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Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....the appellate Court held five out of eleven accused guilty and upheld the acquittal of the rest. An acquittal is not ordinarily interfered with by the appellate court; but the latter undisputedly got power to reverse an acquittal and hold the accused guilty if the acquittal is found to be perverse o......ere common causalities in the judgment of the trial court vitiating the order of acquittal. All the 'epithets' found in the first paragraph of the Privy Council judgment quoted above are attributable to the trial court judgment and the order of acquittal was liable to be interfered with…………â......ppeal should be disÂmissed; rather, I have every reason, as given below, to believe that the charge of murder against the apÂpellants has not been proved and that their acquittal by the trial Court calls for no interference. 3. The prosecution case centres round the grueÂsome murder of Siraj A...... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the proÂtection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......f the others is allowed in part. The Penal Code, 1860 (XLV of 1860), sections 302/34, 323 and 324 The facts of this case do not permit an inference that the appellants shared a common intention to commit the murder. There is no evidence that there was any common intention of the appellants to ......s time to have recourse to the proÂtection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......the same intenÂtion, namely the intention to kill, and each can indiÂvidually inflict a separate fatal blow and yet none would have the common intention required by the section because there was no meeting of minds to form a pre-arranged plan. In a case like that, each would be individually liable..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....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......fore unable to entertain Mr. Khandker's submission. 8. Before parting with this appeal it is observed that the learned Judges of the High Court Division before concluding has made the following uncalled for observation: “If during the proceeding of the trial agaÂinst the rest of the accus......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. ..Category: Criminal Law | Date: | Hits: 43
Unimarine S. A. PaÂnama Vs. Bangladesh, 1977, 6 CLC (AD)
....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......bject is to obstruct or delay the execution of any decree that might be passÂed against him. The party imputing the moÂtive on the defendant must be ready with the evidence to satisfy the Court, if called upon to do so. Vague or general allegations withÂout any material are insufficient to invoke......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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....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 exÂercise ......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 ...... 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....... 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...Category: Property Law | Date: | Hits: 33
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....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......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. ......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. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....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......he ship on April 30, 1977 that Is, within 24 hours of the arrival of the ship at Chittagong. An application was filed by the local Agent for port clearance stating clearly therein that ''next port of call Chalna with retention cargo." The Agent applied for amendment of the outward entry before getti......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. ..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......
March 9, 1978.
Lawyers Involved:
Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Petitioner.
Sultan Hossain Khan, Deputy Attorney-General, with A.W. Bhuiyan, Assistant Attorney-General instructed by M.R. Khan, AdvoÂcate-on......er 67 of 1972 along with Rules framed thereunder closely, we will find that the Board can act on getting information from any Government agency. It will then hear the complaining agency and witnesses called by it and may make any enquiry itself. Upon the information so gathered the Board is to deter......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
....utologous, but they are not so. The expression 'without lawful authority' comprehends all questions of the competency or the vires of an enactÂment, in other words, there must be a comÂpetent law empowering an authority to detain a person, and the empowered authority actÂing 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 AppelÂlant. Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assistant Attorney- General, instructed by A. Rab-1, Advoca......n this way both the legal requirement of the Act and the Constitutional mandate can be harmonised. The High Court, therefore, in order to discharge its constitutional function of judicial review, may call upon the detaining authority to disclose the materials upon which it has so acted, in order to ......Mills, and under coercion he realised bonus for the labourers which they were otherwise not entitled to. It is further alÂleged that the detenu was responsible for arranging a large number of public meetings in various police stations under Serajgonj Sub-division and in one place he was resisted, b..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....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......adbanagar. Both Courts below found the four accused guilty under section 326/34 of the Pakistan Penal Code. The High Court also concurred with the findings of the Courts below. 5. The prosecution called several witnesses of which the evidence that concerns as is that of P.W.7 Shamsuddin, P.W.8 A...... 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. ..Category: Criminal Law | Date: | Hits: 41
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....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 CenÂtral Excise, Lyallpur Vs. Ch, Fakir MuhamÂmad (1958)10 DLR (SC) 168.......it difficult to condone the delay on the ground that the appellant was prevented by sufficient cause to present the memorandum of appeal in time. 6. The learned Assistant Attorney-GeneÂral practically repeated the same submissÂions as made before the High Court that delay was on account of the......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
