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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. ......h 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) Lawyers Involved: Q. M. Salim, Adv......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. ...... to either of them. In a Full Bench case of Allahabad High Court, which was a case of an appeal received from the appellant through Jail, reported as I.L.R. Vol. 13 Allahabad 171, the majority of the Judges, Mr. Justice Mahmood dissenting, held the view that where an appeal preferred under section..Category: Criminal Law | Date: | Hits: 78
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ......between a firm composed of two partners and a limited company of which the said two partners are only shareholders, was not a business transaction entered into with the object of earning a profit. By forming a private limited company, the partners only adopted a different method of carrying on the s......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ......a sale with profit, the partnership firm is liable to pay income-tax on the difference between the price mentioned in the deed of sale and the written down value. The main ground on which the learned Judges of the High Court based their decision and upheld the contention of the Income-tax Department..Category: Fiscal/Taxation Law | Date: | Hits: 82
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......ent it decides a question of law or enunciates principle of law is binding on all other courts in Pakistan and all judicial authorities throughout Pakistan shall act in aid of the Supreme Court. Therefore the learned Judge of the High Court acted with impropriety in allowing bail to respondent No 1 ......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ...... to an accused person who had been refused bail by another Judge, it was observed by the Court; "It should also have been a matter of some concern to the learned Judge that one of his brother Judges had already dealt with the case and expressed himself strongly against the grant of bail b..Category: Criminal Law | Date: | Hits: 96
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......section 18 of the West Pakistan (Control of Goondas) Ordinance, 1959 to discharge the person complained against on final adjudication……………(7) Cases Referred to: Cf. R. vs. Twyford (1836) 5 A & E 430; Exh. P. Martin (1879) 4 QBD212; Ball vs. Nixon (1875) LR 10 QB 152; Nga Sen...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......o, inter alia, discharge a person from the declaration by the Tribunal that he was a goonda and to remove the restriction placed on his movements to specified limits. It was observed by the learned Judges that under section 19 of the Ordinance a revision lies to the High Court from the order passe..Category: Criminal Law | Date: | Hits: 49
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. ......ovember 25, 1970. The Bengal Municipal 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 va......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. ...... provision in the Bengal Municipal Act that a purchaser in a sale held under the said Act for the realisation of municipal tax purchases the property free from all encumbrances. 8. The learned Judges of the High Court on an examination of decision in the case of Corporation of Calcutta vs. Ku..Category: Banking Law | Date: | Hits: 230
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ...... of Pakistan, Karachi and ors.................................................................Respondents Judgment July 9, 1970 Seniority in Government Service Where Service rule provides for promotion as a result of examination, seniority will be counted from the date of selection for t......e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ...... point of time when selection and appointment of the successful candidates take place to receive the requisite training, as prescribed for the Engineering Supervisors under the rules. The learned Judges of the Division Bench have held that the date of reckoning the appellant's status as an "outs..Category: Employment/Service Law | Date: | Hits: 103
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......, 1958, section 2(3) A person in order to qualify himself as a “displaced person” must have a permanent residence or such continuous habitation in that part of British India which subsequently formed part of India with no immediate intention of leaving the same but for the reasons given in th......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......d the same but for the civil disturbances or the fear of such disturbances in that area. The Court also held that there was no contradistinction in the interpretation put by the learned Judges in the two cases, namely, Mahboob Elahi and others and that of Mrs. Keays Byrne. 18. It is..Category: Property Law | Date: | Hits: 61
....eby expunged.
The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 168. ......nt
June 17, 2002.
Result:
The controversial part of the judgment of the High Court Division is expunged.
The Constitution of Bangladesh, 1972, Article 41
i) It is in no way desirable for the higher court, whose decision has binding effect on the courts subordinate to it, to embark o......eby expunged.
The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 168. ......alled for as well as totally unconnected with and irrelevant to the subject matter of the suit recommendation for enactment of Unified Marriage and Divorce Act for all citizens contending the learned Judges of the High Court Division erred in not considering that Islam is a complete code of life of ..
Category: Family Law | Date: | Hits: 192
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
...., and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ...... March 18, 2001. The Code of Criminal Procedure, 1898 (V of 1898), Section 491 When an accused is on ad-interim bail for a limited period by the High Court Division, this Court has nothing to interfere…&hellip......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......n the convict managed to pay 50% of the fine imposed and thereafter the order of detention was passed. From the judgment of the High Court Division it appears that it is in the back of mind of the Judges that a person who was in custody of the State as a prisoner cannot be a factor for deteriora..Category: Criminal Law | Date: | Hits: 66
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
.... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ...... The case diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor. In a proper case for its satisfaction a Court may themselves peruse the dairy but it cannot be made a public documen...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ......y face illegal. He further submits that the case diary of any case is a secret document which cannot be made public by swearing an affidavit by the Investigating Officer as directed by the learned Judges of the High Court Division. It is contended that in case of necessity a competent Court may ..Category: Criminal Law | Date: | Hits: 65
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
.... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ......rd—For the Petitioners. Ozair Farooq, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record—For the Respondent Civil Petition for Leave to Appeal No. 1045 of 1999. (From the Judgment and order dated 13-5-...... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ......ing for the Bangladesh Road Transport Corporation- petitioner, submits that the order passed under Regulation 55(2) of Service Regulations 1990 is a termination simpliciter and as such the learned Judges of the High Court Division erred in law in holding the same to be mala fide one. &nb..Category: Employment/Service Law | Date: | Hits: 75
.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
...... judgment and order of the High Court Division dated 13th August, 1997 passed in Writ Petition No. 362 of 1997 making the Rule absolute.
