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Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......ed suit on 4th October, 1961 for ejectment of defendants from the premises in suit on three grounds. First, that the defendant No.l was a defaulter; secondly, that the defendant No. 1 violated the terms of the tenancy by sub-letting a portion thereof to the defendant No.2 without his consent; an......reme Court High Court Division Civil Appellate Jurisdiction Present: TH Khan J Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: ..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......d by the parties and the partition, it appears, was effected orally and by amicable arrangement. Six years thereafter on 3rd February 1954 the five brothers executed a regular deed of partition in terms of the arrangement arrived at in Agrahayan, 1354. BS and registered the same. It was, however...... Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ...... of Srinivas Mall vs King Emperor 51 CWN 900. In the aforesaid case their Lordships agreed with the view, expressed by the Lord Chief Justice of England in the case of Bread vs. Wood in the following terms: "It is in my opinion of the utmost importance for the protection of the liberty of th...... Abdullah Jabir J.- This appeal arises out of the judgment of A. Q. Chowdhury, Senior Special Judge, Jessore convicting the appellant Aminul Islam under sub-section (2) of section 5 of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- in ..Category: Anti-Corruption Laws | Date: | Hits: 83
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......the execution of the work and almost completed it in April, 1961 when on 6.4.61 he received a letter from the Executive Engineer wherein he intimated to the plaintiff about the modification of the terms and conditions under which the works were allotted to him. It was stated in this letter that ......red to- Jai Berham vs. Kedar Nath Marwari, 49 IA 357; Province of West Bengal vs. Surja Kanta Jana, 58 CWN 424; Punjab Province vs. Dr. Lakshmi Das AIR 1944 Lahore, 149; Re Arban, Munshilal and Sons vs. Modi. Bros. 51 CWN 563 and of Nanhelal Ananddal Jain and another vs. Singhai Gulobchan..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......pears to have been filed on 31.12.62 and a compromise petition appears to have been filed on 4.1.63 i.e. barely four days after filing of the suit, and on the same date the Court passed a decree in terms of the compromise. 3. The present opposite party No. 1 Parul Bala Debi, whose name app......I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ...... 1929 AC 642. This is a decision of the House of Lords wherein section 9 sub-section (4) of the Workmen's Compensation Act, 1925, came to be considered. The said sub-section 4 was in the following terms: "If a workman who has so far recovered from the injury as to be fit for em...... M A Aziz - For the Appellant. Abdus Subhan — For the Respondents Appeal from original order No. 25 of 1968. (Appeal against the order of Mr. MH Rahman, District Judge and Commissioner, Workmen's Compensation, Dacca, dated the 19th day of June, 1967 in Workmen Miscel..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......nd ending on the thirty-first day of March 1958," where any accounting period falls partly within and partly without the said term, such part of that accounting period as falls within the said terms." 10. In the year 1957 the original section 19 of the Act was substituted by the ......etitioner Vs. Income Tax Officer and ors...............Respondent Judgment July 3rd, 1970. Cases Referred To: ..Category: Fiscal/Taxation Law | Date: | Hits: 106
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......28 (PC) and 29 CWN 1037 (PC). The latter case, of course, out of the parties who were of Mitakshara School of Hindu law. But the principle as to joint family property has been enunciated in general terms by their Lordships of the Judicial Committee, in the said case. While delivering the judgmen......il Appellate Jurisdiction) Present: Nurul Islam J Basanta Kumar Basak.............Plaintiff—Appellant Vs. Santosh Kumar Basak and others........Respondents Judgment July 23rd, 1970. Cas..Category: Property Law | Date: | Hits: 62
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ...... render us assistance on this point, in addition to the assistance rendered by the State lawyer in this appeal. 13. The learned Deputy Legal Remembrancer has argued that in terms of sections 236 and 237 of the Code of Criminal Procedure the conviction under sections 302/1......he case. Ed. ..Category: Criminal Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......te account of what he saw, heard (from the two eye-witnesses and the DW 1) and did as a neighbour. In this connection, it may further be noted here that DW 1 Yasin Sheik had admitted in unambiguous terms that after the occurrence PW. 1 was deputed to lodge the First Information Report. No contra......; Vs Abdur Rashid………….. Respondents Judgment July 8th, 1970. Cases Referred to- State Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in 16 DLR; Khadim vs. The Crown,..Category: Criminal Law | Date: | Hits: 154
