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Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......ak of any light inside the hut to enable their recognition of the assailants. PW 4 Nurul Islam, like PW 2, did not mention the name of Ali Mollah. These witnesses contradicted themselves as to the number of the accused who had allegedly entered into the hut. Although PWs 2 and 3 the alleged vict..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ...... execute it. Different High Courts took different views relying on either of the two decisions. In Mulraj Vs. Murti Raghunathji Maharaj AIR 1967 SC 1386 the Indian Supreme Court after considering a number of decisions of different High Courts approved the decision in Bessesswari Chowdhury's case ..Category: Property Law | Date: | Hits: 98
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......han 6 months had passed since the lodging of the FIR no chargesheet was submitted and that in similar other matters involving similar offences, the High Court Division itself had granted hail to a number of other former Ministers including the former Vice‑President of the Republic and thes..Category: Constitutional Law | Date: | Hits: 150
....eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
......rties, the details of which are strewn in the lengthy assertion and counter‑assertion of the myriad facts made in the respective petition and affidavits of the parties supported by an equally large number of documents. In the High Court Division various arguments were raised by both the parties wh..
Category: Property Law | Date: | Hits: 68
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......at the rule issued thereupon was made absolute and necessary direction was given for payment of the octroi. 3. Mr. Abdul Wadud Bhuiyan, learned Additional Attorney‑General, has urged a number of points in support of the contention that the property in question is totally exempt from ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......l by the appellant and defendant No. 2, the High Court Division fully concurred with the reasonings of the trial Court but allowed the appeal in part modifying the trial Court's decree insofar as the number of livestock in Schedule Kha and the amount of jewellery in schedule Ga are concerned and set..Category: Property Law | Date: | Hits: 52
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......h an oblique motive as argued by the learned Attorney‑General. 15. Whether stay of a criminal case should be granted or not on the ground of pendency of a Civil suit, the court has to consider a number of things such as, in the two proceedings whether the parties are the same, whether the subje..Category: Anti-Corruption Laws | Date: | Hits: 88
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......n support of their contention that the Constitution is to be strictly construed reliance is placed on In the matter of Reference by the Parliament of Pakistan 9 DLR (1957) SC 178. After considering a number of decisions and passages from Maxwell's. The Interpretation of Statutes, Cruise on Statute L..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ......tuent Assembly, there was a similar provision for reservation of 15 seats for women for ten years in addition to 300 seats for members of Parliament. By second Proclamation Order No. IV of 1978 the number of seats was increased to 30 seats and the period was extended to fifteen years from the da..Category: Constitutional Law | Date: | Hits: 191
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. ......lf of the releasor and attested by at least two witnesses. 11. I am in respectful agreement with the above two decisions of the Indian Supreme Court. These decisions have been followed in a number of decisions of different High Courts of India, namely, Lakshman Naik and another Vs. Smt. S..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. ......্বস্ত,স্বা/-অস্পষ্ট সহকারী পরিচালক 30. It is absolutely clear from the above letter that the respondent was required to comply with a number of conditions including obtaining permission from the CCI & E before it could even apply ..Category: Business or Commercial Law | Date: | Hits: 130
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. ......ion of the appellate forum has got no relevance in the instant case, there being no question of the power of an appellate authority involved in the matter. 12. Respondent No.2 has also relied on a number of decisions of Indian and English jurisdictions in support of his contention that the Labour..Category: Labour and Industrial Law | Date: | Hits: 103
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. ......ourth Schedule, and that the vires of that paragraph was upheld by this Court in Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 33 DLR (AD) 154. 14. The respondents cited a number of cases in support of their contention that Clause (e) in the Proclamation is directory in ..Category: Constitutional Law | Date: | Hits: 365
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......tion of Other Appeal No. 142 of 1976 and after a contested hearing the learned Subordinate Judge set aside the order of dismissal for default dated 12.11.79 and restored the appeal to its file and number, subject to payment of a cost of Tk. 400.00 by respondent No. 1 to the plaintiff ‑appe..Category: Property Law | Date: | Hits: 50
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ...... Proceeding is quite maintainable. 5. As appears, the question before us in this appeal is a question of great public importance. Both Mr. SR Pal and Kh. Mahbubuddin Ahmed cited before us a great number of decisions including some decisions from the Indian jurisdiction. Mr. Pal though he defends..Category: Tenancy Law | Date: | Hits: 97
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. ......ir representative capacity but not in their personal capacity. Calculated on this basis, the wakf-al-al-aulad estate will retain as much as it will be possible to retain above 100 bighas by as many number as the heirs will be in existence above ten. 15. We now turn to the contentions of t..Category: Others | Date: | Hits: 142
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. ......ot interpret the powers of an appellate Court under section 423 Cr.P.C. but they interpreted only the revisional power of the High Court under section 439 of the Code. 7. From citation of a number of decisions both in support of the majority as well as of the minority view, it is obvious ..Category: Criminal Law | Date: | Hits: 57
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. ......the remaining shares in such company in the prescribed manner on such terms as it deems fit. (2) Where under clause (1) the Government becomes the holder of more than fifty per cent of the total number of shares in the company, the Government 'may by cruder in writing, (a) dissolve the Board..Category: Business or Commercial Law | Date: | Hits: 129
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......keep of such a mosque, the dedication is not hit by the exception of the doctrine of Mushaa. In Yunus Mia, a Division Bench of the Dacca High Court has taken same view after reviewing a large number of authorities on-the subject and referring to Md. Ayub Ali's case. It has been held that wa..Category: Trust/Waqf Law | Date: | Hits: 239
.... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ......ntiff. It seems to us, that this view of the High Court does not state the correct view of law on the presumption arising from the record of right. Both the learned counsel have on this point cited a number of decisions. Apart from the cited decisions, there are a large number of authorities on thi..
Category: Property Law | Date: | Hits: 82
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