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Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ...... No. 43 of 1985. (From the Judgment and Order dated 21.1.85 passed by the High court Division, Chittagong in Civil Revision No. 128 of 1978). Judgment Fazle Munim CJ.— This appeal arises from Civil Revision No. 128 of 1978 decided by a Bench of the High Court Division, Chittagong (Mr. J......arred by any law. It seems that the High Court Division rejected the plaint on clause (a), in other words, that the plaintiffs have no cause of action since the plaint does not disclose of action independently of the requisition order. So, the plaint' is required to be rejected. 37. With res......r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....umber of witnesses to prove a case. A conviction can be founded even on the testimony of a solitary witness, if found competent and trustworthy. But the rule of prudence, if not rule of law, requires corroboration of such evidence. ………….(49) Case Referred To- Safdar Ali Vs. Crown, 5 DL......iminal Appeal No. 58 of 1983. From the Judgment and Order dated 30.583 passed by the High Court Division, Dhaka in Criminal Appeal No.3 of 1982. Judgment Fazle Munim CJ.-This appeal arises from Criminal Appeal No. 3 of 1982 decided by a Bench of the High Court Division, Dhaka (Mr. Justice......nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ...... land near her hut was stated to be the cause of this incident. On the following day the Officer-in-Charge of the Police Station, about 8 miles away, came to the spot having got information from some sources and recorded the First Information Report on a plain paper as stated to him by the informant..Category: Criminal Law | Date: | Hits: 56
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......s. Civil Appeal No. 17 of 1986. (From the Judgment & Order dated 20.11.85 passed by the High Court Division, Dhaka in Matter No. 13 of 1986.) Judgment: Fazle Muim CJ.-This appeal arises from, Matter No. 13 of 1985 and was decided by the Company Judge of the High Court Division, Dhaka......management of the internal affairs of the Company either as a share-holder or director of the company. If necessary the Court may, in exercise of the powers conferred by section 79(3), appoint an independent person to preside over such meeting. This may not be viewed as interference with the int...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......ent area. 2. Facts of the case, so far necessary for disposal of this appeal, are given below: The appellant's father Aminuddin took lease of a piece of land in Dhaka Cantonment Area for 99 years from the then President of Pakistan in 1966 and constructed a house thereon which was numbered as Pr......Officer as rent of the premises 8. Be that as it may, in a suit for ejectment of a monthly tenant it is the tenant who is the only person acquainted with the facts of the case to contest the suit, independent of any other question. In this suit the Military Estate Officer in view of the statuto...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......l did not find any truth in the allegation that the appellant bed got 498 votes as against 1100 votes of the returned candidate, but found the numerical counting of the Presiding-officer correct. But from 444 votes of the appellant the Tribunal rejected one vote as invalid, and from 1135 votes of th...... held that the 4M Form was not submitted to the Returning Officer by the Presiding Officer who thereby contravened the mandatory provision in rule 40 of the Election Rules, 1983, and concluded that independent of any other questions, contravention of the mandatory provision as to Form 'M’ vitiat......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......p; 164 of 1983. From the Judgment and Order dated 27.6.83 passed by the High Court Division, Dhaka in Civil Revision Nos. 103 & 153 of 1983. Judgment Fazle Munim CJ.-These appeals arise from Civil Revision Nos. 103 and 153 of 1983 passed by the High Court Division, Dhaka disposed of on......ould only enquire whether the order of the Joint Secretary was male fide or arbitrary or was based on sufficient materials and it did not fall within the domain of the Civil Court to embark upon an independent enquiry to determine which hat was older; that Civil Court should not have, therefore, d......ich brings in custom. It is the one thing which distinguishes an old-established business from a new business at its first start. The goodwill of a business must emanate from a particular centre or source. However widely extended or diffused its influence may be goodwill is worth nothing unless ..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......udgment and Order dated 28.11.84 pasted by the High Court Division, Rangpur in Criminal Misc. Case No. 24 of 1984 and Suo Motu Rule No. 41 of 1984. Judgment: Fazle Munim CJ.-This appeal arises from the Judgment and order in Criminal Miscellaneous Case No. 24 of 1984 and sue motu Rule No. 41 o......pt. It is generally known to our people, used as they are in the functioning of an independent judiciary for upwards of a century, that the Munsif is the lowest-level representative of an independent organ of the State. Our people have not seen and are not used to seeing a pliable or a......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ..Category: Criminal Law | Date: | Hits: 49
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......claration mentioned above. His case was that Amir Ali Mia had three wives. His first wife Sakina Bibi had several issues but all of them died during their infancy. His second wife was a tribal lady from Siliguri named Zohura Khatun who had no issue and as such she with the permission of her husban...... the offspring of Amir Ali through any of his wives is not a legitimate son of Amir Ali and, on this finding, decreed the suit. On appeal, the learned Additional District Judge also arrived at his independent finding that Amir Ali had only three wives that he had no wife named Monowara Begum wh...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......ount importance in appointing guardian. Welfare of the child is to be considered while appointing guardian of the minor consistent with personal law to which the minor is subject to. Deviation from Hanafi School of Law is permissible for appointment of guardian, on the paramount consideration......ifferent age limits for boys and girls with respect to their hizanat. In Hedaya, it is stated: "The right of hizanat with respect to a male child, appertains to the mother, until he becomes independent of it himself, that is to say, he becomes capable of shifting, eating, drinking and pe......