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The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ...... "The general principle is established that the sovereign in council does not act in the exercise of prerogative right to review the course of justice in criminal cases in the free fashion of a fully constituted Court of Criminal Appeal. The exercise of the prerogati......a case of gross miscarriage of justice either caused by perverse finding of fact or by erroneous view of law In the instant case contention of the appellant is that the acquittal has resulted from perverse finding of fact in utter disregard to the evidence on record. I am also quite aware o......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......recording a confessional statement of an accused must satisfy himself, by observing the demeanour of the prisoner and also questioning him, whether he is ready to make a confession voluntarily, free from any inducement, threat and intimidation: he must explain to the prisoner that he is not ......mpanied with accused Lalu and Kabir. Thereafter the informant lodged the F.I.R. and police came to the place of occurrence and recovered the be-headed body and also the severed head of the deceased from beneath the water-hyacinth of the tank. The informant identified the dead body of his brother w......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ...... would be a breach of duty in a Sebait. 9. In Palaniappa Chettv V. Sreenath Devasikamony Pandara, AIR 1917 (PC) 33, it is held that a permanent lease of temple lands at a fixed rent, or rent free for a premium, whether the lands are agricultural lands or a building site, is valid only if m......had no locus standi to sue on behalf of the deity were rejected by the High Court Division. No submission was advanced before the High Court Division with regard to defendant's settlement from the out-going sebait. 5. Being confronted with the concurrent finding that the qu......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......he meaning of section 3(2) the Act and relying on a decision reported in 10 DLR 523, it was held that the customary right by immemorial user, was wiped out on the vesting of the hat in the Government free from encumbrances. The learned Single Judge considered that in the absence of any wrung done to......p; 164 of 1983. From the Judgment and Order dated 27.6.83 passed by the High Court Division, Dhaka in Civil Revision Nos. 103 & 153 of 1983. Judgment Fazle Munim CJ.-These appeals arise from Civil Revision Nos. 103 and 153 of 1983 passed by the High Court Division, Dhaka disposed of on......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......terest of the public in the due administration of justice that has to be protected." The Court then, observed: "The law should not be seen to sit by simply, while those who defy it go free, and those who seek its protection lose hope. So we approach the question not from the poin......udgment and Order dated 28.11.84 pasted by the High Court Division, Rangpur in Criminal Misc. Case No. 24 of 1984 and Suo Motu Rule No. 41 of 1984. Judgment: Fazle Munim CJ.-This appeal arises from the Judgment and order in Criminal Miscellaneous Case No. 24 of 1984 and sue motu Rule No. 41 o......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ..Category: Criminal Law | Date: | Hits: 49
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. ......attach to the issuing of writs in countries the Courts of which have had powers to issue writs for many a decade. By its 98th Article, the new Constitution confers on High Courts the power to set free persons detained in unlawful custody and it is noticeable that while with regard to certain......hy;sion to satisfy itself whether the person concerned "is not being held in custody without lawful authority or an unlawful manner" depends on the contingencies that he should be brought from custody and that he should be held in custody, it follows that it must continue in custody til......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. ..Category: Criminal Law | Date: | Hits: 85
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. ......t "if there is on the evidence even a possibility of conviction the accused should be committed for trial though the Magistrate thinks that the conviction is not probable or the matter is not free from doubt, but that he should discharge the accused if on the evidence he comes to the conclu......sp; A. T. M. Masud, Deputy Attorney General instructed by A. M. Khan Chowdhury, Advocate-on -Record—For the Respondent. Criminal Appeal No. 9-5 of 1971. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca on 27th May, 1970, in the Crim......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. ..Category: Criminal Law | Date: | Hits: 60
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. ......watch the trial without giving him an opportunity to study the necessary documents and think over the case, makes a farce of the rule which entitles a prisoner charged with a capital offence to free legal assistance." The learned Judges having held the trial to be bad in law s......awyers involved: Abdur Rashed, Advocate— For the Appellant. Khan, Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1972. (On appeal from the judgment and order of the erstwhile High Court, Dacca dated 8-7-1970. Passed i......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. ..Category: Criminal Law | Date: | Hits: 66
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. ...... of the tenancy, as the case may be, shall be extinguished, and the tenancy or the part of the tenancy shall vest in the Provincial Government from the date of such sub-letting free from all encumbrances". 12. The effect of these amendments on the applicabili......cate with him) instructed by Aminul Huq, Advocate-on-Record—For the Respondents Nos. 1- 6. Ex-Parte.—Respondent No. 1. Civil Appeal No. 78 of 1977 (On appeal from the judgment and order dated 15.4.76 passed by the High Court Division in F.M. A. No. 15 of 1....... 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. ..Category: Property Law | Date: | Hits: 47
