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AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......a persona designata, the maxim Dasignatio unius est exclusio alterious at expressum facit cessare tecitum' is applicable; in other words, if one person is specified, another is excluded on the principle 'hat what it expected makes what is only understood to give way." 13. Having referred ...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
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. ......brought out. The trial Court as well as the appellant Courts below discarded the defence case and decreed the suit. The Appellate Division on correct analysis of the evidence on record and the principles of law involved in the case set aside the judgements of the Courts below and dismissed t......e documentary evidence and oral evidence adduced by the plaintiff show that towards the end of 1965 the scheme was made for dislodging Khorshed Alam from she family and the rent suit for recovery of amount of Rs. 900/- was merely a device for letting In some evidence for the purpose of discarding..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ...... and it was a mere mistake in drawing up the decree. 18. In R.M.K.R.M. Somasundaram Chetty vs. M. R. M. V. L. Subramaniam Chetty reported in AIR 1926 (PC.) 136 the Privy Council re-iterated the principle as follows: "The only cases in which the Court can interfere after the passing and......re entitled to recover possession from the appellant for four annas share in a village called Chipabad. The Privy Council considered that the appellant was no party to the proceeding as he claimed paramount title. It was viewed that a party who is dismissed from the suit on the ground that he has no..Category: Property Law | Date: | Hits: 48
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 ......nd the only question for determination is whether appellant or respondent No.1 is entitled to the custody of the person of the minor boy. 8. Mr. Fazul Karim, Appellant's Counsel, referred to the principles of Muslim Law regarding the custody of the person of minor children, male and female, a......ub-continent, Hizanat is justified to fit in with the attending circumstances of the case in exercise of the discretion exercised by the Court………………(21) Child’s welfare is of paramount importance in appointing guardian. Welfare of the child is to be considered while appo..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......r defective that title might be. This necessarily implies that in case the tenant sets up a claim of title in himself he shall first surrender possession to the person from whom he had taken it. This principle of law has been nicely expounded by Jessel M. R. in Re. Stringer's Estate, page 384 L.R. 6......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. ......as been followed in the process of taking action against the plaintiff." In the circumstances, even if the Civil Service Rules as to disciplinary matters were not applicable to the respondent, principles of natural justice were duly complied with as the respondent was given opportunity to......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)
.... 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. ......dure of trial of cross-cases, has not been mentioned in the judgment of either the trial Court or the appellate Court. The procedure for trial of counter-cases by the same court is founded on a sound principle of Criminal trials. Trial of cross-cases which arise from the same incident, by the same c...... 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
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....etition of compromise are true to my knowledge". Thus the terms and conditions of the decree on compromise hound the parties to the decree. 3. As the respondent Company failed to repay the monthly installments from November 1974 as per terms of the compromise decree the appellant filed an app......ode of Civil Procedure recognises wide powers inherently possessed by the Court to do justice in a given case. From this, it must not be supposed that the Court can, in disregard of the established principles and norms of law, make an order. The Shilpa Bank Order, 1972 is a special law establishin......nt Bank filed Miscellaneous Case No. 88 of 1974 under Article 33 of the Shilpa Bank Order, 1972 (President’s Order No. 129 of 1972) in the Court of District Judge, Dhaka for realisation of its dues amounting to Tk. 1,31,15,907 38 as on 31-3-74. On 18th September 1976 the aforesaid case was decreed..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......ction 66(1) of the Act and framed the question as mentioned above. 4. The learned Judges of the High Court Division took the view that a fresh notice was necessary and grounded such opinion on the principle of natural justice. The learned Judge observed. "We hold that in order to levy additi...... case the Tribunal was justified in allowing the appeal setting aside the order of the Appellate Joint Commissioner as well as of the Deputy Commissioner under section 18A imposing additional amount of tax and whether notice under section 23(2) of the Income Tax Act as sufficient for the pur..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60....... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......is case. In the said proceeding, it must be kept in mind, there were two parties, the Certificate-holder, namely the Government, and the Certificate-debtor, namely one Harekrishna from whom a certain amount of public money was to be recovered, but neither of them was involved in the Auction-sale in ..Category: Criminal Law | Date: | Hits: 69
