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Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
....& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......llant filed a suit, SCC Suit No. 54 of 1986, in the Court of Subordinate Judge, First Court, Chittagong against defendant‑respondent No. 2. On 26th November, 1986 respondent No. 1 as a third party‑petitioner filed an application for adding him as a defendant in the suit asserting int..Category: Procedural Law | Date: | Hits: 110
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......Division in the instant case followed 33 DLR 376 terming it as "the latest pronouncement" of that Court. The learned Judge, Sultan Hossain Khan, J., who delivered the judgment in this case was a party to 33 DLR 376. Subsequently, another Division Bench held a diametrically opposite view in..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......ions cited by the appellant in detail. The upshot of all these decisions, in brief, is that the term 'appeal' has not been defined in the Code; that it is meant to be an application by an aggrieved party to an appellate court asking it to set aside, modify or revise a decision of a subordinate c..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....ence may be found. The provision for the execution of sentence in the instant case cannot be held to be discretionary. It is mandatory. Even if the provision for execution is held directory and the defect in the warrant as mere irregular, for upholding the custody of the prisoner the order of co...... "Enactments regulating the procedure in courts are usually constructed as imperative, even where the observance of the formalities in question is not a condition exacted from the party seeking the benefit of the statute, but a duty imposed on a court or public officer when no ..Category: Constitutional Law | Date: | Hits: 365
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ...... Monthly tenant and Licensee. A tenancy from month to month does not mean that it is meant for only one month, but it is a tenancy for an unstated period, which is however, determinable by either party by a notice to quit. Possessory right of a licensee is terminable at any time at the mere will..Category: Tenancy Law | Date: | Hits: 97
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......t out at noon to-day by some 3000 students of Dacca University, Engineering University and neighbouring institutions. This was in violation of section 144, Cr. P.C. in force in the city. A police party, therefore, met the processionists at the crossing near Nazimuddin Road and asked them to di..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......ases of appeals preferred against order of conviction and sentence. The powers conferred by this clause cannot be exercised for the purpose of reversing an order of acquittal passed in favour of a party in respect of an offence charged, in dealing with an appeal preferred by him against the orde..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......ts till the order of injunction was passed and they came to know about the injunction order from Mainuddin Ahmed who after the order of injunction came out of the court room and informed those of his party men who were standing along with Mr. M.A. Zaher and Haji Jalaluddin Ahmed. Having known about ..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......initiated the action or his representative is present in Court to prosecute such action. The Court will not generally hear or decide an action in the absence of such a person. It is the duty of the party concerned to be present in Court to prosecute the action and the Court may in his absence ver..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....signed, was not taken any notice of by the Court or by the parties and the appeal was decided without such a copy. The learned Judge of the High Court has, however, held that though the appeal was defective in form and the defect could have been rectified by a suitable order of the Court requiri......e when the appeal was filled and the attention of the court having not been drawn to the effect relating to the filing of a certified copy of the decree, it would not be reasonable to penalise the party for the default of the office in suggesting that it was needful for the party to move the Cou..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
..... 53,000/- during assessment years 1956-57, 1957-58 and 1958-59 respectively." The Appellate Assistant Commissioner of Income-lax proceeded to record his finding in the following manner: "The defects found by the Income-tax Officer exist in the books of account. Considering the nature of t......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141...Category: Fiscal/Taxation Law | Date: | Hits: 164
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......he leave application the appellant contended that (i) an application purported to be under section 47 of the Code filed by Respondent No. 1 Ashrafun Nessa was not maintainable as she was not a party to the pre-emption proceeding and (ii) that in the absence of a finding that Respondent ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....y Act, the learned Judges do not appear to have come to any firm finding, but have merely observed that it if was the case of the plaintiff that the defendant was a tenant-at-will, there was also the defect of non-service of notice under section 111 (g) of the Transfer of Property Act. This observat......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......in view of sub-rule (2) of Rule 1 of Order 40 of the Code. 10. It should be pointed out that none of these grounds were pressed either in the Trial Court or before the High Court and ordinarily a party is not allowed to raise such questions for the first time in the highest tribunal as certain..Category: Property Law | Date: | Hits: 93
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......ontested for the office of Vice-Chairman or of any of the members disputed the result of the election to any of the said offices, and none of the successful candidates for the said offices was made a party to the said proceeding before the Election Tribunal. 4. The election petition was opposed ..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......bsp;In the Province of West Bengal and Province of East Bengal Vs. Banamali Sen, another Division Bench of the Calcutta High Court took the same view, that the security, deposited by a party for satisfaction of cost of appeal to Privy Council, is liable to attachment, in as much as, ..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ...... where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an innocent party and abuse of the process of the Court. Besides, some categories of cases may also be indicated..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ......sp; that he had concealed a rifle in the dwelling hut of his cousin and co-villager Altaf Hossain and in pursuance of that statement he led to the Officer-in-Charge and the police party to the house of Altaf Hossain and from appellant Altaf Hossain's north bhiti dwelling hut ap..Category: Criminal Law | Date: | Hits: 64
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....oes not take away the foundation or authority for the proceeding, or apply to its whole operation whereas a nullity is a preceding that is taken without any foundation for it, or is so essentially defective as to be of no avail or effect whatever, or is void and incapable of being validated. It ......l, 1969 for appointment of an arbitrator in Misc. Case no. 75 of 1968 which was initiated by the former Arbitrator for extension of time. 5. A petition of objection was filed on behalf of Opposite party No. 4, Civil Engineer, Pak. P.W.D. on the 14th of June, 1969 in which various objections were ..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ......risdiction of the Supreme Court. 14. Reading the Articles together, it is clear that from a judgment of a High Court passed on reference under section 66 of the Income-Tax Act, an aggrieved party has two remedies open to him. He can under section 66A (2) obtain a certificate of fitness f..Category: Fiscal/Taxation Law | Date: | Hits: 126
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