2. Respondent Nos. 1 and 2 in both the appeals, filed the aforementioned writ petition seeking for Rule Nisi upon the respondents in the following term:
...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......n question and for the resolution of such question there are pending civil suits filed by the Society itself for declaration of their title to the disputed land was dismissed for default, the learned Judges of the High Court Division erred in deciding those disputed question of facts under the writ ..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ...... The Evidence Act, 1872 (I of 1872), Section 115 Recital in the document of sufficiently older period can be considered as clear evidence of representation made therein as enquiry for establishing truth of the same is impossible………………&hel......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......the judgment and order in Civil Revision No. 3399 of 1991 i.e. the Civil Revision filed by the plaintiff. 13. Leave was granted to consider the submissions that the learned Judges of the High Court Division erred in law in setting aside the concurrent findings of the cour..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ...... April 7, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Sections 233 & 239 The real and substantial test for determining whether several offences are connected together so as to form one transaction depen......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......the dying declaration Habibur Rahman, died on 15th June, 1989 long after 23 days but during these days also he did not mention the name of the petitioner as his assailant and, as such, the learned Judges of the High Court Division caused serious miscarriage of justice in affirming the conviction..Category: Criminal Law | Date: | Hits: 76
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ....................... Appellants Vs. Zafala Begum and others...............Respondents Judgment January 6, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Before allowing any amendment to the plaint the Court must come to a finding that such amendment is ne......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......and order should be avoided as far as possible and even the Privy Council in some cases observed that indiscriminate order of remand tantamounts to shirking the responsibility.” 19. The learned Judges of the High Court Division have not exercised there discretion judicially in remanding the su..Category: Procedural Law | Date: | Hits: 114
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......on 20 The Trusts Act, 1882 (II of 1882) Section 20B i) A society registered under the Societies Registration Act may invest its fund with the object of getting more money for spending in charitable purposes……………………......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......the BCA 1991 and without any determination of the issues and consideration of the interest of shareholders and other stakeholders of the general public. (iii) The learned Judges of the High Court Division acted wrongly in not holding that the Societies Registration Act..Category: Constitutional Law | Date: | Hits: 199
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......4, Part I & II Respondent Harunur Rashid by inflicting the injury on the chest of Fakku Mia resulting in the death of the victim committed an offence under section 304 Part-I of the Penal Code for causing the bodily injury as was likely to cause death and, in fact, the death was caused and in...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......utopsy respectively on the dead bodies of Fakku Mia and Bakul Bibi corroborated the injuries sustained by Bakul Bibi and Fakku as stated in the dying declaration. We, therefore, hold that the learned Judges of the High Court Division did not correctly follow the rules of appreciation of the evidence..Category: Criminal Law | Date: | Hits: 55
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......olved: Mr. Md. Nowab Ali, Advocate-on-Record- For the Petitioners Not represented- Respondents Judgment 27 October 2002. Lawyers Involved: Civil Petition for Leave to Appeal No. 825 of 2000. (From the judgment and order dated 07-08-2000 passed by......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......t prefer any appeal before the High Court Division paying 50% of the decretal amount and without filing an appeal, the petitioner filed Writ-petition before the High Court Division and the learned Judges of the High Court Division summarily rejected the application. 5. Mr. Md. Nowab Ali, t..Category: Banking Law | Date: | Hits: 120
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......ittagong. His father was appointed as Marriage Registrar of Patenga, Halishar, Agrabad and Rampur area under Double Mooring Police Station of Chittagong District and on his leave from December 17, for 10 weeks for illness the writ petitioner was appointed as Nikah Registrar giving temporary lice......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......ce of Nikah Registrar of Ward No.24 of Chittagong City Corporation, being allegedly not a permanent resident of the area. 19. On perusal of the impugned judgment it appears that the learned Judges of the High Court Division did not consider this vital aspect of the case. 20. Though..Category: Constitutional Law | Date: | Hits: 178
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioners Not represented- For Respondent Civil Petition for Leave to Appeal No. 1605 of 2001. (From the judgment and order dated 29-04-2001 pa......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......ed in 40 DLR (AD) at page-170; the High Court Division made the Rule quite legally absolute obtained in the writ-petition. 10. In the aforesaid premises, we are of the view that the learned Judges of the High Court Division has rightly decided the case and there is no legal infirmity or i..Category: Criminal Law | Date: | Hits: 42
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