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Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......isqualified from holding the office and the Court in its extraÂordinary jurisdiction will entertain the petition and examine the question on merit. Mere delay in raising the question is not a ground for denying this extraordinary remedy……………….(12) (ii) The Local Government (Upazilla ....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......rnment institution. He questioned the very maintainability of the Writ-petition, particularly on the ground of inordinate delay on the part of the petitioner in filing the petition. 6. The learned Judges of the High Court Division found that though the contract for the Iron-wooden bridge was comp..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......p; 307/34 Reversal of the appellate Court's finding will not bring the case within the ambit of murder u/s. 302 P.C. It was nobody’s case that death was caused due to surgical operation for treatment of the victim after the impugned injuries were sustained in the occurrence. In view of......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ...... victim after the impugned injuries were sustained in the occurrence. In view of the clear opinion of the doctor that death resulted from the injuries and not from the surgical operations the learned Judges should not have expressed any imaginary, unfounded, faint doubt about the cause of death. Sur..Category: Criminal Law | Date: | Hits: 62
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......tion raiÂsed in this appeal by special leave is whether section 35A of the Court Fees Act, 1870, has become inoperative, ineffective and infructuous in view of the substitution of Schedule I of 1981 for Schedule I of 1960 of the said Act. In other words, whether the High Court Division has correctl......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......e. In section 35A, reference was made to the Schedule of 1960 simply because that schedule was in force at the time of inserting this section 35A, in the Act by Ordinance No. LII of 1962. The learned Judges of the High Court Division in construing section 35A took the view that by the expression "as..Category: Procedural Law | Date: | Hits: 124
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ...... lying almost dead with multiple injuries; he raised alarm whereupon the mother and the second wife of Elias appeared on the spot, followed by many others of the locality, including Ayub Ali, the Informant, found Elias lying injured and heard the names of his three assailants namely, the appella...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......were in great mental agony. The learned Counsel contends that this big time-gap should have been considered by the High Court Division as a ground for commuting the sentence. The learned Judges considered this question but did not think it a fit case for commuting the sentence. In some..Category: Criminal Law | Date: | Hits: 62
....
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.
......owdhury died leaving respondent Nos. 2-6 as his heirs.
2. Appellant instituted Mortgage
Suit No. 43 of 1964 in the 1st court of Subordinate Judge, Chittagong against
respondent Nos. 2-5 for sale of the mortgage property for realisation of
mortgage dues. Permission of the Board of Reve......
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.
......istan which allowed the appeal in part on 4th March, 1984 directing that the
execution case instituted by the appellant be stayed 'so long as the suit
property remains vested property'. The learned Judges of the High Court
Division, however, affirmed the findings recorded by the Subordinate ..
Category: Property Law | Date: | Hits: 70
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. ......; Shahabuddin Ahmed J. - I have gone through the judgment proposed to be delivered by my learned brother, A.T.M. Afzal, J, but as I could not agree on the reasons for which acquittal of the respondents is sought to be supported I am giving my own reasons against......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. ......tion was that Khijir, Keru and Bhola were thrown into the ditch on that day but they denied the suggestion. 7. Evidence of the prosecution witnesses has been disbelieved by the learned Judges of the High Court Division for the following reasons: (1) The first information repor..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ...... concurrently by the Courts below. 2. Plaintiff-respondents case is that they along with others numbering 42 persons in all were, on the basis of a written test examination and interview, selected for appointment as SeÂnior Account Assistants. In the list prepared in order of merit respondent No......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......5 passed by the High Court Division, Dhaka in Civil ReÂvision No. 506 of 1985.) Judgment: Fazle Munim CJ. - Since I have dissented from the conclusions reached by the majority of the learned Judges, I have intended to give a separate judgment which is as follows. This appeal arises from ..Category: Employment/Service Law | Date: | Hits: 97
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. ......leave is directed against an order of acquiÂttal passed by the High Court Division in Criminal Reference No. 1(C) of 1982 and Appeal No. 40(C) of 1982. The High Court Division rejected the reference for confirmaÂtion of sentence of death of accused No. 1 and allowed the appeal after setting aside ......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. ......•à¦¿ হিয়াছে বলিতে পারিনা।’ 10. Considering the evidence and circumsÂtances of the case both the accused were conÂvicted and sentenced. On appeal the learned Judges of the High Court Division considered: (a) that their absconsion on the face of the FIR..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... claims to be the owner of holding No. 67, Motijheel Commercial Area, Dhaka filed Writ Petition No. 288 of 1985 against the respondents challenging the validity of Government orders declaring the aforesaid property as abandoned and refusing to release the same and also its action inviting offers...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... January 1975. Appellant opposed their addition as respondents contending that they are not necessary parties for the purpose of disposal of the issues in question. On 28th August 1986 the learned Judges of the High Court Division allowed the applications by adding them as respondent Nos. 6 and ..Category: Property Law | Date: | Hits: 31
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ......gment M. H. Rahman J. - The appellant entered into a contract with respondents Nos. 1-4 for supply of bricks. A deed of agreement was executed on 20th June, 1975. Subsequently a disp......cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ...... review application. He, however, dismissed the application for restoration as it was filed long after the expiry of 15 days, prescribed in Article 160 of the Limitation Act. The learned Judges of the High Court Division affirmed that order. 4. The appellant contends that the p..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ...... the High Court Division in Writ Petition No. 179 of 1985. 2. Facts in a nutshell are as follows: The appellant Sharping Matshajibi Samabaya Samity was granted the lease of the fishery in question for a term of six years for 389 B.S. at 50% enhanced rate over the existing rent and the lease deed ......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......ound of default of payment of rent and non-development scheme. 18. We are a little distressed to see that the broad facts appearing on the face of the record did not have any appeal to the learned Judges of the High Court Division. The learÂned Judges proceeded on much larger Issues taking in th..Category: Property Law | Date: | Hits: 87
