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Abul Khair Vs. The State, 1992, 21 CLC (AD)
....has taken into consideration the statements of co‑accused Mosharraf and Mainuddin that condemned prisoner Abul Khair was present at the place of occurrence at the relevant time and has found corroboration of that statement in the evidence of this case. 16. Mr. Ahmed Ali next submits......ho by judgment and order dated 5.3.89 dismissed the criminal appeal filed by co‑accused Mosharraf and Mainuddin. 2. Only condemned prisoner Abul Khair has preferred this leave petition from the judgment of the Division Bench of the High Court Division dated 4.2.92. 3. Deceased......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 61
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......an Manufacturers and Industries Limited purchased "Ujala Match Factory" situated at Chota Katra, Dhaka in an auction sale and the machineries of the said Ujala Match Factory were removed from its original site to Shyampur in 1965 in the same premises of Sattar Match Works. In 1968 &quo......under the BCIC for management. 17. Although both the industrial units were using the trade mark "Cock" both before and after the coming into force of PO No. 16 of 1972 neither had independent claim to the said trade mark, for, the trade mark was registered in the name of the pro......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
.... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ...... under Article 9 of the said Order. The President's Order No. 5 was amended by the President's Order No. 91 of 1972 providing for constitution of the Appellate Division of the Bangladesh High Court from 3 August 1972. The Appellate Division was vested with same powers and functions as of the ers......h, shall, as from the commencement day, be construed as an Advocate entitled to practise before both the Divisions, High Court Division and Appellate Division of the Bangladesh Supreme Court. Even independent of this specific statute, section 6(c) of the General Clauses Act will apply to the app...... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ..Category: Others | Date: | Hits: 92
....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:
......8 acres, in pursuance of an agreement for sale dated 13.9.77 entered into between the appellant and the President of the People's Republic of Bangladesh. The appellant received a Notice dated 15.6.88 from respondent No. 1. Director, Military Lands and Cantonments Directorate, Ministry of Defence (An...... Rule 2(e) are the agents of the Government for the administration of Class B (4) category of land. They hold a position of official independence from the Military authorities and are also officially independent of the Cantonment Boards and are subject to the orders of the Central Government alone (......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:
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Category: Property Law | Date: | Hits: 68
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....d to the deposition of the witnesses and has pointed out that it is the Informant PW 1, an interested witness, no doubt, on whose evidence alone the conviction has been based. There having been no corroboration thereto, he argues, it is unsafe to rely on such evidence. 5. Prosecution exami......sion by an order dated 30 October, 1989. In the other case, tried by a different Judge, one person was convicted for the murder of Lalmia but he was acquitted in appeal by the High Court Division from whose order no petition for leave was filed. 4. Mr. Serajul Huq, learned Counsel for th......e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......ties, favourably or unfavourably, must be considered and the court which gets the opportunity to observe his demeanour is at liberty to make assessment of the evidence. If corroboration from other sources is available to the evidence of a hostile witness, there is no reason why his evidence shou..Category: Criminal Law | Date: | Hits: 69
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. ......icted sense, but in a sense beneficial to the widest possible amplitude of the powers. No writ against the decision of the Appellate Tribunal The power to create an appellate forum can be found from the proviso to Article 117(2) of the Constitution and the Supreme Court was not the only appell......person qualified and appointed as a Judge of the Supreme Court, came up for consideration. In our case the tribunals are established not as a subordinate court under Article 114 but as a distinct and independent forum, in exercise of the power conferred by Article 117, with an enumerated jurisdictio......ll try to gather the same primarily from the language used which must be construed according to well‑established rules of interpretation. If the language fails or is inadequate, then as a secondary source matters outside the language used may be looked into to gather the necessary intendment or ma..Category: Administrative Law | Date: | Hits: 203
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. ......ntiff No. 2 The plaintiffs' case is that after the auction purchase plaintiff No. 1 leased out some portion of the suit holding to Afser Ali Akon and others on 2nd May, 1939 on receipt of kabuliyat from them. He got an ex parte decree in Rent Suit No. 952 of 1948 in the Fourth Court of Munsif, Pa......ed of release looks innocent but it is to all intent and purpose a deed of sale." This finding of the lower appellate Court could have been sustained, if there would have been any independent consideration of the recitals of the document as such. But from the judgment it appears......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. ..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. ......n) reiterating his refusal to grant clearance in respect of 5000 metric tons of Iraqi Ordinary Grey Portland Cement out of 10,000 metric tons awaiting delivery with a prayer to restrain the Collector from disposing of the said cement during the pendency of the Rule and further to direct him to deliv......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)
