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Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....sel for the appellants in CA 23/91 have, however, contended that the bill of lading merely represents the goods but the right of property in the goods depends upon the transaction between the parties independent of the bill of lading. 24. In Charlesworth's Mercantile Law (Eleventh Edition) (Civil......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. ..Category: Business or Commercial Law | Date: | Hits: 130
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....upon which an order of conviction can be reasonably based. While discussing this aspect of the matter the High Court Division observed that PW 5 is a neighbour of the informant who appears to be an independent and disinterested witness. He stated that the informant and other witnesses told him a......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....proceeding under section 145 Cr.P.C. was drawn up on 22.3.84 following a police report. The second party, on the other hand, claimed possession not as bargadars of the first party but in their own independent right as purchasers of the disputed land. Therefore, it is clear that although the seco...... 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 ..Category: Criminal Law | Date: | Hits: 53
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....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. ......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. ..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....arned Judges of the High Court Division believed the evidence of these two eye‑witnesses and held that the confessional statement of the co‑accused has been sufficiently corroborated by independent and reliable witness. 6. Leave was granted to consider whether the substantive e......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. ..Category: Criminal Law | Date: | Hits: 68
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. ......e question whether the appellant had any income, profits or gains at all in the then Pakistan within the meaning of sub-section (1) of section 42, but no objection was taken by it to the method of appointment followed -by the Revenue. 8. Mr. Hafizullah, the learned Counsel, arguing the ca..Category: Fiscal/Taxation Law | Date: | Hits: 114
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....t the provisions of Order XXI being applicable to the execution of the order of pre-emption in view of section 96 of the Code, as we have already so held, the position of Respondent No. 1 claiming independent title to the pre-empted land is, however, covered by some positive provisions of the sa......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....ional District Judge also came to the finding on a consideration of the other evidence on record, that the witnesses examined on behalf of the defendant could not be relied upon but P.W. 3 and 4 were independent, disinterested and competent witnesses and held, on the basis of the testimonies of the ......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. ..Category: Tenancy Law | Date: | Hits: 68
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ...... Chandra Bhattacharya, J.—This appeal by special leave is against an order of a Division Bench of the Dacca High Court refusing to exercise its revisional jurisdiction to interfere with an order of appointment of a receiver under Order 40 rule 1 of the Code of Civil Procedure in a suit for partiti..Category: Property Law | Date: | Hits: 93
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ......e 7th April, 1969 withdrew himself from the office of the Arbitrator. Respondent Firm thereafter prepared an application under section 8 of the Arbitration Act in which three names were suggested for appointment of arbitrator and served a copy of the said application upon the appellants asking them ..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....of the Bombay High Court. The same language of Letters Patent of the Calcutta High. Court is there. This decision however does not help us. Firstly, we are to interpret the Constitution of an independent country. The constitution is Supreme. It is suijuris. The language of the Constitu......urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... and the margin of difference in favour of the appellant increased instead of decreasing. 7. Mr. B. N. Chowdhury for the respondent Nani Chandra argues, that each ballot paper is an independent piece of evidence, and therefore rightly admitted into evidence and if from the ballot ...... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ..Category: Others | Date: | Hits: 101
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295....... enroll him as the Mutwalli of the said Wakf Estate claiming to be eldest son of Amir Ali Mia, the previous recorded Mutwalli. On May 3, 1967 the Commissioner of Wakfs rejected his prayer for appointment as Mutwalli on the ground that the late Md. Amir Ali Mia had filed an affidavit wherei..Category: Trust/Waqf Law | Date: | Hits: 182
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... for the said purpose. 13. It is no doubt correct that when Court wants to stay the proceeding in executing of a decree, the validity of which is under investigation in an independent suit instituted in a court of co-ordinate jurisdiction, it can do so only by res...... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 61
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
.... the confessional statements of the co-accused implicating the respondents were no evidence against them and that they may be taken into consideration only for the purpose of lending support to any independent evidence which by itself should be sufficient to sustain their conviction. The impugned......boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 80
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ...... the context of these facts, the appellant Mansur Ali Ahmed, an Assistant Registrar of Co-operative Societies, Chittagong, was placed at the disposal of the Chittaranjan Cotton Mills Limited, for appointment as an Administrative Officer on Foreign Service basis. This was done on 19-5-69. The ap..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ......imately passed in to of the award. On appeal, a Division Bench of the High Court affirmed the decree passed by the trial court. 3. Special leave to appeal was granted to consider as to whether the appointment of the umpire made beyond one month from the latest date of the appointment of the arbit..Category: Business or Commercial Law | Date: | Hits: 86
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ......ith a sentence on stating that the Supreme Court does not interfere with legal sentence. It may, however, be observed that the set imposed should be commensurate with the gravity of the offence. This appointment of the right sentence is to be determined by nature of the criminal intent and the manne..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....rt would be rendered nugatory and of no avail. The interim Receiver's right to file the application therefore arises by virtue of the order of the insolvency court and not by virtue alone of any independent right of his." 26. The same view as to the locus stand of a simple creditor of a debt......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....h India, which has since been divided into three states, namely, India, Pakistan and Bangladesh, having almost the same legal system as contained in the Code of Civil Procedure. They are certainly independent sovereign states having distinct international personalities, but all of them having th......ve for special reason, employ the ordinary method of letter of request to the foreign Court in all cases (save in the case of United States) but if there be good reason for preferring the appointment of a Commissioner and the country in question is one of these mentioned in the ab..Category: Civil Law | Date: | Hits: 108
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