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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. ......retary Ministry of Home Affairs.....Appellant. Vs. Ahmed Nazir………….... Respondent Judgment March 19, 1975. Cases Referred to- Sandal Singh Vs. District Magistrate and Superintendent, Dehra Dun A.I.R. 1934 (Allahabad) 148; Meh......cle 98 of the Constitution of 1962 of Pakistan which is identical in terms with Article 102 of the Constitution and con-tended that when a person is shown to have been detained illegally or improperly, the High Court Division is competent to pass such orders as may be necessary to grant&nb......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. ..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......eported in: 27 DLR (AD) (1975) 37. ......ny likelihood of a breach of the peace in regard to the subject of dispute. (2) When the Magistrate attaches the subject of dispute, he may, if he thinks fit and if no receiver of the property, the subject of dispute, has been appointed by any Civil Court appoint a receiver th...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ..Category: Criminal Law | Date: | Hits: 49
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. ......M. Masud, Deputy Attorney General instructed by A. M. Khan Chowdhury, Advocate-on -Record—For the Respondent. Criminal Appeal No. 9-5 of 1971. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca on 27th May, 1970, in the Criminal Revision Case......ind of confession described in section 30 may be thrown into the scale as an additional reason for believing that evidence", the Supreme Court of India held as follows: "The proper way to approach a case of this kind is first, to marshal the evidence against the accused e......ce on the land in possession of the accused persons who exercised their right of private defence when P. W. 2 and his men tried to take possession of the same forcibly and it was held that the adjudication of the question of the plea of private defence involved a thorough examination of..Category: Criminal Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ...... 1974). Badsha Miah.....................Respondent (In Criminal Appeal No. 8 of 1974). Md. Bazlur Rahman Miah & another……....Respondents (In Criminal Appeal No. 9 of 1974). Gopal Chandra Roy & another ……………………Respondents (In Criminal Appeal No. 10 of 1974). ......sh Collaborator (Special Tribunals) Order, 1972 (hereinafter referred to as (P.O. 8) and Bangladesh Scheduled Offence (Special Tribunals) Order, 1972 (hereinafter referred to as ("P.O. 50''). For a proper appreciation of question involved in these appeals, it is necessary to refer, at the outset, ......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......sp; Cases Referred to- Khadim Vs. The Crown, P.L.D. 1954 Lahore 69; Abdul Gani Vs. The State, 19, DLR. Dacca 388; The State Vs. Puma Chandra Mondal 22 DLR. Dac. 280. Lawyers involved: Abdur Rashed, Advocate— For ......at night was not found in the house after the said occurrence. The defence further case was that there was a friction between Habi Durani and Maleka over the latter’s share in their paternal properties Habi Durani wanted Maleka’s share but Malkeka was not willing to give her share to......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....-performance of the formalities as required under the Mohammedan Law, because, according to the plaintiff's own showing the formalities performed by him were premature as the formalities were completed before registration of the kabala. The learned Munsif dismissed the suit on the finding t......;……………………………………Appellants Vs. Abdul Latif Bhuiyan, being dead, his heirs: Asia Khatun and ors……………..Respondents Judgment Feb. 26.1981.&...... of Munsif at Brahmanbaria for pre-emption under the Mohammedan Law against the appellants stating, inter alias, that one Jonah Ali Daroga owner for the suit plots in tenure right sold half of the property to the respondent and other half to Nishikanto Chowdhury who sold the same to Zahurul...... as invalid being out of time completed the sale by executing the instrument of sale. Ultimately a suit for pre-emption was instituted by the Administrator of the uncle. The main question for adjudication at the trial was as to whether the suit for pre-emption was maintainable on the basis ..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......y General, B. Hossain Advocate-on-Record.—Rule 1, Order XLV, Supreme Court (A.D.) Rules, 1973. Ex parte—Respondent. Civil Appeal No. 31 of 1979. (From the judgment and order dated March 22, 1973 passed by the High Court Division in Appeal No. 1 of 1974) Ju...... Letter Patent, when those laws are by necessary implication excluded by the provisions of the Banking Companies Ordinance. (2) That the judgment of the High Court Division is not the proper judgment, of reversal, inasmuch as the findings of the Company Judge have been reversed on ......view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 101
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....Ali was printed in Jugabheri published by the accused-respondent but significantly the proceedings of the Court, namely, that Azman Ali did not make the allegation on oath of illicit connection was completely omitted. Nor any apology by any subsequent publication was made. On the contrary in the......n vs. Bholanath Khattry (1911) I.L.R. 38 Cal. 888. Lawyers Involved: Md. Nurul Huq, Advocate-on-Record—For the Appellant. B.K. Das, Advocate, instructed by B.C. Panday, Advocate-on-Record,—For the Respondent. Judgment: ......re and he was keeping his wife for gratifying his evil desire. The complainant in his petition had prayed for issue of search warrant for recovery of his wife and little child and for proper justice. The learned S.D.O. had ordered the officer in-charge of the Kotwali Police St......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 77
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......ppellate Division (Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Mafizuddin Patwari being dead his heirs Md. Tofaazzal Hossain Patwari and others ………………….Appellants Vs. Abdul...... to consider the interpretation of Section 88A of the Bengal Tenancy Act, namely:- 'Whether an order of sub-division of tenancy under section 88A of the Bengal Tenancy Act without proper compliance with the proviso (a) to sub-section (1) of the said section is without jurisdictio......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... 1975." The sellers received the advance payment of £25,000. For some reason Polimex did not open the letter of credit in connection with the second instalment, but the sellers completed the manufacture of goods and in due course received through the financial agreement ......ttara Bank …………………………………………………Appellant Vs. Macneill and Kilburn Ltd. and others……………….Respondents Judg...... to arise from withholding injunction will be greater than which is likely to arise from granting it. It is well settled that there can be no injunction for actionable wrongs for which damages are proper remedy. Temporary injunctions are regulated by the Code of Civil Procedure under Order 39; r...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......m J Rahul Islam J Badrul Haider Chbwdhury J Shaha-buddin Ahmed J Hasan Imam Chowdhury........................... Appellant Vs. Govt. of Bangladesh and others................. Respondents Judgment March 23, 1981. Lawyers Inv......or order to be given must be ancillary to the main relief but in doing so, the superior Courts had always placed self-imposed limitation for not raising any new issue which requires adjudication on proper facts for which no foundation was laid by the parties in the writ proceeding. Keeping in mi......on or direction or order to be given must be ancillary to the main relief but in doing so, the superior Courts had always placed self-imposed limitation for not raising any new issue which requires adjudication on proper facts for which no foundation was laid by the parties in the writ proceeding..Category: Employment/Service Law | Date: | Hits: 101