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......e learned Single Judge of the High Court Division rightly interfered with the appellate Court's judgment holding that the respondents are tenants of the plaintiff-appellant and shat they are estopped from questioning the appellant's title in the suit-premises. The order impugned of the High Court ......irs (including defendant No.1) continued to possess the premises. This is "holding over", for without Kala Mia’s tenancy they could not have entered upon possession particularly when the claim of independent title by purchase has fallen through. They say that they did not pay any rent to the app......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ...... respondent an employee of the Land Mortgage Bank is a Government Servant, and as such, is entitled to protection of Article 135 of the Constitution of Bangladesh, now under suspension. This arises from Civil Revision No. 525 of 1980. 2. Respondent-plaintiff was appointed as Searching Clerk of ...... The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separate entity of its own, independent of any Government department. Government Servant While serving under the co-operat......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....ge Dudhiagacha where the incident took place. It is understandable that no relation or inmate of the house of the accused would depose in favour of the prosecution, but for the purpose of general corroboration to the incident, some people of the neighborhood should have been examined. The Inve......l Islam, the deceased and younger brother of P.W. 2 Aizuddin, father of the deceased. Deceased Nurul Islam had married Santusti Begum, daughter of accused Mujaffar Ali of village Dudhiagacha, 4 miles from the informant's house, about 1 ½ years before the incident in question. On a dispute about pay...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ..Category: Criminal Law | Date: | Hits: 60
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......38 (3) is that if and when the Company Judge directs an issue to be tried in connection with an application under section 38 of the Companies Act in which any question of law may be raised, an appeal from the decision of the Company Judge on such an issue shall lie to the Appellate Division direct......………..(14) The Petition containing the prayer for winding up of the company and the rectification of the share registrar being not entertainable, two separate petitions with prayer aforesaid independently may be filed before the Company Judge and both the Petition may be heard and disposed ...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ..Category: Company Law | Date: | Hits: 195
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......hy;sion to satisfy itself whether the person concerned "is not being held in custody without lawful authority or an unlawful manner" depends on the contingencies that he should be brought from custody and that he should be held in custody, it follows that it must continue in custody til......ate custody." As regards jurisdiction, it is stated in Article 45 at page 27 of the same volume that "The right to the writ is a right which exists at common law independently of any statute, though the right has been confirmed and regulated by statute." ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......sp; A. T. M. Masud, Deputy Attorney General instructed by A. M. Khan Chowdhury, Advocate-on -Record—For the Respondent. Criminal Appeal No. 9-5 of 1971. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca on 27th May, 1970, in the Crim......ce as well. So we find it difficult to accept the contention that the learned Magistrate has not committed the petitioner on legal evidence." 5. There is no reference to any independent circumstantial evidence of incriminating nature against the appellant either in the ord......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....e came. Their Phufa Yasin also came out from his hut. They nariated to them the occurrence they had seen. Complainant P.W. 1 Rahimuddin Sarkar and P.W. 5 Rokunuddin who are two brothers deposed in corroboration of the prosecution case. They are neighbors of Yasin, father of the prisoner. Their h......awyers involved: Abdur Rashed, Advocate— For the Appellant. Khan, Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1972. (On appeal from the judgment and order of the erstwhile High Court, Dacca dated 8-7-1970. Passed i......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......and decree dated 20.8.1976 passed by the High Court Division in F.A. No. 97 of 1965). Judgment: Shahabuddin Ahmed J: This appeal by special leave arises from a judgment and decree of the High Court Division dated August 20, 1976 reversing the judgment ......ntainability of the suit taking the ground that the suit was not maintainable without a declaration of plaintiffs' title to the land as they were out of possession all through. He claimed independent title to the suit land on the basis of purchase. He contended that the sale-deed execut......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 54
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ...... be the decision of Jamuna Oil Co. Ltd. for the purpose of its management. With great respect, there is no legislative support for such conclusion. The law has not exempted the Jamuna Oil Co. Ltd. from the provision of the Companies Act. Had it been the case the legislature would have said so. ......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......e is illuminating- "Even if the number of members falls below that required by statute, the company continues to have a separate corporate existence. This fact can be a source of considerable embarrassment, particularly in a private company, for it may happen th..Category: Business or Commercial Law | Date: | Hits: 107
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......tablished self-set rule which says, the Court will not declare a law unconstitutional, if the case in which the question is raised can be properly disposed of in some other way. I, therefore, refrain from striking down the section as unconstitutional in adherence to the principles set out herein. ......tled to equal protection of law. The formula as stated in the Article contains the English concept of equality before the law and the American concept of equal protection of the laws. These are not independent or sever-able concepts in their application and will often be found to overlap each othe......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......vil Appeal Not. 196 of 1979 and 65 of 1980 Involved in a common question of law, they were heard analogously and this judgment will govern both the two appeals. Civil Appeal No. 167 of 1979 arises from the judgment and order of a Bench of the High Court Division passed in Writ Petition No. 471 of...... originally created, it may be said that such company or enterprise has maintained its corporate character. If this it not so and its functioning is seen to be controlled by the Corporation, whatever independent entity it might have before its becoming a nationalised enterprise or company is submerg......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
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