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Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ...... 1860 (XLV of 1860), sections 378 and 403 The accused was delivered Tk. 9000 instead of Tk. 1900 by mistake by the complainant, cashier of the bank. The accused without prior knowledge or intention to receive the access amount, received the money and subsequently came to learn about the mistake co......been convicted for an offence of theft, having denied for a while receipt of some overpayment from a Bank in encashing a bill, and, the money having been recovered from him shortly after. Leave was granted to consider the question, which appears to be of first impression, whether the facts constit..Category: Criminal Law | Date: | Hits: 44
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....the appellant to hold the office to see whether the disqualification alleged continued to render the appellant an usurper to the office. In a quo warranto proceeding, the exercise of authority is discretionary and, among other things, the court takes into consideration the motive of the person...... not necessary and Article 102 can be invoked even when there is a "knocking at the door" for occupation. To hold otherwise, he submits, would amount to taking a very technical and narrow view of the powers available to the High Court Division. Sub-Article (2) (b) (ii) of Article 102 reads thus......itution but when the candidate after being elected assumes the office of chairman or other public office then any person can invoke the provision of sub-article 2 (b)(ii) of Article 102 requiring him to show under what authority he claims to hold that Office…….(8) Article 102 of the Constitut......gh Court Division took the view that admittedly the loan was not repaid within 27.1.88 (according to Annexure D (1) it should be 27.1.87) and therefore, the appellant was a defaulter. 6. Leave was granted to consider whether in view of the alternative remedy of going to the Election Tribunal th..Category: Election Law | Date: | Hits: 130
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......true that it is open to the Court to see that it was not malafide or made for collateral purpose but for that purpose there must be specific allegation stating facts constituting malafide or abuse of power for collateral purpose but we find, that in this particular case there was no such assertion b......ossain CJ Fazle Munim J Ruhul Islam J Sikandar Ali Sikdar………………Appellant Vs. State and others…..….....Respondents Judgment March 16, 1978. Case Referred to- Bakshu Mian Vs. Govt. of Bangladesh, (1978) 30 DLR (SC) 228. Lawyers Involved: Khond......riminal Appeal No. 20 of 1977 (From the Judgment and Order dated 2.9.1975 passed by the High Court Division in Criminal Revision No. 787 of 1974) Judgment Kemaluddin Hussain CJ.- Leave was granted to consider the question of interpretation of section 494 of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 43
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......e. 2. On appeal, the learned Judges of the High Court have allowed the appeal and set aside the judgment and order passed by the learned Subordinate Judge on the view that the Court has necessary power under Order 38, rule 5 of the Code to make an order of attachment of a property before judgmen......71 Calcutta 156. Lawyers Involved: S.R. Pal, Senior Advocate, with M. Maiqfizullah and Nurul Islam, Advocates instructed by A. Rab-II, Advocate-on-Record - For the Appellants. K.A. Bakr Attorney-General, with Sultan Hossain Khan, Deputy Attorney-General and A. Wadud Bhuiyan, Assistant At......judgment to ensure that the decree which may be passed by the Court may not be rendered infractuous by the removal of a property by the Appellants from the jurisdiction of the Court. 3. Leave was granted to consider, whether the High Court was justified in marking the order of attachment having ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......he Additional District Judge and restored that of the learned Subordinate Judge dismissing the application for pre-emption. Leave was granted to consider whether the High Court in the exercise of its power under section 115 of the Code of Civil Procedure acted on correct principle in the exercise ......ising out of an application under section 96 of the State Acquisition and Tenancy Act, 1951, seeking pre-emption of certain land sold by Khan Brothers, by a registered kabala dated 3rd December, 1966 to Muhammad Khalilur Rahman, respondent No.4 for a consideration of Taka 6,000.00. This application ......ges of the High Court set aside the judgment and order passed by the Additional District Judge and restored that of the learned Subordinate Judge dismissing the application for pre-emption. Leave was granted to consider whether the High Court in the exercise of its power under section 115 of the Cod..Category: Property Law | Date: | Hits: 33