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......ver, subjected to reasonable restrictions. The restriction that was put in this regard in respect of members of, minority community could not be justified from any provision of this Ordinance. The terms of the Ordinance showed that the same passed for helping the members of the minority communit......Begum…………….. Petitioner Vs. Province of East Pakistan, represented by Secretary, Law (Judl) Department, Registration Branch, Eden Building, Dacca and others ............Respondents Judgment January 28th, 1971. Cases ..Category: Property Law | Date: | Hits: 73
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ...... the restrictive provisions of the said Act. It cannot now complain that its freedom of association has been restricted by section 25(3)……..(20) iii) Section 25(3) does not on terms make any distinction between directors who represent their own share- holding individually an......late Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Phoenix Leasing Ltd and others………………… Appellant Vs. Bangl..Category: Business or Commercial Law | Date: | Hits: 96
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....king her custody. At the hearing of the said Miscellaneous Case no one appeared for Meher Chand, but even then the learned Judge took up the matter for consideration which is, to say the least, quite extraordinary. The learned Judges were not sitting in appeal or revision as would entitle them to pr......o pray before the trial Court for her production in Court if it is found necessary by the accused. 20. In the result, both the appeals are allowed and the criminal leave petition is disposed of in terms of the order passed in the appeals. Let the victim girl Suma Chatterjee, daughter of the a......l CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Bashu Dev Chatterjee………............. Appellant Vs. Umme Salma and others..................... Respondents Judgment March 4, 1999. Result: Both the ap..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......ignity of the High Court Division and that any portion thereof which may be regarded as offending is the result of his ignorance and stupidity and therefore, expressed his remorse in the following terms: “4. That I frankly confess I have foolishly and stupidly written the Art......9. The Contempt of Courts Act, 1926 (XII of 1926), Section 2 The Court will not hesitate to deal with member of the subordinate judiciary if he is not cautious, restrained, respectful and deferential with regard to the highest judiciary ……….(10) Law..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....ip;……………………..Respondents Judgment December 3, 1997. The Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact w...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Shamsunnahar Salam and others……………………………&h..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ...... concurrent judgment and order of the Tribunal below and dismissed the election petition. 3. Leave was granted to consider the submissions made on behalf of the appellant in the following terms: “The exercise made by the learned Judge of the High Court Division ......J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Mutalib…………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. The Local Government (UP) Ord..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......e to fully quote the same: “34. (1) Where any industrial concern which is under a liability to the Sangstha under an agreement makes any default in payment or otherwise fails to comply with the terms of its agreement with the Sangstha, the Sangstha may notwithstanding anything contained in Art......r Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills Ltd and others……………………………Plaintiff-Respondent Judgment March 25, 1999. R..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ......etropolitan Magistrate or a Magistrate of the first class shall try any offence punishable under section 138. The appellant contends that the complaint in the present case not having been made in terms of clause (b) of section 141 i.e., the complaint not having been filed within one month of the...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J SM Anwar Hossain………........... Appellant Vs. Md. Shafiul Alam (Chand) and another………………… Respondents Judgment February 3, 1999. The Negotiabl..Category: Business or Commercial Law | Date: | Hits: 145
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
.... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ......e will apply to appeals as well. Learned Judges of the High Court Division do not appear to have committed any illegality in dispensing with the service of notice upon the non-contesting parties in terms of the principle underlying Order 41, rule 4(3) of the Code of Civil Procedure…&helli......du Bikash Roy Chowdhury J Moulana Delwar Hossain Saydee ……………………….Petitioner Vs. Sudhangshu Shekhar Halder and others…………………Respondents Judgment ..Category: Election Law | Date: | Hits: 117
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
....er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ...... is modified by substituting the personal guarantee. In other words, the writ-petitioner will have to furnish bank guarantee for the whole amount of the difference if it wants to clear the goods in terms of the interim order on payment of duty at the rate of 7.5%. The impugned order stands modif...... AMM Rahman J Commissioner of Customs, Mongla Customs House and others…………Petitioners Vs. SARC Enterprise…&..Category: Business or Commercial Law | Date: | Hits: 155
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