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Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......to have been called for to satisfy the legislative intent of holding a poll for election to the office of Chairman. In support of his contention Mr. Pal submitted that in conformity with the general principle incorporated in the representation of the People's Order (President's Order No. 155 of 1......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
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. ...... is to prove the guilt of the accused and failure on the part of the defence to substantiate any plea taken by it does not necessarily prove the guilt of the accused. According to the settled principle of law the burden to prove the guilt of the accused is primarily and principally upon the......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)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ...... in preference to all other persons by means of pre-emption. The law of 'shufa' has been developed out of some 'hadises' (tradition) of the Prophet of Islam. Its foundation seems to be based on the principle that all members of the society should attempt to preserve joint nature of their ancestr...... cash at the time of exchange of equivalents, that is, at the time of handing over of the receipt on registration of the deed. The sale deed further recited "on receipt of the whole and entire amount of consideration money we have put the said claimed into possession and occupation of this ..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. ......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. ......twhile High Court of East Pakistan. The allegations against him were as follows: (i) That the respondent by withholding the relevant loan ledgers and loan documents allowed the loans amounting to Rs. 34,980/79 (thirty four thousand nine hundred eighty and paisa seventy nine o..Category: Business or Commercial Law | Date: | Hits: 101
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......not be annulled by the landlord under section 167, B.T. Act. In support of these contentions Mr. Khandaker has, of course, referred to a great number of decisions; but before we consider the principle of law formulated in those decisions we propose to look into the relevant facts of t...... under section 48F, Bengal Tenancy Act, an under-raiyat interest not being transferable without landlord's consent, transfer of the Kol-karsha to the defendants without landlord's consent amounted to abandonment of the holding by the under-raiyat whereupon the landlords, namely, t..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......since then he has been in possession thereof after constructing a building thereon. But as a dispute was raised about his purchase from Katrik Chandra, defendant No. 2 paid defendant No. 1 an amount of Tk. 700/- as salami and obtained the deed of perpetual lease just to avoid litigation. He..Category: Property Law | Date: | Hits: 54
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......ith a notice to the appellants, it might be argued that the mutation was binding upon the appellants but the non-service of notice of the mutation case has not only resulted in the violation of the principles of natural justice so far as the appellants are concerned but is in direct viola&sh......ion and Tenancy Act. Moreover, he has, since his purchase, improved the schedule property by additions and alterations in the existing structures at a cost of Tk. 15,600/- without depositing which amount the appellants were not entitled to any relief. 5. The application for pre-emption be..Category: Property Law | Date: | Hits: 47
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. ......a division of a holding under section 88A and "no such order shall be passed unless reasonable notice has been given to the parties concerned to appear and hear in the matter" is correct in principle but this is essentially a question of fact whether all the co-sharers tenants were served ......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)
.... 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. ......the suit itself was not maintainable. Further, the transaction being essentially a commercial transaction. Court should not have interfered by passing an order of injunction without considering the principle of balance of convenience and inconvenience. Mr. Huq submitted the dispute is between two...... 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
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. ......d; and an order directing a party to be added under section 32 of the Civil Procedure Code (1908) can be made in such a suit before it has actually terminated." According to the principle laid down in that case it is the drawing and signing of the decree on a stamped-paper in ......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
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......ers. (b) 10.11.69. that after due notice to the assessee, the Processing Committee pasted the following order: "The assessee has declared excess income amounting to Rs. 100.000/- for the assessment years 1964-65 to 1968-69. Mr. C. A. Ali authorised A..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....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. ......nstitutional, 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 unconstitutional in adherence to the principles set out herein. Fazle Munim J.- This appeal arises from the judgment and order of 3 ......en government servants who completed 25 years of service. The resulting discrimination, it was claimed, was violative of Articles 27 and 29 of the Constitution and power conferred upon the Government amounted to uncontrolled discretion amounting to discrimination. It was also equivalent to the pow..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......he Corporation. Future, he denied that there was any contract with respondent No. 1 under which he may terminate his service; and the order of termination was mala fide and passed in violation of the principles of natural Justice. 3. Some background is necessary to understand the position inter......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ...... agent of Steamer and Vessels. The learned Judges also held that the appellant has not been penalized for any misconduct and even If by the impugned order the appellant "was penalized yet the principles of natural Justice would not be applicable in this forum as the impugned order has been ...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....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. ......69 and the further question was whether the doctrine enunciated in the case of State vs. Dosso was correct. So far as the second question is concerned the learned Judges have taken the view that the principles laid down in Dosso's case that "where a Constitution and the national legal order under ......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
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......forced to pay him Taka 4,900/- on 13.9.77 and Taka 3,100/ on 25, 10.77. When the Police party, as arranged previously, raided the office room of the appellant and recovered the aforesaid amount. The appellant was placed for trial under Regulation 11 of M.L.R. 1 of 1975 and the Summary ..Category: Criminal Law | Date: | Hits: 62
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......h suits: Provided that an applicant for an order to set aside a decree passed exparte or for a review of judgment shall, at the time of presenting his application, either deposit in the Court the amount due from him under the decree or in pursuance of the judgement, or give such security for t..Category: Procedural Law | Date: | Hits: 147
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ...... pleading before the framing of the issues. So that the other party may not be taken by surprise and is prejudiced in the matter of taking steps to meet the objection. According to his Lordship the principle relating to a partition suit has got no application to a proceeding for pre-emption.......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....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: ......tation Act which provides that for an application for execution of a decree the period of limitation of three yean begins, "where there has been an appeal, from the date of the final decree". On that principle the application for restitution was found to have been filed within the period of limitati......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
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ...... the statute book, and the existing section or the law remained unaffected. In that process of operation of law section 4 (old) remained unaffected in the statute and it continued to be operative, principles of sound interpretation of statute does not contemplate a legal vacuum in the statute, a......ross-examination that Manindra was married with a daughter of Tarani long after the alleged execution of kabala on 7.2.74. Another improbability noticed by the learned Judge is that how such a big amount of money could be handed over by the defendant No. 2, "an honorary Magistrate and ..Category: Property Law | Date: | Hits: 75
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