Search Options
Judgment Advanced Search
Displaying 721-740 of 2955 results.
....iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
...... simple. It is that after submission of charge sheet, particularly when the matter is subjudice, the intended counter enquiry is not contemplated in our Criminal law, rather it is against the general principle of law relating to criminal trial and that by directing this parallel enquiry the officer.......nst 22 persons including one Hashan Mir (Respondent No. 6) under section 302 and other section of the Penal Code on the allegations of murder of one Jamshed Shaikh.
2. The petitioner before us is brother of the deceased, Jamshed Sk. He had lodged a First Information Report at Ramphal ......iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....ever, not that of an employee under a private employer governed under the ordinary law of "Master and Servant". A decision of the Appellate Division in the case reported in 29 DLR 41 is the guiding principle in respect of matters like this and in the absence of any statutory rules the prin......t that of an employee under a private employer governed under the ordinary law of "Master and Servant". A decision of the Appellate Division in the case reported in 29 DLR 41 is the guiding principle in respect of matters like this and in the absence of any statutory rules the principles o......cted in this godown and it was found, on verification that 111 rolls of synthetic fabrics had been missing from the godown. The petitioner suspects the chowkidars on duty and himself lodged a First Information Report to the Police against them. The police after investigating the case submitted final...... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
.... facts and circumstances of the cases, we make no order as to costs. A.T.M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 306 ......e customs authority and undertook to make good any shortage or loss and pay any duty that might be found to be leviable on the imported goods. Therefore, there was no scope for the application of the principle of menswear in these cases at all. We, accordingly find no substance in the rules whi......os. 248 to 281 of 1970 Judgment Abdur Rahman Chowdhury J. - These Rules are directed against an order of penalty imposed by the Assistant Collector of Customs, Chittagong on the petitioners for the short landing of imported petroleum products and they are taken up for analogous hearing sin...... facts and circumstances of the cases, we make no order as to costs. A.T.M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 306 ..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)
....out any lawful authority and of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 256 ......torial waters of Turkey, the rapture of the offending vessel in the high sea by hot pursuit was justified in view of the sovereignty of the State over her territorial waters. We do not think that the principle laid down in the Lotus cases is of any help to the instant case which have been tried unde......ithout authority, caught fish and made attempt to smuggle the fish out of Bangladesh territorial waters, they were handed over by the Bangladesh Navy gun-boat to the Customs Authorities at Chittagong for necessary action. The Master and Crew of these trawlers were released but the trawlers were conf......out any lawful authority and of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 256 ..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
.... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
......
The learned Attorney General argued that no deed of transfer having been executed, no right was conferred on the former owners for claiming restoration does not hold good because the well settled principle is no body is entitled to take benefit of his own wrong. The decision on agreement has bee......e Potest De Injuria Sua Propria—No man can take advantage of his own wrong.
The learned Attorney General argued that no deed of transfer having been executed, no right was conferred on the former owners for claiming restoration does not hold good because the well settled principle is no b...... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......ting his services on the ground that his services are no longer required. This order of termination of service has been challenged, this time also, on the same ground of malafide and violation of the principles of natural justice. Respondent No. 1, the Corporation entered appearance by filing an aff......n Writ Petition No. 479 of 1978, the petitioner CM Yusuf was first appointed in the PIAC on 17th April, 1961 in PIA Grade No. IV. It is his case that by dint of meritorious service he was sent abroad for training twice and that he was promoted to Grade VII as Senior administrative Officer at Karachi......ning and Director, Manpower Development and Training, On i.4.74 he was promoted to Grade X which is the highest grade in the hierarchy of the Corporation's service and at the time of his impugned determination he was drawing a salary of Tk; 2900/00 P. M. in the scale of Tk. 2200-30u0/-P.M. The r..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ......n by Mr. Moazzem Hossain in our opinion would depend upon whether it is prohibited by any provision of the Code of Criminal Procedure or is repugnant to any Rule or practice or is contrary to general principle of public policy. No decision of this Court or of the Appellate Division of the Supreme Co......ed by the Haluaghat Police on 8.2.76 and on 9.2.76 he was served with the impugned order and since then he has been in custody. The petitioner further stated that the detention order was challenged before this Hon'ble Court in Writ Petition No. 357 of 1977 whereupon a Rule was issued. It appears...... other two learned Judges agreed with him. Mahajan J, proceeding to examine the question on the premises whether the Code of Criminal Procedure prohibited the making of successive application and the determination of same by different judges or by the same judge or it is repugnant to rules of practi..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ......nied the allegations that the appellant was ousted from the management of the Company's affairs or that the Company became commercially insolvent but claimed that it was running on sound business principles and that its assets would exceed its liabilities. He blamed the appellant for his non-co-......dent No. 2 Appeal No. 8 of 1975. Judgment Shahabuddin Ahmed J. - This is an appeal from a judgment and order of a learned Single Judge of this Court dated 18-2-75 dismissing a petition for winding up of a Company under section 162 of the Companies Act, 1913. Petitioner is th...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......pposite party submits that the facts of the case differ from the present one. Though the facts of the present case differ from the facts of the case referred to above yet there is no dispute over the principle that without any Ending that there is no apprehension of breach of peace concerning the la...... DLR (SC) 246; Moslem Fakir and others Vs. Ainuddin Talukdar and others (1965) 17 DLR 705. Lawyers Involved: Syed Azizul Huq, Syed Moinul Huq-For the Petitioner Fakhrul Islam for Shah Md. Sharif-For Opposite Parties. Criminal Revision No. 786 of 1974. Order ......e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......sp;13 of the, Police Act in Misc. Petition No. 2 of 1977. 