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Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....on and authentication of the weekly 'Ispat’ is concerned, Mr. Ahmed mentioned that the authentication of declaration as required under sections 7 and 12 of the Act was made on 11th March 1974 and fresh declaration and was made by the appellant on 22nd November 1976 for changing the periodicity...... to appeal on the following terms: "Petitioner's Counsel Khondker Mahbubuddin Ahmed contended that the learned Judges of the High Court Division were wrong in rejecting the petitioner's application summarily on the ground that the "District Magistrate" used in sections 12,23 and 24..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......Bench in Criminal Revision No. 22 of 1985 under section 561A Cr. P C. It was contended before the High Court Division that the learned Sessions Judge had no jurisdiction "to reject the petitioners' application dated 6.11.84" and the learned Sessions Judge had no power to quash a proceeding under s..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....ance and fixing date of trial. On 26.11.80 all the accused were present and 16.3.81 was fixed for trial. On that date i.e. 16.3.81 the case was taken up for hearing in the presence of the accused and fresh charge was framed to which the accused pleaded not guilty and claimed to be tried. Upon the co...... of all the accused and all of them in fact participated in the occurrence in different manner with such common intention, the learned Additional Sessions Judge rightly found the appellants guilty by application of section 149 of the Penal Code. The Appeal is dismissed…….(12) Cases Referred to..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......th lands and buildings if any manage the same as per provisions of P O. No. 73 of 1972. (Bangladesh Govt. Hats and Bazars Management Order, 1972)." 7. Defendant No.7, Golam Hossain Khan, filed an application to true Joint Secretary, Ministry of Land Administration and Land Reforms Division, fo..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ...... rate or tax. On the contrary section 9 authorises is to be a part of the bargain. In this view of the matter, there is no hesitation in saying that the provisions of section 10 have no manner of application. 15. The learned Judge referred to the decision of these Courts in Shamsuddin Ahmed v..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......en so because, appellant's Counsel, instead of advancing lengthy submissions, briefly mentioned the background of the case and took time. Adjournment of the appeal was granted for a day. Next day, an application tendering unqualified apology was filed on behalf of the appellant where, in one paragra..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......ocal Government (Union Parishads Ordinance, 1983. In other words, whether against such an order revision under section 115 of the Code of Civil Procedure would lie to High Court Division or an application under Article 102 of the Constitution is to be preferred. Differences of opinion among ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......w or procedure must be such an erroneous proposition of law that if that proposition be corrected the finding cannot stand: or it may be the neglect of tome principles of law or procedure, whose application will have the same effect. The question whether there is evidence on which the Courts ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ...... the other two decisions laid down the proposition that when no appeal is filed against preliminary decree, the same cannot be challenged after the final decree. These two decisions have no manner of application in the facts of the present case. 14. The Code defines decree in section 2 (2) which ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......inted out by the trial Court that the plaintiff was not in possession and the suit was not maintainable, under section 42 of the Specific Relief Act. There is an inordinate delay in making this application for amendment of the plaint (made during the hearing of the Second Appeal). Accordingl..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......le Munim CJ.-This appeal arises from F.M A. No. 184 of 1984 decided by a Single Judge of the High Court Division, Dhaka (Mr. Justice Sultan Hussein Khan) on 29th May, 1985. 2. Appellant filed an application under section 25 of the Guardian and Wards Act, (Act VIII of 1890) in the court of Distr..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......sed by the subordinate Judge against whose decision the plaintiff filed a revisional application being Revision Case No. 387 of 1981 before the High Court Division and the latter, on allowing the application, remanded the appeal to the Subordinate Judge for rehearing. Thus after re-hearing the a..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......r a plea is available unless it is found that the plaintiff is in possession of the land for more than 60 years. 7. The arguments are not convincing. Firstly, P. O. No. 90 of 1972 has no manner of application, because the plaintiff has not challenged the acquisition of any property under the Stat..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....the Government found it difficult to challenge the decision in appeal, but in deference to the decision of the Court the Government absorbed the said petitioner in the government service by issuing fresh order of appointment and withdrew him from the bank's service altogether, and gave him a new a...... Subordinate Judge, by his judgment dated 21 January 1980 concurring with the findings of the trial Court that he was not a government servant. He then moved the High Court Division with a revisional application under section 115 (1) of the Civil Procedure Code agitating the same point, and a learne..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......ompromise hound the parties to the decree. 3. As the respondent Company failed to repay the monthly installments from November 1974 as per terms of the compromise decree the appellant filed an application in the month of May, 1980 in the Court of District Judge, Dhaka for execution of the sai..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....fore the Appellate Joint Commissioner of Taxes and it was dismissed. The assessee then preferred an appeal before the Income Tax Appellate Tribunal. The majority decision of the Tribunal was that a fresh notice ought to have been served upon the assessee before imposing additional taxes under sect......l leave are directed against the judgment and order passed by the Division Bench of the High Court Division in Application No. 6 of 1981. 2. The Commissioner of Taxes, East Zone, Dhaka, filed an application under section 66(1) of the Income Tax Act and the question of law was framed thus: ''..Category: Fiscal/Taxation Law | Date: | Hits: 95
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
.... he has made and subscribed before the District Magistrate within whose local jurisdiction such press may be a declaration in Form A. (2) As often as the place where printing press is changed, a fresh declaration shall be accessory; Provided that where the change is for a period not exceeding s...... of the Printing, Presses and Publications (Declaration and Registration) Act, 1973. Being dissatisfied with the order of the learned Metropolitan Magistrate complainant respondent preferred as application under section 528, Cr.P.C. before the Chief Metropolitan Magistrate, Dhaka As the applic..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
.... by one Hajee Mohammad Ali, Managing Partner of the appellant firm under an agreement dated 1st December 1967. Subsequently, when the sole proprietorship business was converted into the partnership a fresh agreement was executed by respondent No. 1 in favour of the firm on 2nd September 1968. During......nce of P.W.1, Manjur Ahmed Chowdhury, District Marketing Officer of respondent No. 1, it appears that the Petrol station was taken over by the Government as abandoned property and released on his application on 18th January, 1972. It may, however, be mentioned that Abandoned Property Order, 19..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......late Court below. Thereafter the accused petitioners moved the Sessions Judge under section 439A Cr.P.C. and the learned Sessions Judge dismissed the revision case, whereupon the accused filed an application under section 561A Cr.P.C. for quashing the proceeding inasmuch as the individual case o..Category: Criminal Law | Date: | Hits: 53
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......ame petition before the Company Judge, in not maintainable and cannot be disposed of together ………..(23) Where winding up order had intervened whereby rights of creditors were made paramount, application for rectification must be refused…………..(14) The Petition containing the praye..Category: Company Law | Date: | Hits: 195
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