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......2 of 1977 (From the Judgment and decree dated 7-3-1974 passed by the High Court Division in S.A. Nos. 1005 & 1006 of 1961) Judgment Kemaluddin Hossain CJ.- These two appeals were heard together in the High Court Division and a common question of fact and law are involved they are hear......question of fact and law are involved they are heard analogously and disposed of by one judgment. Facts for disposal of these appeals reduced to their minimum are as follow; two appeals have been granted special leave on 20.1.75, in S.A. Nos. 1005 and 1006 of 1961 which affirm the judgment and d..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......e deposit being a condition precedent to the filing of the application, it cannot be entertained and its non-fulfillment renders the application liable to be dismissed; and that in the absence of any power to extend the time stipulated in the Act, the order is wholly illegal and without jurisdiction...... Fazle Munim J Rahul Islam J Akhtarun Nessa and another.............Appellant Vs. Habibullah and others……..…..Respondents Judgment February 6, 1980. Cases Referred to- Makhanlal Nag Vs. Reajaddin Sepal (1961) 13 DLR 323; Syed Abdul Karim Vs. Harendra Chandra D......to pay up the balance of consideration money with usual compensation within four weeks from the date of arrival of records of the case. This appeal is directed against that judgment. 4. Leave was granted to consider whether in view of the finding that the application for partial pre-emption with..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......de of Criminal Procedure. Leave was granted to consider as to whether facts and circumstances of the case the learned Judges were justified in quashing the proceedings in exercise of the inherent power under section 561A of the Code of Criminal Procedure at the stage when only charge sheet was s...... Rizal Bin Matnur………..Respondent (In Criminal Appeal No. 7 of 1978) Judgment March 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and oth...... Case No.423 and 475 of 1977 quashing the proceedings in G.R. Case No.913 of 1977 of the Court of Sub-Divisional Magistrate Khulna, under section 561A of the Code of Criminal Procedure. Leave was granted to consider as to whether facts and circumstances of the case the learned Judges were justif..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......utologous, but they are not so. The expression 'without lawful authority' comprehends all questions of the competency or the vires of an enactment, in other words, there must be a competent law empowering an authority to detain a person, and the empowered authority acting under the conferred p......53 (SC) 277. Lawyers Involved: Moudud Ahmed, Advocate, with Mainur Reza Chowdhury, Advocate instructed by S.S. Hoda, Advocate-on-Record - For the Appellant. Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assistant Attorney- General, instructed by A. Rab-1, Advoca......lant moved the High Court in a Writ Petition. 3. Upon hearing the parties the learned Judges of the High Court, held the order of detention was valid and so dismissed the petition Leave was granted to consider the following questions: (1) Whether the grounds of detention were vague, ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......ject the contradictory part as unreliable or to rely upon that portion, which in the opinion of the court, fits in with other evidence and the facts and circumstances of the case. The exercise of the power is guided by judicial discretion, and cannot be exercised either arbitrarily or capriciously. ...... Hossain J Fazle Munim J Moyezuddin and another................Appellants Vs. The State................................Respondent Judgment December 7, 1977. Cases Referred to- Adalat Vs. The Crown, 41 956; 8 DLR (FC) 69, PLD 1956 (FC) 171. Lawyers Involved: Kh...... Criminal Appeal No. 12 of 1977 From the Judgment and Order dated 6-5-1970 passed by the Dacca High Court in Criminal Revision No. 287 of 1969. Judgment Kemaluddin Hossain J.- Leave was granted to the Appellants, to consider whether the conviction of the Appellants under section 326/34..Category: Criminal Law | Date: | Hits: 41
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......er Dacca on January 23, 1970 for filing appeal through their Legal Adviser. The Additional Deputy Commissioner, however, informed the requiring body on January 31, 1970 about his inability to execute power in favour of any private lawyer. Thereafter the requiring body sent papers direct to the Assis...... Ruhul Islam J KM Subhan J Bangladesh.........Appellant Vs. Moslem Mia..........Respondent. Judgment March 16, 1978. Result: The appeal is dismissed. Case Referred to- Superintendent of Central Excise, Lyallpur Vs. Ch, Fakir Muhammad (1958)10 DLR (SC) 168.......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..Category: Procedural Law | Date: | Hits: 101
....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......ified in taking a technical view that there must be a formal presentation of a return of income, and the informal disclosure of consolidated statement of income will not be treated as return giving power to the Income Tax authority to assess the Respondent under the Martial Law Regulation. The R......
Civil Appeal No. 54-D of 1967
From the Judgment and Order dated 24-3-65, passed by the Dacca High Court in Writ Petition No.404 of 1964.
Judgment
K Hossain CJ.- The short question as to the true construction of Martial Law Regulation No.48(iii) of 1958 is involved. Facts giving ri......tions and the Income Tax authorities had, therefore no jurisdiction to assess him as they did. They declared the assessment order as without lawful authority and of no legal effect.
Leave was granted to consider the question set out above.