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......ondent No. 2, Idris Alam, two days before the aforesaid letter was addressed. Thus, no opportunity was given to the appellant firm to deny or disprove such allegations leading to the violation of the principles of natural justice. Though neither respondent No. 3 nor the Government has come forward t......Suit was valued at Tk. 1,83,330/- the details of compensation claimed were given as follows ". I. Loss average monthly income from 18.1.72 to 20.5.77 @ Tk. 2.000/- per month amounting to Tk. 1,28,000/- II. Outstanding credit dues from Cus..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......e. They were sentenced to suffer R.I for 3 months and to pay a fine of Tk.500/00, in default, to suffer 15 days of further simple imprisonment with a direction that the fine, if realised, half of the amount be paid to the complainant. 2. Various allegations were made against the accused appellant..Category: Criminal Law | Date: | Hits: 53
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. ......al Liquidator Vs. M.U. Qureshi, A.I.R. 1945 (FB) 146. It was held that Memo of appeal under section 202 has to be stamped under Sch. 2 Art. II, Courts Fees Act. 1970. 24. Summarising the aforesaid principles it appears that section 38 provides for summary jurisdiction and the Court will only ente......in the same petition before the Company Judge, in not maintainable and cannot be disposed of together ………..(23) Where winding up order had intervened whereby rights of creditors were made paramount, application for rectification must be refused…………..(14) The Petition containing t..Category: Company Law | Date: | Hits: 195
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......n be said that this decision was not available before the Division Bench, Chittagong and had it been so their decision would have been otherwise. Be that as it may, keeping in view the well-settled principle we have no hesitation in saying that the quashing of the proceeding was illegal and in vie......ellishments are so preposterous, that prolongation of the criminal proceeding against the innocent accused Zahirul Islam Chowdhury, Abdul Kader Chowdhury, Abu Bakkar Chowdhury and Shah Alam clearly amount to harassment and abuse of the process of the Court." Reliance was placed on the decision rep..Category: Criminal Law | Date: | Hits: 105
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....g a sum of Rs. 2,64,926/-, including penal interest under section 18A of the Act amounting to Rs. 40,666/-. The amount was made payable by the 21st May, 1964. The entire amount was ultimately paid in installments. On the 9th October, 1965 the Income-tax Officer directed the respondent to pay an addi......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......64 the Income-tax Officer assessed the respondent for the assessment years 1960-61 and issued a notice on it demanding a sum of Rs. 2,64,926/-, including penal interest under section 18A of the Act amounting to Rs. 40,666/-. The amount was made payable by the 21st May, 1964. The entire amount was ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......ere be any doubt, of if there be two alternative interpretations possible, a taxing statute must be interpreted in favour of the assessee and against the Revenue Authority". This principle is not disputed, but it has no manner of application in the facts of the present case. ......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......d edition, Volume 3, p. 96, section 5814 which notes that "there is but one way to obey the command 'thou shall not,' and that is to refrain altogether from doing the forbidden act." This principle has been stated in Crawford's "Statutory Construction", page 516, section 261 in the fol......d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ..Category: Constitutional Law | Date: | Hits: 148
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. ...... India again came up for consideration, and it was held as follows:— "If the Court has jurisdiction to give the main relief to the detenu at the end of the proceedings, on principle and in theory, it is not easy to understand why the Court cannot give interim relief to ...... from that the term can be subjected to any limitation as is sought to be done. Any attempt to qualify the term by the introduction of the term "executive" in relation thereto would amount to an attempt to insert an amendment in the said provision which is clearly unwarranted. In ..Category: Criminal Law | Date: | Hits: 85
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......tioner to the Union Council Was due to him, this should have been mentioned during the examination under sec. 342 of the Criminal Procedure Code. This contention is based upon a misconception. The amount which the Union Council owed to the petitioner was not an incriminating piece of evidence ag..Category: Criminal Law | Date: | Hits: 44
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. ......e learned Magistrate clearly committed a gross error in recording a positive finding on a mixed question of fact and law, which was outside his jurisdiction. There is no dispute with regard to the principles laid down in the aforesaid cases. Both the cases were founded upon "evidences"...... they made judicial confessions alleging that they had murdered the two persons at the instigation of the appellant who promised to pay them Rs. 2000/- and had paid Rs. 1000/- in advance. This amount was subsequently recovered from the co-accused Nagar Bashi. Police investigated the case and..Category: Criminal Law | Date: | Hits: 60
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