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Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... 37. In Alam Ara Huq Vs. Government of Bangladesh 42 DLR 98 in view of the exceptional circumstances when on two previous occasions the Court's orders of release were frustrated by serving a fresh order of detention on the detenu in jail, our High Court Division resorted to habeas corpus a......qually efficacious remedy is provided by law………………………………………….. (b) on the application of any person, make an order – (i) directing that a person in custody ..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....t the application for certified copy made on 24.3.88 was rejected on 11.5.88 for not taking steps. The learned District Judge took exception that there was no explanation why steps were not taken and fresh application was not made till 25.6.88. In the supplementary affidavit in the High Court Divisi......aimed by them, which was corroborated by the annexed information slip was not considered at all by the High Court Division and thus the credibility of their explanation of subsequent rejection of the application for certified copy for not taking steps due to non‑availability of requisite funds was..Category: Limitation Law | Date: | Hits: 185
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ......in First Miscellaneous Appeal No. 34 of 1988) Judgment: Mustafa Kamal, J: The trial Court having dismissed the defendants application under Order IX, Rule 13 of the Code of Civil Procedure for setting aside the ex parte d..Category: Procedural Law | Date: | Hits: 99
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......ating any of the appellants with the murder of Nurul Islam and there being no prima facie evidence involving the appellants they are entitled to bail and refusal of their bail amounts to non‑application of judicial mind to the materials on record. He also submits that the appellants are in..Category: Criminal Law | Date: | Hits: 60
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....s death as it was his personal right and, as such, the decree against him became infructuous. Their contention was upheld by the learned Munsif who further held that for ejectment of the appellants a fresh suit was to be filed. But in revision, CR No.131 of 1985, the learned Single Judge of the High......of the Execution Proceeding, the tenant, Sukhendu Das, died whereupon his heirs, who are appellants before us, were substituted. But they challenged the continuation of the Execution Proceeding by an application under section 151 of the Civil PC alleging that the tenancy created in favour of their p..Category: Tenancy Law | Date: | Hits: 97
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......1. 2. 1969. The Inquiry Officer submitted a report and on that basis the respondent No. 2 was dismissed from service from 1st October, 1969. 3. Respondent No. 2 moved the Labour Court by an application under section 25(i)(b) of the Bangladesh Employment of Labour (Standing Orders) Act, 19..Category: Labour and Industrial Law | Date: | Hits: 144
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ...... in office when the appellant came to learn about the remarks. It would have been fair on his part if he would have appeared before the learned Judge for expunction of the impugned remarks with an application in accordance with law. Instead the appellant straight away approached the higher court..Category: Others | Date: | Hits: 157
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. ......1969. Against the said order of the Magistrate the Sessions Judge was moved under Section-435 read with Section 436, Cr.P.C. The Additional Sessions Judge, 3rd Court Dacca who heard the revisional application upheld the order of the Sub-Divisional Magistrate that the respondent Bahauddin Ahmed c..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. ......and that the sentence was inadequate. The learned Judges of the Allahabad High Court altered Kishan Singh's conviction under section 304 into one under section 302 and sentenced him to death on the application for revision under section 439, Cr.P.C. Kishan Singh, on special leave, appealed to the..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: ......, appellant in Appeal No. 7-D of 1971 was declared elected unopposed as Vice-Chairman of the Narayanganj Municipal Committee. 3. On the 24th December, 1966 respondent Mr. Mainuddin Ahmed filed an application under Order XXXIX, Rule 2 of the Code of Civil Procedure before the Munsif of the afore ..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. ...... belonging to the said Sebasram under section 3 of the East Bengal (Emergency) Requisition of Property Act as well as a notice for acquisition under section 5(3) of the said Act. 3. An application was filed before the said Bench on the/29th of January, 1968 (the 27th and 28th being S..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ...... 1 and 2 in the property in suit. 3. After the service of the notices of the suit the appellant, namely, Dacca Improvement Trust, which is defendant No. 1 in the suit, appeared and filed an application stating that the suit was barred under section 93C of the Town Improvement Act, and tha..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....fiable. Hence the position shown cannot be accepted." 3. On a scrutiny of the loan account disclosed by the assessee in respect of the said assesment year, the Income-tax Officer found that a fresh loan of Rs. 30000/- was shown to have been taken from Mst. Sugra Begum, the mother of Ata Hoss...... and the Tribunal in rejecting the assessee's account and enhancing its income under the first proviso to section 13 of the Income-tax Act, on the basis of certain judicial authorities which had no application to the facts of the instant case. Learned Counsel has contended that the Revenue Authori..Category: Fiscal/Taxation Law | Date: | Hits: 164
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....ed is whether the point of law decided in the case admits of any further consideration, if not, then there arises no question of review of the decision already made. There is no scope to enter into fresh consideration of facts. In the instant case, the learned Magistrate and the learned first ap......e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......ted 22. 5. 75 passed in petition No. 1054 of 1974). