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Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....observed that "therefore proceedings are initiated on a complaint or on a police report, the Magistrate can legally take cognizance of the offence and the requirements of section 190 Cr. P.C. are complete". It was held that the addition of a new accused does not need fresh proceeding for initiat......llate Division (Criminal) Present: Kemaluddin Hossain, C J. Ruhul Islam, J., Badrul Haider Chowdhury, J. Abdul Jabbar Khan @ Jabbar Khan & ors ……..Appellants. Vs. State and another.......................................... Respondents Judgment January 24, 1980. ....... 5. In the case of Nagendra Shyam Vs. Emperor, AIR 1923 (Rangoon). 31, in a Full Bench of Rangoon High Court it was held that the Magistrate having taken cognizance of the offence it is right and proper that he should bring to justice all those persons whether originally mentioned or not who, ......oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....sale with an agreement of re-conveyance on valuable consideration with delivery of possession to the transferee shall notwithstanding anything contained in the document of transfer shall constitute a complete usufructuary mortgage for a period of maximum of seven years. The P.O. 88/72, 136/72 and...... F. K. M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh………………………… Appellant in all the appeals Vs. Hail Abdul Gani Biswas and others..................Respondents Judgment March 9, 1980. The State Acquisition and T......was a mere amendment of a grammatical error, Lastly it was contended that the High Court Division had erroneously taken the view that President's Order No. 24 of 1973 affected certain vested right to property which is violative of the fundamental right guaranteed by the Constitution. 3. Before ......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....act the performance of which would not be specifically enforced. Section 5 of the Contract Act lays down that the proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer but not afterwards. Here the Tender Committee had invited offers an......rul Haider Chowdhury J M/s. Hossain Ahmed represented by its proprietor Hossain Ahmed…… ...Appellant Vs. M/s. H. D Hossain & Brothers represented by its proprietor Md. Delwar Hossain and others. ….. Respondents Judgment November 28, 1979. The Specific Relief Act, 1877 (Ac......ellation of the contract of the 4th respondent. It was held that- "The Excise Commissioner exercised his authority with a little irregularity because the matter did not reach him through the proper channel but that would not call for interference by way of a writ. The substance of the thi...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ...... that it was passed arbitrarily or capriciously, which, on the facts on record, cannot be urged…………(8) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Supreme Court, (K. Z. Alam and Zamiruddin Ahmed, Advocates, Supreme Court, with him) instructed by Syed Sakhawat Ali, Advocate-......a Board modify the recommendations by way of awarding either lesser or enhanced punishment as provided in this Order." 8. The statute gives the authority to the appointing authority, in a proper case, to award higher punishment. This power is to 'be exercised by the authority on consider......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
.... a place over which Bangladesh claims sovereignty. We are, however, relieved from entering into long discussion of diverse laws, convensions, rules and practices of International Law since there is a complete code provided by our Municipal law. It is well settled that where there is municipal law on......980) 194 ......ipal laws on the subject. 7. First of all, in Article 143 (1) (6) of the Constitution of Bangladesh, it has been provided that there shall vest in the Republic in addition to any other land or property lawfully vested in it, "all lands, minerals and other things of value underlying the oceans......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... the exercise of its jurisdiction for ends for justice in counting and rechecking of the ballot papers the process of which was started by the Election Tribunal itself solely for the purpose of doing complete justice in the matter...…………(13) Lawyers Involved: Khondker Mahbubuddin Ahmed,......Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM. Subhan, J Badrul Haider Chowdhury J Afzal Khan ………………………….Appellant. Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other .......Respondents Judgment December 11, 1979. Loc...... Afzal Khan by a merging of 61 votes. 3. The defeated candidate Afzal Khan filed election petition making number of allegations of corrupt and illegal practices in holding the election including improper and perfunctory counting of votes. His grievance was that at the 18 polling station mentioned......bunal has got power to reopen the ballot boxes and recount the ballot papers provided sufficient foundation has been laid to come to the finding that the recounting is indispensably necessary for adjudication of the election petition. ..…………(13) The High Court Division therefore had..Category: Election Law | Date: | Hits: 136
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ...... March 28, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), section 403(1). The Constitution of Bangladesh, 1972, Article 143. Benefit of doubt entitles an accused to acquittal and as such this finding of fact even if erroneous is conclusive since it was not challenged in appe......al he disclaimed it and the court also held that it was not recovered from his possession, Because of this finding the subsequent prosecution on this issue is barred but the gold being an unclaimed property vests in the Republic under Article 143 of the Constitution. In the result the appeal is......ly that the person acquitted cannot be tried again for the same offence. To that it must be added that the verdict is binding and conclusive in all subsequent proceedings between parties to the adjudication". 10. In AIR, 1965 (SC) 87, Manipur Administration Vs. Thokchom Bira Singh, the a..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......upreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J KM Subhan J Abdus Sattar & others................Appellants. Vs. Suresh Chandra Das & others………….Respondents Judgment May 2, 1978. Result: The appeal ......t Respondent. 5. Considering the importance of the questions, after hearing the learned Counsel, Mr. Khandker Mahbuddin Ahmed for the Appellants, and Mr. Salam for the Respondents, we thought it proper to call Mr. S.R. Pal as amicus curiae to assist the Court. We have had the opportunity of hea...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ..Category: Tenancy Law | Date: | Hits: 67
