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Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......rney-General appearing for the Caveator pointed out that the concept of "Permanent Bench" is nothing new and extensively referred to the establishment of the permanent Benches of the High Court from the Indian Jurisdiction. The learned Attorney-General contended that the establishment of the P...... (The High Court of Bangladesh Order 1972) "the High Court at Dhaka shall be deemed to have ceased to exist on the 26th day of March, 1971. 48. It is common knowledge that Bangladesh emerged as an independent country on 16th December, 1971 when the liberation struggle ended. Provisional Const......dum. In Indian jurisdiction the contention that preamble should be regarded as "guiding star" has been repelled (See Gopalan vs. Stale of Madres 1950 S.C.R.88 (120,198). Nor it has been regarded as a source of any substantive power (See Beru Bari Union A.I.R.1960 SC. 845). 55. It is needless to p..Category: Constitutional Law | Date: | Hits: 1934
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......st Abdul Jabbar, Lokman Ali and Pir Ali since dead being proved is sustained. In the facts and circumstance of the case, the right of private defence of life was not available to the appellants since from complainant party they had no reasonable apprehension either of imminent death or of grievous h......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......Rahman's paddy. He reported the matter to Bazlur Rahman. He has denied the defence suggestion that he belonged to the party of Bazlur Rahman — a suggestion — which finds no support from any source. P.W.1 (Bazlur Rahman's father) pleaded ignorance whether the appellants' Plot Number was inc..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......al, against the provision of contract, malafide, unauthorised, void and not binding upon plaintiff and other loanees; (d) that a decree of permanent injunction be passed restraining the defendants from demanding or realising interest and/or monthly repayment from the plaintiff and other loanees w......ing the provision of the mortgage deed. The learned Judge further look the view that the mortgage should not be taken as part of the contract and according to his view "it is a separate, distinct and independent transaction from the contract of loan." It was further found that the rate of interest h......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......al is not available, reason for non availability must be given…………………..(14) Though objection was not raised when the Photostat copy was filed, the party producing it was not exempted from explaining in the course of recording evidence, why the original was not produced. Besides this......not exempted from explaining in the course of recording evidence why its original was not produced. Even assuming this is not admissible in evidence, the appellants' case of amicable partition stands independent of Ext. 16 as other evidence and circumstances including the previous judgment are qui......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
.... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......sain, Assistant Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondents. Civil Appeal No. 59 of 1986 Judgement ATM Afzal J. — This appeal by leave is from judgment and order dated 25 August, 1986 passed by a Division Bench of the High Court Divisio......r" of Narcotics and Liquor was substituted. By section 3(1) (b) of the Finance Ordinance, 1983 the words "Commissioner of a Division" are omitted. Thus the Department of Narcotics and Liquor became independent of the District Administration and the Divisional Commissioner. The Controller of Narc...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..Category: Others | Date: | Hits: 125
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......ad in the district of Gopalganj which was held on 10.2.1988. He filed his nomination paper but it was rejected by the Returning-Officer on the ground that he defaulted in repaying loan taken by him from the Janata Bank and Krishi Bank and as such he was disqualified from seeking election under sec......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
...... Legislatures on their respective fields the Supreme Court found no discrimination as alleged by the respondent. In the instant case Kh. Mahbubuddin Ahmed's argument may be acceptable so far as the source of authority of making law is concerned, that is, Parliament, in that both the Representation..
Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......ng Company in liquidation to file a suit or making an application to protect its interests by overcoming any bar of limitation under the ordinary law and for that purpose this law excluded the period from the presentation of an application for the winding up to the institution of the suit in computi......chaser, Defendant No. 3, the High Court is found to have rightly rejected his plea of bonafide purchase as evidence shows that he being father of Defendants No.1, residing in same house and having no independent income, was in the picture all along. The question of res Judicata, because of the jud......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..Category: Banking Law | Date: | Hits: 103
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......of a loan, even though the principal debtor remains liable for the same. The creditor can sue the guarantor in preference to the principal………………….(58) When a person contracts a loan from a banking institution by offering valuable security but retaining its possession with itself, i......arantor to take reasonable care and skill obtain the best price reasonably obtainable. 24. Dr. Hossain then referred to the letters of guarantee furnished by respondents 2—6 for determining the independent nature of the liability irrespective of whether liability against the appellant company,...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......d as to show cause why disciplinary action should not be taken against him including dismissal. An enquiry Committee was formed and this Committee upon examination of documents, and statements from the plaintiff eventually found the appellant guilty of misappropriation upon a supplemen......and in holding that the principle laid down by the case of the New Dhaka Industries Ltd. applied incase of the petitioner without any finding as to whether the company concerned retained its independent and corporate character. This contention deserves our consideration." ......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ..Category: Employment/Service Law | Date: | Hits: 92
