double benefit. This decision in the case of Pakistan vs. A. B. Isaac (1970) 22 D.L.R (SC) 371 has no manner of application because in t..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......in his private capacity and in the absence of the plaintiff the respondent, as Khadem, would continue the suit. 5. Leave was granted to consider whether in the facts and circumstances of the case the respondent, as a Khadem, could be substituted under Order 22, role 10 of the Code of ..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ...... final decree was passed or from the date when the said decree was engrossed on stamped paper and signed by the judge, the intervening period being 12 years 5 months 22 days. 2. Facts of the case are as follows: Respondents got a preliminary decree on September 15, 1945 in Partit..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......2.71. Mr. Assault Hossain who had been given the opportunity of going through the aforesaid order-sheet has not disputed the correctness of it. The record does not show that Assessee had made out any case that his administrative review was still pending with the National Board of Revenue. On the oth..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ...... March 24, 1977 allowing pre-emption under section 96 of East Bengal State Acquisition and Tenancy Act on setting aside order of Subordinate Judge and restoring that of the Munsif in Miscellaneous case No. 214 of 1970. 2. Respondent No.1 filed the Misc. case for pre-emotion of a land sold..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......oceedings, are at liberty to question the testator's title in a separate suit if permitted by law. 5. It appears that though the respondents' application for being added as party to the probate case was filed under Order 1, rule 10, Civil Procedure Code, before the District Judge, the High Co..Category: Property Law | Date: | Hits: 80
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