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ...... Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Amanullah Bhuiyan and others…………….Appellants Vs. Abdul Hafiz and or......f requisite value. Therefore, mere delay in engrossment of the decree on stamped paper of the requisite value will not in any way affect the interests of the parties in respect of the properties though changes may have taken place in regard to the properties since the decree has be......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..Category: Procedural Law | Date: | Hits: 106
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....the absence of such party......Object of sub-section (2) is to have all the co-sharer tenants or all the tenants holding lands contiguous to the land transferred before the Court for proper and complete adjudication in accordance with law. A co-sharer tenant or a tenant holding land contiguo......…………………………………………….Appellant Vs. Durjan Ali alias Siddique Hossain and others………………………..Respondent ......e given in the absence of such party......Object of sub-section (2) is to have all the co-sharer tenants or all the tenants holding lands contiguous to the land transferred before the Court for proper and complete adjudication in accordance with law. A co-sharer tenant or a tenant holding la......ce of such party......Object of sub-section (2) is to have all the co-sharer tenants or all the tenants holding lands contiguous to the land transferred before the Court for proper and complete adjudication in accordance with law. A co-sharer tenant or a tenant holding land contiguous to the..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sreemati Charubala Sen Gupta, being read her substituted legatee. Sree Paresh Chandra Deb Gupta………………………………………………………….Appellant Vs. ......hether the Will is duly executed and if there is evidence to this effect the court will grant the probate. It is not the concern of the probate court to decide whether the testator had title to the property or whether he had any authority to otherwise deal with the property…………..(6) ......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ce was served in exercise of powers conferred by sub-section (2) of section 9 of the Public Servants (Retirement) Act, 1974 (Act No XII of 1974) No reason excepting the statement that the applicant completed 25 years of service appeared in the notice. In his petition under Article 102 of the Const......uhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Health and Population Control and others…………………………………………Respondent Judg......lity of the section aforesaid. I like to adhere to the wall-established self-set rule which says, the Court will not declare a law unconstitutional, if the case in which the question is raised can be properly disposed of in some other way. I, therefore, refrain from striking down the section as unco......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....igh Court Division following a decision of the Supreme Court Bangladesh Appellate Division in the case of Halima Khatun vs. Bangladesh, 30 DLR (SC) 207 summarily rejected the writ petition in view of complete ouster of the jurisdiction of the Court by clause (6) (7) of M L.R. 4 of Marital Law Regula......eported in: 33 DLR (AD) (1981) 154. ......ther Iftekheruddln alias Babul lodged a complaint in the Motijheel P.S. to that effect. Dr. Mozammel Huq Chowdhury carried out the post mortem examination on the dead body of Saleha Begum but without proper investigation submitted report supporting the case of suicide Dr. Mozammel Huq Chowdhri was t......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......is also Reported in: 33 DLR (AD) (19781) 143. ......Order and Rule 7 framed thereunder and also that the Board violated the principles of natural Justice in not disclosing the content of the report to him. He was, therefore, denied the right to put up proper defence. 6. On behalf of the Government it was asserted that there was no proof as to the...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Nani Gopal Saha ..............................................................Appellant Vs. Jatindra Lal Chowdhury and others....................................Respondents Judgment December 11, 1980.......s provided under the Statute, should have adjudicated and decided the case fully and finally, if necessary after taking further evidence in the matter. 2. The facts, in short, necessary for proper appreciation of the contention under consideration may be stated thus: Respondents 1 an......s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ..Category: Constitutional Law | Date: | Hits: 153
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
.... the proper constitution of the pre-emption application. Their presence it not only a matter of convenience but of absolute necessity to enable the Court to adjudicate more effectively and completely. Order 1 rule 9 of the Code does not apply when a cause of action arises against a numb......hmed J Abdus Samad & ors…………………………………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment March 18, 1980. ......irectory". 6. Mr. Akram Hossian Amin, the learned Advocate on Record appearing for the appellants submitted that the learned Single lodge of the High Court failed to make proper appreciation of the ratio decidendi of the judgment in Motilal Sikder vs. Benodi......r tenants or owner of contiguous land is not absolute but subject to the right of other co sharers and other holders of land contiguous to the land transferred, as the case may be, for proper adjudication. To give full effect to the statutory provision, all the necessary parties must &..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....conflict or anomaly. But what we find is that by removing the conflict, anomaly or confusion, whatever it might be, the legislature made its intention clear in the new section that restitution it completely separate from execution and that there two provisions which have been let out in separate......n: ......a question which ha been agitated for about a century in the superior Courts of the Subcontinent and conflicting opinions have been expressed as to the nature of an application for restitution of a property in pursuance of an adverse appellate decree. For proper appreciation of this question rel......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
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