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Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......No. 295 of 1969). Judgment: MH Rahman J: Respondents filed Title suit No. 21 of 1966 for a declaration that the order dated 17th December, 1963 of the Additional Deputy Commissioner (R......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......ents. The further recital was that the entire immovable property belonging to the owner was released in favour of the recipient without any consideration. So, in the fact of that case, the learned Judges of the Supreme Court of India held that whatsoever may be the form of the document, in subst..Category: Others | Date: | Hits: 178
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......and law involved in the two appeals being the same, they have been heard analogously and will be disposed of by this judgment. 2. Respondent No. 1 Anis & Co. (in both the appeals) brought the aforesaid Writ Petition on 2.1.91 calling in question the letter dated 23.12.90 of the Collector of C......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ...... same book (Thirteenth Edition) Vol. 2, page 1139 which under the heading Effect of transfer of bill of lading' says that: 1623.There have been great difference of opinion among learned Judges as to legal effect of a transfer of a bill of lading, duly endorsed, in regard to the vestin..Category: Business or Commercial Law | Date: | Hits: 130
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......tter and submitted a report in Non FIR Case No. 50 dated 19.3.84 giving rise to Non GR Case No. 77 of 1984. In the said report it was stated that upon investigation it transpired that the wife of aforesaid Ali Akbar, Amena Khatun had purchased the disputed land by kabala and been possessing the ...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......taking into account that the first party being the owner of the disputed land was entitled to possess the same which was in the r possession of his bargadar, namely, the second I party. The learned Judges also observed that the learned Magistrate had categorically found that the second party was..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......, Barguna in Sessions Case No. 52 of 1958 convicting the three appellants under sections 302/34 of the Penal Code and sentencing appellant Nos. 1 and 2 to death and appellant No. 3 to imprisonment for life. 2. The present case arises out of a Suo motu First Information report filed by Ta......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......orture and threat which they subsequently retracted. The accused persons were innocent and they have been falsely implicated in this case. 4. Both the learned Sessions Judge and the learned Judges of the High Court Division in appeal on consideration of the confessional statements and oth..Category: Criminal Law | Date: | Hits: 69
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ...... Appeal No. 343 of 1970) Judgment: ATM Afzal J: In this defendants' appeal by leave, the short question for consideration is whether the High Court Division was justified in the circumstances of the case......sp; Ed. ......t; The learned Advocate submitted that unless the plaintiff appellants were allowed to examine fresh witnesses their case would remain not proved and they would suffer irreparable loss. The learned Judges being apparently impressed by the said submission, by the impugned judgment and order passed..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......rder dated 10th July, 1986 passed by the High Court Division, Dhaka in Writ Petition No. 547 of 1985). Judgment MH Rahman J: Respondent No.2 instituted industrial Relations Case No.73 of 1985 before the First Labour Court, Dhaka under section 34 of the industrial Relations Ordinance, 1969, in ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....ew that in a habeas corpus review the superior court should riot question the correctness of the recital in a return to the writ and that the truth of the return may be impeached in a proceeding of contempt of court for making a false return. While the prisoner will be languishing in jail because......the appellant challenged the detention of her husband, Abdul Kader Siddiqui, by an order dated 13th January, 1991 under section 3(1)(a) of the Special Powers Act, 1974. Her case, in brief, is that for recognition of his contributions in the liberation war the detenu was awarded the second highes......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..................... (All Martial Law Courts) Dacca ………………………………… (All District and Sessions Judges) …………………………&hell..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ...... under sections 302/34 and 120B of the Penal Code passed by the Additional Sessions Judge, Court No. II, Jessore in Sessions Case No. 887 of 1982, by altering the sentence of death to imprisonment for life, under sections 302/3 34 of the Penal Code. 2. PW 1 Kulsum Bibi, second wife of dec......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......;accused Md. Ezahar Ali under sections 302/34 of the Penal Code and sentenced them to death under sections 302/34 and 120B of the Penal Code. On appeal by the five condemned prisoners, the learned Judges of the High Court Division affirmed the order of conviction but altered the sentence of deat..Category: Criminal Law | Date: | Hits: 68
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......ted against the order of refusal of their bail by the Division Bench of the High Court Division, Dhaka in Criminal Miscellaneous Case No. 398 of 1990. 2. The short fact that will be relevant for disposal of this appeal is that, appellant No. 1 lodged a First Information Report with Jaganna......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......rst Information Report and also in the statements of the witnesses recorded under section 161 of the Code of Criminal Procedure that the appellants committed the murder of Nurul Islam, the learned Judges correctly exercised their judicial discretion in refusing bail of the appellants. 4. ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......;This appeal raises a complex question of interpretation of Section 20(5)(c)(ii) of the State Acquisition and Tenancy Act 1950. The facts are that the plaintiff-respondents instituted a title suit for declaration of title and for khas possession of the suit lands after evicting the defendants th......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......ned Subordinate Judge, found the decision of the Revenue Officer valid and the plaintiffs had no cause of action and so he dismissed the suit on contest with costs. 3. On appeal the learned Judges of the High Court construing s. 20(5)(c)(ii) of the Act held that two consequences of the la..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......itioner with all back wages and benefits attached to the same. The High Court Division discharged the Rule issued earlier thus upholding the order passed by the Labour Court. 2. Short facts for disposal of the case are that the appellant is a Co-operative Society registered under Co-opera......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ...... From the above section it appears that no Civil or Revenue Court shall have any jurisdiction in respect of any dispute as required under section 86 of the Co-operative Societies Act. The learned Judges of the High Court Division relying on the case of M/S Co-operative Milk Societies Union Ltd...Category: Labour and Industrial Law | Date: | Hits: 144