....ified in taking a technical view that there must be a formal presentation of a return of income, and the informal discloÂsure of consolidated statement of income will not be treated as return giving power to the Income Tax authority to assess the ResponÂdent 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 ReÂgulation No.48(iii) of 1958 is involved. Facts giving ri......and children and may be treated as declarable and taxable, if the taxing authority deemed it proper. The respondent has clearly expresÂsed his mind and given the consolidated amount. He has unequivocally surrendered the amount before the Income Tax authoriÂties for the treatment they think proper......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. ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....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 ......ay of ransom over telephone for the release of the victim. 19. P.W.20, Liakat All the investigating officer of the case stated that the witnesses Akhter Hossain received the telephone call from the kidnappers who demanded a sum of Tk. 10,00,000/- by way of ransom for the victim and ......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
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......29, 2006. The Contract Act, 1872 (IX of 1872), Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ...... the plaintiff refused to sign the same. The further case of the defendant is that the plaintiff was provisionally appointed and as he did not sign the formal contract the defendant company in its meeting held on 07.01.1990 took an unanimous resolution for termination of the service of the plain..Category: Employment/Service Law | Date: | Hits: 82
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....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 ......Petition No. 4134 of 2002 making the Rule absolute. 2. The short facts for disposal of the appeal are that, the respondent as Writ petitioner, AKM Enayetullah, filed the above writ petition calling upon the appellant the writ-respondent for declaration that the notice dated 11-5-2002 (Ann......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. ..Category: Employment/Service Law | Date: | Hits: 69
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....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......ving that the trial Court decreed the suit without considering the documents relating to the land in suit produced by the parties. The High Court Division observed that DW 1 in his evidence categorically stated that the defendants have no paper to show that the plaintiff is their tenant and that...... 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. ..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....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. ......ind. 14. Dr Hossain further submits that the case being referred to the Speedy Trial Court the scope for further investigation into the matter has, in fact, been closed. 15. He emphatically submits that though the investigating agency found that the grenade was procured at Chunargh......he petitioner as informant lodged a First Information Report with Habigonj Police Station on 28-1-2005 stating, inter alia, that on 27-1-2005 he along with other leaders of Awami League attended a meeting in the field of Boiddar Bazar Government Primary School which was attended by Mr Shah ASM K..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....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 represenÂted 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 ......y the members of Parliament is not incompatible with the preÂamble of the Constitution nor has it changed the basic structure of the Constitution. MoreÂover, a system of indirect election cannot be called undemocratic as the same is provided in the Constitution itself from the very date of its com...... understood and interpreted in light of Article 150 of the Constitution. The transitory period as contemplated under Article 150 is a limited period frozen in history between 26th March, 1971 and the meeting of the first Parliament. All laws made during that period under the authority of the Proclam..Category: Constitutional Law | Date: | Hits: 221
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....his joining report was accepted by order dated 25-7-1995. While he was on leave, the respondent No.2 by order dated 20-9-1995 prematurely retired the petitioner from service in exercise of alleged power under Rule 5(Kha) of the Pension and General Provident Fund Rules, 1987, although the petitio......d, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Respondents. [In CA No. 127 of 2002]. Civil Appeal No. 127 of 2002 with Civil Petition for Leave to Appeal No. 400 of 2003. Judgment &......t matter of the rules so framed. It appears that the High Court Division did not consider the materials on record in their proper perspective and accordingly, arrived at an erroneous decision which calls for an interference by this Court. The appeal is accordingly, allowed without any ord......espondent Nos. 1 and 2 by filing supplementary affidavit brought on record certain materials relevant for appreciation of the issues involved in the writ petition. Annexure 17, resolution of Board meeting of the corporation held on 22-4-89 shows that in its 80th Board meeting the Corporation too..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....oter list. As against that, it was the contention of the appellant in the respective appeals that in view of the provision of sub-section 7 of section 7 of the Ordinance there is no embargo on the power of the commission to prepare a fresh voter list and in the preparation of fresh voter list th......ent May 23, 2006. Cases Referred To- Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and PUCL and others vs Electoral Registration Officer (1995) 3 SCC 101. Lawyers Involved: TH Khan, Senior Advoca......h as order has been passed for preparation of the electoral roll afresh for the whole country. 24. As it appears, sub-Rule (1) of Rule 21, which deals with revision of electoral roll, specifically provides that for the purpose of revision of the electoral roll for any electoral area, the ......difications of the existing voter list will prepare the voter list for the purpose of holding the ensuing parliamentary election. In the instant case the Election Commission (the Commission) in its meeting held on August 6, 2005 took the decision to prepare the voter list as the Commission felt ..Category: Election Law | Date: | Hits: 159
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