....present during the occurrence and be eye‑witnesses. But then in a case where bitter enmity is admitted between the parties it is required as a rule of prudence that there should be some such corroboration of the evidence of the interested witness or witnesses as may inspire confidence in t......l Appeal No. 61 of 1983). Judgment: ATM Afzal J.- This appeal by the 4(four) accused‑appellants, who are full brothers, is from the judgment and order dated 16 January, 1990 passed by a Division Bench of the High Court Div......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)
.... 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 ......r the dispute between them. 3. The learned Upazila Magistrate upon perusal of the Police report drew up proceeding under section 145 by his order dated 22.3.84 restraining both the parties from entering into the disputed land and further appointing the OC Kotwali PS as the receiver of th......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
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....hese confessional statements. He argued ft accused Hazrat Ali's confessional statement having been found to be false in some part the other part should not have been relied upon without sufficient corroboration. He further argued that the conviction of the appellants on the basis of their respec......rs. Accused Hazrat Ali implicated co‑villager Abul Kalam and Zahura Khatun's sister's husband Manju and another sister's husband Abdur Rahman. Police after investigation dropped those persons from the charge‑sheet and submitted charge sheet against the three accused appellants. ......which are marked as Exhibits 3, 4 and 5 respectively. The said confessional statements being the main part of the evidence in the present case we will consider the individual confessional statement independently to see whether the conviction of the appellants can be lawfully sustained on the bas......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. ..Category: Criminal Law | Date: | Hits: 69
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. ......t the country and stayed in India. The detenu came back to Bangladesh on 16th December, 1990 and contested in the parliamentary election. He was arrested in the early morning of 17th January, 1991 from the WAPDA Rest House, Jhenaidah, where he was spending the night before his intended journey t......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)
....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. ...... After completion of the investigation charge sheet was submitted against the four accused ‑appellants along with the confessing accused Ezahar Ali. 3. The defence case, as it appears from the trend of cross‑examination of the prosecution witnesses, was that the appellants hav......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. ......f general management of the managed Company's business transactions as well as property affairs in consideration of a commission at the rate of 2 ½ % of the gross proceeds arising from the sale-of the goods produced by the mills of the managed company and any other goods sold by......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. ......ndered has little relevance for determining the question whether the income, profits and gains accrued or earned directly or indirectly through or from any business connection or any properties or source in taxable territories. It has been submitted by him that the commission received by the man..Category: Fiscal/Taxation Law | Date: | Hits: 114
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....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. ...... (From the Judgment and Order dated 26-2-1968, passed by the Dacca High Court in F.M.A. No. 59 of 1967). Judgment: Ahsanuddin Chowdhury J.—This appeal by special leave is from a judgment passed by a Division Bench of the Dacca High Court affirming an order of the S......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)
....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. ...... a residential house in the city of Dacca originally belonged to one Priya Nath Pal. After his death it was inherited by his adopted son Pyari Lal Pal. One Ashraf Hossain Md. Asim got this property from the said Pyari Lal on the basis of a registered deed of exchange dated 18-5-60. Md. Asim ther......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
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ......dia. Their Lordships may refer to the able judgment of Rankin C.J. in 2 ITC 328, with which they agree. In the second place, it should be remembered that the Income Tax Act, 1922, as amended from time to time forms a code,' which has no operative effective so far as it is rendered applicab......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ......t is the income of the year of assessment, though the amount is measured by a yardstick based on previous years. The difference is well illustrated by the distinction that in England the source of income must still be extent in the year of assessment but that is not of relevance in Ind..Category: Fiscal/Taxation Law | Date: | Hits: 134
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....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. ......ce Case No. 3 of 1967). Judgment: Kemaluddin Hussain, J.—This is an appeal on special leave obtained by the Commissioner of Income Tax, Dacca from the judgment of the High Court, Dacca passed on reference under section 66(2) of the Income-T......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
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......ng for pre-emption by filing an application on 2-6-59 in the 6th Court of Munsif, Barisal on the allegations that Binodini Das, the predecessor of the respondent, purchased C. S. Plot No. 495 from one Upendra Nath Das by a registered kabala on 3-10-58 for a consideration of Tk. 2000/- ......ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... 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. ......P.S. Morelgong, Khulna held under the Union Parishad and Pourashava election rules, 1974 was declared void. 2. Parties called their evidence and also the Tribunal requisitioned ballot papers from the authority but all papers were not sent, some were sent in very bad packing. The Tribunal f...... 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
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