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ......of termination of the agency was a capital receipt or a revenue receipt. 3. The assessee claimed that the amount of Tk. 1, 50,000/- was compensation paid by the Pakistan River Service Ltd., for premature termination of secretaryship agreement which was executed between the assessee and B....... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ......tances, the view was taken that the Deputy Commissioner of Taxes was fully justified in treating it as revenue receipt and thereby disallowed the claim of deduction. 9. The learned Judges of the High Court Division without traversing findings of the Tribunal dealt with the point ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......pa Rin Sangstha Order, 1972 (President's Order No. 128 of 1972). 2. Facts are: Respondent No. 1, namely, Bangladesh Shilpa Rin Sangstha, hereinafter called the Sangstha instituted the aforesaid Miscellaneous Case No. 117 of 1983, in the Court of District Judge, Dhaka against the appe......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......ent which the learned District' Judge granted on 27th Mai en 1984, on the finding that the Sangstha had a strong prima facie case against the appellants as well as respondent Nos. 2-6. The learned Judges of the High Court Division on finding that the District Judge was justified in passing the o..Category: Business or Commercial Law | Date: | Hits: 100
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......ught to the effect that a sale-deed dated 9-9-59 purportedly executed by the respondent was void, and in the other suit, T.S No. 87 of 1969, recipient of the sale-deed namely, the appellant prayed for establishment of her title on the basis of the said sale-deed. The sale-deed has been held 'voi......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......stinguishable and in view of a number of reliefs having been prayed for in that suit, which was for both declaration and cancellation, this view was expressed as an obiter; but two out of the five Judges constituting the Full Bench did not fully share this view of Sulaiman, CJ. In a subsequ..Category: Property Law | Date: | Hits: 86
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. Order of the Court By the majority decision, the appeal is disÂmissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......t has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against any order or action under the Act…………..(20) The Act itself provides remedy for any mala fide action in respect of acquisition under the Act and the appellant took advantage of......r Chowdhury, J. Order of the Court By the majority decision, the appeal is disÂmissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......e is no justification for requiÂsition and acquisition of land for MadÂrasah." 8. Defendant No.1 preferred Civil Revision No. 128 of 1978 before the High Court Division, Chittagong. The learned Judges of the High Court Division, after hearing the parties, set aside the judgment of the Subordin..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......0th May, 1983. 2 Facts as stated in the ejahar which was recorded by Officer-in-Charge, Kuliarchar P.S. are that on the night of 31st Bhadra, 1386 B.S. corresponding to 17th September 1979 when; informant Majeda Khatun was sleeping with her husband Idris Miah and two daughters, Minara Khatun and ......nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ...... 9. The learned Judge of the High Court Division who heard the aforesaid appeal against their conviction and sentences confirÂmed the conviction under the aforesaid secÂtions 302/34. The learned Judges, however, confirmed the sentence of the appellants under sections 302/34 of the Penal code bu..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of SuborÂdinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......sion, Comilla (Mr. Justice A.T.M. Afzal and Justice Nurul Huque Bhuiyan on 30th October 1984). 2. Respondent No 1 instituted Title Suit No. 181 of 1979 in the court of Subordinate Judge, Noakhali for declaration that the suit land was not vested and non-resident property. Allegations were that t......1979 of the Court of SuborÂdinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......n case and struck out the name of defendant No. 1 from the plaint. Defendant No. 1 then filed Civil ReviÂsion No. 140 of 1983 under section 115(3), C.P.C. before the High Court Division. The learned Judges of the High Court Division who heard the aforesaid revision affirmed the judgment of District..Category: Property Law | Date: | Hits: 42
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......tal without complying with the provisions under section 265F Cr.P.C. In a criminal trial the State being the prosecutor, it was the duty of the State to secure attendance of the witnesses and for any reason, if needed, the process of the court if should be issued on the application of the pr......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ...... nothing illegal in the impugned order not with standing our concern that offence under Sections 302/34 Penal Code involving so many persons escaped trial in the court of law. The learned Judges, however, noticed that the case was pending since before 8.8.83 and it had to be disposed of ..Category: Criminal Law | Date: | Hits: 38
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......testing witness to a document admitting such attestation cannot be allowed to turn back and assail the transaction, its nature, genuineness and its validity. There must be some tangible justification for making such a claim or resisting this consequences arising from the agreement……(12) ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......dgment and on their failure to do so, plaintiff was to get the kabala executed and registered through court, but upon appeal by respondent No. 1(d), being First Appeal No. 17 (C) of 1982, the learned Judges of the High Court Division dismissed the suit upon holding that as respondent Nos. 1 (c), 1(d..Category: Criminal Law | Date: | Hits: 88
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......t May 8, 1986. The Code Criminal Procedure, 1898 (V of 1898), Section 494 Under this provision of section 494 of the Code the Public Prosecutor alone is authorised to file an application for withdrawn of a case from the prosecution. In this case the Magistrate having passed the order of......rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......onal Applications on which the Magistrate's order was challenged before the High Court Division was not served upon the accused-petitioners. This point is found to have been considered by the learned Judges of the High Court Division who found that the accused-petitioners never surrendered before th..Category: Criminal Law | Date: | Hits: 71
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