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......minal Revision No. 516 of 1967). Judgment: Ahsanuddin Choudhury J.—This appeal by special leave is for expunction of some remarks made by a Single Judge of the erstwhile High Court of East Pakistan ......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ...... Md. Amirul Islam........... Appellant Vs. The Hon'ble Judges of the High Court Division (Sc) of Bangladesh and Govt. of Bangladesh …… &hell..Category: Others | Date: | Hits: 157
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......to examine the following points:— (1) Whether an accused public servant falling in the category mentioned in section 197, Cr. P. C. is entitled to protection under the section before any evidence whatsoever is let in, suggesting that the said public servant was engaged in t......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......anction under section 197, Cr. P. C. was necessary to prosecute the respondent who, in the discharge of his official duty, acted beyond the scope thereof. It was, therefore, urged that the learned Judges of the High Court seriously erred in not holding that the courts below dismissed the petitio..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. .......—This appeal by special leave is against a judgment of a Division Bench of the High Court of Bangladesh. 2. The appellant Tozammel Hossain along with 17 others was placed on trial before the Additional Sessions Judge, 1st Court, Sylhet in connection with an occurrence involving t......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ...... Code of Criminal Procedure but applied under section 439 Cr.P.C. for revision on the ground that Kishan Singh should have been convicted of murder and that the sentence was inadequate. The learned Judges of the Allahabad High Court altered Kishan Singh's conviction under section 304 into one und..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....here upon the Munsif started a Miscellaneous Case being No. 127 of 1966 and having completed the enquiry found the Chairman, Municipal Committee and the Commissioner, Dacca Division not guilty of the contempt of court as the order of temporary injunction was not served on them prior to the holding o......l Committee, (3) The Commissioner, Dacca Division and Controlling Authority of Municipal Committees and (4) Government of East Pakistan (now Bangladesh) in the Fourth Court of the Munsif, Narayanganj for permanent injunction restraining them from holding the meeting of the Municipal Committee fixed ......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. .......—This appeal by special leave is against an order of a Bench of the Dacca High Court discharging a rule, arising out of a Writ Petition under Article 98 of the Pakistan Constitution of 1952 for default. 2. The appellant is the Secretary of Khulna Sebasram which is an Association r......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......oner's Advocate having come to learn that his case had been taken up for hearing rushed to the Court for representing his case but that when he reached the Court room he found that the learned Judges had already discharged the rule for default. No statement appears to have been made on behal..Category: Procedural Law | Date: | Hits: 89
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......g, calendar printing on papers and also printing on tiny. The relevant assessment years were -1956-57, 1957-58 and 1958-59 and the rates of gross profits were shown at 34%, 33.6% and 35% respectively for the said years. The Income-Tax Officer on a consideration of the return filed by the assesse......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......r the High Court correctly interpreted the provision of section 13 of the Income-tax Act. 12. Mr. A. W. Chowdhury, learned Counsel appearing for the appellant, has submitted that the learned Judges of the High Court erred in failing to interpret correctly the provision of section 13 of t..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......venue authorities viz. the Income-tax Officer and the Appellate Assistant Commissioner took the view that the commission earned by the appellant as well as the office allowance received by it, for the works done in India as well as Pakistan and as such assessable under section 42 of the......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......n of the Supreme Court of Pakistan in the case of Messers Octavius Steel Company Ltd. Vs. The Commissioner of Income-tax, Dacca reported in 12 DLR (SC) 121 same case in PLD 1960 SC 371, the learned Judges of the Dacca High Court held that the Managing Agency for the purpose of managing the ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......is against a judgment of a Bench of the High Court Division and it arises out of an application filed under Article 102 of the Constitution of the People's Republic of Bangladesh. Leave was granted for interpretation of Articles 4 and 8 of President's Order No. 16 of 1972 (The Bangladesh Abandoned......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ...... is in the possession or under the control of the Government under any law for the time being in force." 5. The learned Attorney-General for the Government-Appellant has contended that the learned Judges of the High Court Division misconstrued the provisions of Articles 4 and 8 of the Order. Hi..Category: Business or Commercial Law | Date: | Hits: 129
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......l by special leave is against a judgment of a Division Bench of the Dacca High Court in a Second Appeal, setting aside an appellate judgment of reversal and dismissing a suit brought by the appellant for declaration of title and recovery of possession. 2. Plaintiff's case is that the property in......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......High Court it was heard by a Division Bench of the said High Court who allowed the appeal and dismissed the plaintiff's suit, reversing the relevant findings of the Court of appeal below. The learned Judges of the High Court were of the view that in reversing the findings of the Trial Court, the lea..Category: Tenancy Law | Date: | Hits: 68
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