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Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ......tice is simply that no person shall be deprived of any vested right by any order judicial or otherwise without a hearing before an independent authority, not interested in the proceedings or in any party to the proceeding. The frontier of natural justice with the progress of rule of law and esta..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. ...... Proclamation." 17. The position of the Constitution vis-a-vis the Proclamation and Martial Law Regulation was considered by this Division in Haji Joynal Abedin's case, to which my’ self was a party, After examining the question from various aspect this Division expressed the view which w..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. ......d in the requisition and acquisition list and his pucca house would be demolished. The complainant was 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 afore..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. ....... On December 2, 1919 the judgment-debtor applied to the Court for permission .to deposit the decretal amount. The Court permitted this to be done subject to objection by the decree-holder opposite party. The Court ultimately dismissed the application on accepting the objection raised by the decre..Category: Procedural Law | Date: | Hits: 147
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....led the pre-emption case on February 23, 1966. The appellant contested the case by filing two lets of written objection contending, inter alia, that the case is not maintainable on account of defect of parties, as many of the co-shares by inheritance in the case holding have not been implea......or non-impleading a person as contemplated in sub-section (2) is the invalidity of the order which may ultimately be made in the laid proceeding. The question whether a person is a necessary party under sub-section (2) it a question of fact and the object of this provision seems to provid..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: ......isions of Law are quoted below: Section 144, Civil Procedure Code. S. 144 (1). Where and in so far as decree is varied or reversed the Court of first instance shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made ..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. ......-Judl, dated 3-9-1965 (Exhibit D) wrote to the District Registrar that "Government have no objection to the registration of these deeds provided all other formalities are observed by the party concerned". On receipt of this letter, the District Registrar registered the kabala..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
.... whether in a Court of first instance or in a Court of appeal against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a Court which from defect of jurisdiction, or other cause of a like nature, is unable to entertain it." ......e language of section 14 of the Limitation Act does not tend to bar its application to execution proceedings. The provisions of section 14 provide for exclusion of time of proceeding bonafide by a party in a court which has no jurisdiction to entertain the proceeding. This section is available n..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......iminal Procedure, directing the appellants to execute "bond for good behaviour," but without complying with the provisions of section 112 of the said Code. 2. The respondents-first party had filed an application before the Sub-Divisional Magistrate, Chittagong for drawing u..Category: Criminal Law | Date: | Hits: 51
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....ng law is to be judged by three tests. The first is to see whether Parliament is clothed with the legislative power on the subject. The second is whether by validation, Parliament has removed the defect which the Court had found in the earlier law. And thirdly, whether the validating law is cons...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......new method of drafting which has given rise to the controversy. It is true that an "appeal from the judgment" would include appeal against conviction and or science then by the party of reasoning a point may be raised as to why in Section 30(1) both expressions "judgment..Category: Criminal Law | Date: | Hits: 40
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......the Appellate Tribunal under section 33. Tribunal may refer any question of law involved in the case for determination by the High Court and if the Tribunal does not refer, the aggrieved party can move the Court to require the Tribunal to state the case. Further, in the scheme of the A..Category: Fiscal/Taxation Law | Date: | Hits: 85
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......ion as to the good faith of a transaction between the parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence. Relationship between the pardanashin woman and the..Category: Property Law | Date: | Hits: 57
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......circumstances of each case but then it is not so vague as to rob it of all meanings. Malafide must be alleged and facts constituting mala fide are to be stated and when called upon by the Court the party alleging mala fide must establish it by an affidavit or otherwise. In order to strike down a..Category: Criminal Law | Date: | Hits: 287
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......s silent as to whether restitution is available when an order is varied, reversed or set aside But the principle of restitution is that on the reversal of a judgment an obligation is created for a party who had received the benefit of the erroneous judgment to make restitution to the other ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......rent power exercised in discharging its judicial function. 28. In A.P.H. Conference Shillong W A. Sangma, AIR 1977 SC 2155, the question was whether a determination do-recognising a political party, under Election Symbols (Reservation and Allotment) Order 1968, of the Election Commission cou..Category: Constitutional Law | Date: | Hits: 188
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......that in the impugned Centres the respondent had secured a substantial majority. Thereafter, it cannot be said that he was adversely affected by the result of the election. He cannot be an aggrieved party because it was hit majority but the over all result in other 83 Centres the appellant, howev..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......cellaneous case. The proceeding is still pending before he Magistrate and the allegation is that he obtained some signatures on blank papers from the person who in the pending ease is figuring as a party. The proceeding is still pending but allegedly he sent a telegram to the Sessions Judge ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......rcumstances of each cases, but then it is not vague as to rob it of ail meanings. Mala fide, must be alleged, and facts constituting mala fide are to be stated, and when called upon by the Court, the party alleging mala fide must establish it by affidavit or otherwise. In order to strike down an ord..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....al in the Parana L.R. Vol. II 118 considered the point and held that in the facts of that case the consignee could not recover damages for the loss of market because of a protracted voyage due to the defects of the ship when by that time the market price of the goods shipped had fallen. Mr. Rafique-...... 23. It is clear that plaintiff being an importer was assessing his damages in terms of market loss of business and loss of profit. In other words, his action was for damages. He made the shipper a party in the suit. That party subsequently became the owner of the vessel as well. It was clearly an..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
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