2. The facts of the case, briefly stated, are as follows: On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed a prayer before the District Magistrate, Bakerganj for police protection under section 13 of the Poli......2-77 received under Memo No. 3069 (4) Jubl. dated 30-12-77. On 22-4-79 the learned Sessions Judge rejected the criminal motion on the following ground: “The next question that crops up for determination is whether this order may be subjected to revisional jurisdiction of the Court. A care..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......sp;13 of the, Police Act in Misc. Petition No. 2 of 1977. 2. The facts of the case, briefly stated, are as follows: On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed a prayer before the District Magistrate, Bakerganj for police protection under section 13 of the Poli......2-77 received under Memo No. 3069 (4) Jubl. dated 30-12-77. On 22-4-79 the learned Sessions Judge rejected the criminal motion on the following ground: “The next question that crops up for determination is whether this order may be subjected to revisional jurisdiction of the Court. A care..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ...... property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent for which the land was sold out in the execution of a rent decree and the right of redemption of the......lt to pay arrear rent and there is no evidence to show that the mortgaged property was collusively or fraudulently sold out for any default of the mortgagee. 11. The next question that calls for determination in this case is whether defendants No. 1 to 8 can be held as constructive trustees und..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ......nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ......ise under the administrative control of the Bangladesh Textile Mills Corporation established under the President's Order No. 27 of 1972. These respondents had filed the Industrial Dispute Cases before the Labor Court u/s 34 of the Ordinance for enforcement of certain rights which, they......to the respondents by the General Manager were not in excess of the wages, bonus and allowances determined by the Government, reference to the Ordinance No. 23 will be wholly irrelevant in which case determination of the issue will rest entirely in an application or otherwise of the Government's..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
....d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424. ......er relating to commissioner's fee etc. An order of this type has been described by their Lordships of the Privy Council as "unfortunate" order. This appears to be in consonance with the principle that decree passed by the Court in preliminary form remains pending until the final decree......ing, to make the preliminary decree final on the ground that the application was made after a long lapse of 43 years. The learned Munsif, however, noticed an order dated 16.4.31 striking off the suit for non-compliance of certain order of the Court. 2. At this stage there is no dispute that one......d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424. ..Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
....n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......th them, but stands out on his own independent right and denies all right in his adversaries, can be drawn into a partition suit for decision of the question of title paramount. But, in any view, the principle appears to us to undoubtedly sound that where there is conflicting claim to share in the l......(8)
Appeal from appellate decree No. 334 of 1964
Judgment
M.H. Rahman J. - In this appeal defendant No. 1 calls in question a judgment of affirmance decreeing the plaintiff's suit for partition in preliminary form.
2. The plaintiff claimed partition or schedule 'Kha'......paramount. But, in any view, the principle appears to us to undoubtedly sound that where there is conflicting claim to share in the land under the same right under which partition' is sought, the determination of the conflict is incidental to the partition and cannot be avoided before partition ..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ......n but also the Validity of the national legal order inspective of how or by whom such a change is brought about.” The Supreme Court on review of this decision has now held: “The principle laid down in Dosso's case is wholly unsustainable and cannot be treated as good law ei...... of Bangladesh under the Presidential Election Ordinance, 1978, briefly the Ordinance. The petitioners are 'voters' having their names registered as "electors" in the electoral Roll for the President's Election, and their prayer is that the said Notification should be declared ......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
..... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ...... law and citing from various authors and text-book writers came to the conclusion as under :- “The preponderant view appears to be that law is not the will of a sovereign. Law is a body of principles-called rules or norms-recognized and applied by the State in the administration of justic......t Badrul Haider Chowdhury J.-. This is directed against an order of conviction passed in Martial Law Case No. 6 of 1977 by Special Martial Law Court No. II, Dacca sentencing the accused to death for declaring the same to have been passed without any lawful authority and is of no legal effect an......ansfer of the case which was pending in a special jurisdiction to a jurisdiction of general nature is not permissible and assumption of jurisdiction by a Tribunal which has not been vested by law for determination is illegal and anything done in illegal manner is a nullify; (3) procedural provision ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......es are directed against two orders of the learned Munsif in two different proceeding under section 143A of the State Acquisition and Tenancy Act. The learned Munsif rejected the application for addition of parties in each of the proceedings. 2. One Rahul Amin Sardar filed an applicati......een instituted in the name of the right plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or ad..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ...... these two views may be reconciled if the question of inter-connection and inter-dependence of the two firms is properly answered. It the two firms got no connection whatever with each other then the principle of law as enunciated in the case of 'Jeshingbhai Ujamshi' will be applicable in th......1978. Result: The rules are made absolute by allowing applications. Inter-connection and inter-dependence of the two firms- The incomes of the two firms should be tagged together for the purpose of assessment. While two firms are closely interlinked in that the capital of t......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......been taken in 26 D.L.R. 291 has not been followed up by any other High Court and this view that was taken on the interpretation of the proviso requires modification. It is profitless to reiterate the principles which have now been well settled as to the meaning, scope and extent of section 145&......tion as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing up formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” ......ly to that section. It is proviso to the entire section itself because the expression "pending his decision under this section" has been used. In other words, when the entire dispute awaits determination under section 145 Cr. P. C. then in the case of emergency "if the Magis..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
94469442944193139283930592488942892991228947894992569264930792669260932492429299