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......;……..Respondent Judgment March 22, 1984. The Income Tax Act, 1922 (XI of 1922) Section 15(1) (2) (3) (4) Sub-section (3) of section 15 gives exemption from tax. Bonus shares are "deemed to be income accruing to the Company during that yea...... bonus shares not being a portion of the total income cannot claim for exemption inasmuch section 15C postulates that the investment must be made by the assessee himself out of his own volition and independent decision whereas the investment in bonus share in question made by the Company is not s......mount of income profits and gain computed in the manner laid down in the Act referred to section 4(1):" Section 4 (1) says that total income includes all income, profits and gain from whatever sources derived upon certain circumstances. Explanation 4 to section 4 reads as under: ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......sion, in First Appeal No. 32 of 1978.) Judgment Fazle Munim CJ.- This appeal arises from First Appeal No. 32 of 1974 passed by the High Court Division on 11 August, 1982. Appe......ract or of the part performance thereof." 9. Mr. Khondker next contend that since the appellants have been in possession of the suit premises since 1950, asserting their independent title, the Courts should have found that they acquired title to the suit premises by ad......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..Category: Property Law | Date: | Hits: 36
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......0/- but the receiver "should also get at least his part bill money besides the Bank guarantee to be furnished by the Board of Trustees which they are willing to furnish now. Further it appears from the record that a sum of Taka 7,78,792/- was found to be payable to the receiver vide court's ......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......ote in passing that huge amounts of money had been shown as legal expenses. These expenditures are to be verified and checked, no doubt, along with the borrowing made from private source which invited criticism from Mr. Ahmed. 19. In view of the aforesaid we are of the ..Category: Property Law | Date: | Hits: 39
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
.... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ......ocedure, 1908 (V of 1908), Order 21, rule 32 A person disobeys an injunction not only when he fails to perform an act which he is directed to do but also when he does an act which he is prohibited from doing. It is imperative to find that the defendant had willfully disobeyed the order of the Cou...... Judge and affirmed the order of the trial court. The learned Single Judge noticed that the petition under Order 21, rule 32 was maintainable independently inasmuch as Rule 32 (1) CPC provides an independent remedy to the decree holder in case the judgment-debtor violated the order of prohibitor...... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ..Category: Civil Law | Date: | Hits: 114
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......sion, Dhaka in Civil order No. 13 of 1983.) Judgment Fazle Munim CJ.- This appeal arises from Civil Order No. 13 of 1983 passed by the High Court Division, Dhaka January 11, 1983. ......ertained in the plaintiff suit, Mr. Rahman submitted that set-off is a defence which can be compared to a shield, whereas counterclaim is an attack which can be used as a sword. Set off has no independent existence like a counter-claim, its fate is dependent upon the plaintiff's suit. Set-of......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ...... Welfare Trust........................Respondent (In all the cases) Judgment February 6, 1984. The Income Tax Act (II of 1922) Section 4 (3)(i) For an income derived from business of a trust the exemption under the Income Tax Act will not be available unless among ......ying out of any primary purpose of the trust". This contention was rejected by the Lahore High Court which found that clause (i) is not governed by clause (i-a), that these two provisions are independent of each other, that two separate classes of exemption were provided in these provisions......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......Abdul Quddus had land on the eastern side of the house of informant Dr. Mukbul Hossain. The accused grew IRRI paddy in that land and occasionally when he used to go there to give water in that land from his shallow tube‑well he would take rest in the outer house of the informant. According...... law in upholding the conviction and sentence of the appellant on the basis of the evidence of only one eye‑witness PW 2 Rowshan Ara @ Mina which was not corroborated and substantiated by any independent disinterested witness, that the High Court Division did not give sufficient importance ...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......1986). Judgment: ATM Afzal J.- This appeal by the plaintiffs' following leave, arises out of a suit, Title Suit No. 432 of 1983, for ejectment of the defendant respondent, a monthly tenant, from the suit premises and is directed against the judgment and order dated 1st April, 1987 passed b......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......erments made by the plaintiffs and further asserting, inter alia, that he is a respectable physician, he carries on his profession and the business of medicine in the suit premises and it is the only source of his income; that the plaintiffs' predecessor and the plaintiffs refused to accept the pres..Category: Tenancy Law | Date: | Hits: 101
State Vs. Shafique and others, 1991, 20 CLC (AD)
....firmities. In the confessional statement Abid Ali though has implicated himself, the learned Judges in the facts of [fie case did not consider the confessional statement to be true. There being no corroboration on any material particular of the confessional statement itself, the learned Judges r......The death Reference No. 1 of 1983 was also rejected by the High Court Division. 2. In the same appeal before the High Court Division, the learned Judges affirmed the conviction and sentence from the same Sessions case of petitioners Khokan and Shah Alam @ Shanu. They have filed Criminal P......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 49
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......n J.- I have read the draft judgments of brothers ATM Afzal and Latifur Rahman, JJ; I concur with the decision of ATM Afzal, J. ATM Afzal J.- This appeal by leave at the instance of the State is from an order of acquittal under sections 302/109 Penal Code passed in favour of the respondents by ......leave the house, go by a bus to a place which is 15/16 miles away from home unless he k taken by his elderly associates and adult boys as in the present case. The deceased being a minor boy his going independently is doubtful and I consider this minority of the boy to be another factor by which the ...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......gh Mr. AM Rashiduzzaman, Advocate, who once informed them that time had been granted by the court for filing the written statement, but the company did not receive any other or further information from him and was under an honest belief that their learned Advocate would inform them about the dat......fore dealing with the proceeding on merits." 7. The respondents, on the other hand, contend that section 5 of the Limitation Act itself does not postulate making of a separate and independent application for condonation of delay. In support of this contention they have cited Cho......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ..Category: Procedural Law | Date: | Hits: 104
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