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......he Government by or under any law for the time being in force shall, by virtue of this Article and without any further proceeding or formality, stand vested in, and allotted to, the Government free of any trust, mortgage, charge, lien, interest or other encumbrance whatever— (a) In the......vil Appeal Not. 196 of 1979 and 65 of 1980 Involved in a common question of law, they were heard analogously and this judgment will govern both the two appeals. Civil Appeal No. 167 of 1979 arises from the judgment and order of a Bench of the High Court Division passed in Writ Petition No. 471 of......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......ntered into an agreement on 28-12.63 for sale of a portion of the suit property with him (Ext A.) and then executed a kabala for the same in his favour on 7-2-64 for adequate consideration on their free will. He got the required permission under Ordinance No. I of 1964 and the kabala was pr....... 1. Ex-parte—Respondent Nos. 2 to 17. Civil Appeal No. 97 of 1978. (From the judgment and decree dated August 28, 1974 passed by the High Court Division in Appeal from Original Decree No. 38 of 1969.) Judgment: &nbs......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
....hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ......he remedy as provided in section 27 (1) are not available to the assessee because he-was, not a ''licensed manufacturer" when partly manufactured goods were imported. Washing soap was made tax free under the Notification No. S.R.O. 475(E)/65 dated 14-6-65 and the exemption continued till 30......in Application No. 157 of 1972. Judgment: Ruhul Islam J.-This appeal by special leave arises from a decision of the High Court Division on an application under section 17(2) of the Sales-tax ......hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......roperty by pardanashin lady, the onus cast on the person relying on the disposition is to establish the transaction is one which the despondent thoroughly comprehended and deliberately of her own free will carried out." The same view was again reiterated by the Judicial Committee in the ......941 of 1967). Judgment: Ruhul Islam J.—This appeal by special leave arises from the judgment of a Single Judge of the High Court Division setting aside the concurrent judgmen......he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ..Category: Property Law | Date: | Hits: 57
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ...... 19-2-74 to 14-8-75 by corrupt or illegal means and by abusing his official position as such passed Illegal order for supply of furniture worth Tk. 39.900/- from the Trading Corporation of Bangladesh free of cost and the said furniture were taken to his private rest house at Sandalpur and thus he ob......y, 1981 passed by the High Court Division in Writ Petition Nos. 928 and 929 of 1979) Judgment Badrul Haider Chowdhury J.—These are certificated appeal under Article 103 of the Constitution from the judgment In Writ Petition Nos. 928 and 929 of 1979 discharging the Rule, Facts are as f......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......its proper context. 3. A reading of the Constitution shows that Bangladesh Constitution envisages a State, whose fundamental aims is to realise through the democratic process a socialist society, free from exploitation—a society in which the rule of law, fundamental human rights and freedom,......roper context. 3. A reading of the Constitution shows that Bangladesh Constitution envisages a State, whose fundamental aims is to realise through the democratic process a socialist society, free from exploitation—a society in which the rule of law, fundamental human rights and freedom, equa......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
.... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ...... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......—For the Appellant. Rafiqul Haq, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate on Record.—For the Respondents, Civil Appeal No. 71 of 1981 (On appeal from the judgment and order 10.6.80 passed by the High Court Division in Application No. ...... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ...... of the said 60% will have to be carried over to the following year for a similar distribution. This process will continue each year until the end of the tax-holiday period when the Company will be free to utilise the undistributed balance in any manner it likes. If the company does not comp......bsp; Badrul Haider Chowdhury J.—This appeal by special leave arises out of a judgment passed by the High Court holding that the dividend in the hand of an assessee is exempt from tax under section 15-BB of the Income Tax Act on giving an affirmative answer to the question ......e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......uthorities, because, if the properties were taken in his name that would add to his asset and income he already had and that would entail a huge Income Tax. Even if he had no such motive he was free to take the documents in the name of his wife ...” He, however, concluded wi......S. M. Huq, Advocate on Record —For Respondent Nos. 2 to 4. Civil appeal No. 83 of 1980. (From the Judgment and Order dated 27-11-79 passed by the High Court Division in Appeal from Original Decree No. 140 of 1965). Judgment: ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......ned counsel for the appellant, and whether the refusal by the learned Single Judge to adjourn the appeal on the plea of the learned counsel that its arguments will take three days and that he was not free the next day as he was booked to go to Bahawalpur to appear in another case before the Circuit ......V of 1898), section 423 The High Court is empowered to dispose of a criminal appeal on merits in the absence of the appellant or his pleader especially when the appellant deliberately refrains from appearance and his counsel prays for adjournment on flimsy grounds……..(5 and 6) Law......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ..Category: Criminal Law | Date: | Hits: 78
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......cipal Act, 1932, section 525 There is no provision in the Bengal Municipal Act that a purchaser in a sale held under section 525 of the Act for realization of municipal tax purchases the property free from all encumbrances. If there is a valid mortgage subsisting at the time of the sale the purc...... Act, 1932, section 525 There is no provision in the Bengal Municipal Act that a purchaser in a sale held under section 525 of the Act for realization of municipal tax purchases the property free from all encumbrances. If there is a valid mortgage subsisting at the time of the sale the purchaser......ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ..Category: Banking Law | Date: | Hits: 230
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