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......ppeals. Vs. Mehdi Ali Khan Panni ...................................Respondent in all the appeals Judgment. August 18, 1978 Interpretation of taxing Statutes- Doctrine of Laissez Faire and welfare economy. In interpreting a taxing statute a controversy often arises and learn......n the interpretation of section 4(b) of the Bengal Agricultural Income Tax Act. The relevant part of the section as it stands may be set out: “(4b) any agricultural income derived from property held under trust or other legal obligation wholly for religious or charitable purposes an......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....rder of assessment, which ever period shall later expire". 6. The reading of the above provisions indicates that for the assessment of compensation of land acquired under section 93A a complete Code has been provided which is quite distinct from the acquisition made under section 79. ...... Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM Subhan, J Badrul Haider Chowdhury, J Bangladesh...............Appellant. Vs. Abdur Rashid and others..........Respondents Judgment August 9, 1979. The Town Improvement Act, 1953 (X...... of compensation is in clause (b). It may be set out: "Section 93A. (b) (i). Where no such agreement can be reached, the Deputy Commissioner shall assess a compensation for the immovable property having regard to the provisions of sections 23, 24 and 24A, as modified by section 81 of ......any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......Kemaluddin Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and Industrial Research and others ............Respondents Judgment April 26, 1979. The ...... As per clause 14 the Chairman of the Council shall be appointed on whole time basis by the Government and the Chairman shall be the Chief Executive of the Council and shall be responsible for the proper administration of affairs of the Council under the direction and the guidance of the Governi......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......ellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam, J K.M. Subhan, J Badrul Haider Chowdhury, J Md. Mahboob Murshed………. ...Petitioner. Vs. Bangladesh and others ………….Respondents Judgment July 25, 1979. The Bangladesh Service Rules, ......the consideration that as per service rules service of a Government employee stood forfeited on submission of resignation and the employee concerned could not be reinstated in his service even by the proper authority. 3. It has been noted above that the competent authority did pass an order on ......de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ..Category: Employment/Service Law | Date: | Hits: 77
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ...... Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ..Category: Criminal Law | Date: | Hits: 48
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......Supreme Court Appellate Division (Civil) Present: Fazle Munim CJ Ruhul Islam, J Badrul Haider J Chowdhury, J Ahmed Hossain & ors............Appellants. Vs. Basharat Ali and ors............. Respondents Judgment 29 June, 1978 The State Acquisition and Tenancy ......es. Firstly, it gives the right of pre emption to the co-sharer tenants of the holding; and, secondly, it gives right of preemption to the tenant holding land contiguous to the land transferred For proper interpretation of the expression "contiguous to the land transferred" it is to be first see......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ..Category: Property Law | Date: | Hits: 66
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......9 ......ondents Judgment Nov. 21, 1978. The Waqf Ordinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged before the District Judge. Section 50 ......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ..Category: Trust/Waqf Law | Date: | Hits: 196
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
.... that no Court shall have any Jurisdiction of any kind in respect of any proceedings of any such Court. We do not find similar provisions expressly made in the Special Powers Act effecting such complete ouster of jurisdiction of the High Court Division in respect of any proceedings before the ......963 SC 447; Uttar Pradesh v. Md. Naim, AIR 1964 SC. 703 at 705; Ratilal Bhanji Mithan Vs. Asstt. Collector of Customs, AIR 1967 SC 1639 at 1641; Golam Mohammad Vs. Mozammel Khan, (1967) 19 DLR SC 439 and Government Vs. A.T. Mridha (1974)26 DLR (AD) 17 at pp 21, 25; AIR 1945 PC 94; AIR 1945 PC 18; ......ecial statute to the High Court Division so that it may exercise jurisdiction over such court under section 561A. The expression used in section 561A is "any Court". This expression by itself, if properly interpreted, would mean a criminal court as distinguished from a court which is not cri......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......haraj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joer Seamigal, ILR 1940 Mad 901. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by SM 11uq, Advocate-on-Record–For the Appella......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......have deemed it to be their duty to correct erroneous interlocutory orders, though not brought under their consideration until the whole cause had been decided, and brought whether by appeal for adjudication." This view was reiterated in a subsequent ca..Category: Others | Date: | Hits: 119
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....e on record that deceased Ekhlasuddin, his son and P.W. 2 started on a motorcycle from their village home at 645 AM and that they were bound for Jessore. The trial Court and the High Court Division completely lost sight of this aspect of the case. 25. The other group of witnesses who tra......ed in: 45 DLR (AD) (1993) 140 ......itterness between the parties and an apparent attempt has been made to implicate the sworn enemies of the deceased by improving the prosecution case at different stages through partisan witnesses, proper norms of appreciation of evidence have been adhered to. 14. Mr. Abdul Malek, learned ......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......ivision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd……………….Petitioner Vs. Bangladesh Shilpa Bank and others ..........................Respondents Judgment February 16, 1993. Lawyers Invol......t No. 8 on 2.6.90 and as respondent No. 8 was already in possession of the premises of the company no formal delivery was necessary. 5. Dr. Hossain questioned the authority of the Bank to sell the property by private negotiation when the Bank had already called public tender and the last date for......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ..Category: Banking Law | Date: | Hits: 142
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ...... J Mustafa Kamal J Latifur Rahman J. Haji Sk Md. Lutfur Rahman ……………..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Respondents Judgment January 21st, 1993. ......erred the house to Md. Khalil Miah for a consideration of Taka 6,000.00 and mutated his name with the Relief Department of the Government. Thereafter on 22.3.1979 Md. Khalil Miah transferred the property to Shahida Begum for consideration of Tk. 8,000.00 who in turn again sold the house to Md....... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ..Category: Property Law | Date: | Hits: 63
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