5. To turn to the relevant regulation viz. Reg..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......nior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner Not represented- For Respondents Judgment 27 June 2004 Civil Petition for Leave to Appeal No. 90 of 2003 (From the judgment and order dated 3rd August 2002 passed by the Hi...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 24
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......Sohel are eye witnesses to the occurrence. 14. P.W.4 Rashed, P.W.5 Javed and P.W.6 Shohel are child witnesses. It appears the trial court before recording their evidence orally tested their power of understanding and they were found to be capable of giving rational answers to the questio......ossain, Advocate-on-Record- For the Petitioner Not represented- Respondent Criminal Petition for Leave to Appeal No. 198 of 2o04. (From the judgment and order dated 21.03.2004 passed by the High ......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ...... June 15th, 2004. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Firoz Shall, Advocate-on-Record—For the Appellant. Abdur Razaque Khan, Additional Attorney-General, instructed by M Khaled Ahmed, Advocate- on-Record—For Respondent No.1. ...... submitted an application before the Hon'ble President for review of his order dated 15-1-1997 by which the appellant was reinstated but the President rejected the prayer for review for granting the appellant the service benefits on 13-8-1997. The appellant thereafter filed the afores..Category: Administrative Law | Date: | Hits: 103
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......ettled law that notwithstanding the ouster clause of jurisdiction on the High Court Division by any legislative provision, the High Court Division is yet entitled to exercise its power of judicial review under Article 102 of the Constitution, if the action complained of before ................... Appellant vs AKM Enayetullah.............................Respondent Judgment December 6, 2004. Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General, instructed by Firoz Shah, Advocate-on- Record— For the Appellant. TH ......istrative Tribunal which is an appropriate forum where the writ-petitioner-respondent could have agitated all his grievances and in such view of the matter, the High Court Division having granted the remedial measure as contained in Annexures-E & H to the respondent's writ-petition ..Category: Employment/Service Law | Date: | Hits: 69
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......dy on the record and come to the conclusion that there is apparently some inherent lacuna or defect which hinders the due administration of justice. If it comes to this conclusion, then it has the power to call for additional evidence subject to the condition that it must record its reasons for ......Md) and others..........................Appellants vs Md. Mojibar Rahman and others.........................Respondents Judgment November 22, 2005. Cases Referred to- Parsotim and others vs Lai Mohar and others 58 Indian Appeals, 254; Cecil Waldron Andrew...... not the tenant of the defendants since in arriving at the said finding the trial Court did not consider the documents i.e. CS khatian, kabuliyat and other papers, that trial Court was in error in granting relief sought by the plaintiff without considering the documents filed by the parties..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......ia MP and a former Minister as Chief Guest and that after concluding the meeting while he along with aforesaid Mr Kibria was coming out some unknown miscreants with a view to commit murder threw a powerful grenade which being exploded aforesaid Mr Kibria along with Advocate Abu Zahir, Razan Chow......Kamal Hossain, Senior Advocate, (Mahbubey Alam, Senior Advocate with him) instructed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioner. Abdur Razaque Khan, Additional Attorney-General, instructed by ASM Khalequzzaman, Advocate-on-Record— For Respondent No.1. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......not being treated in accordance with law inasmuch as, it has not given them the opportunity of participating in the reserved seats as they are not members of any political party and has curtailed the power of the people and has authorised the political parties, especially the party in power, to nomi......rs Vs. Bangladesh represented by the Secretary, Cabinet Division & others .........Respondents Judgment July 19, 2005. Result: The petitions are dismissed. Cases Referred to- Dr Ahmed Hossain vs Bangladesh and others 44 DLR (AD) 109; Smt. Indira Gandhi vs Raj Narayan ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....the deed, then it is difficult to consider the assertion that Abdur Rashid became ill after execution of deed as correct. 13. A decree in a suit for specific performance of contract is discretionary one and, as such, where the case of the plaintiff appears to be not genuine or, in ot......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......Single Bench of the High Court Division in Civil Order No.1451 of 1999 dismissing the revisional application summarily. The revisional application was filed against the judgment and decree dated October 18, 1998 of the 3rd Court of Subordinate Judge (now Joint District Judge), Mymensingh in......posed that plaintiff brought into existence the deed in question after the death of Abdur Rashid and that the thumb impressions appearing on the stamp are not of Abdur Rashid. 10. Leave was granted to consider the contentions that the High Court Division was in error in rejecting the rev..Category: Property Law | Date: | Hits: 26
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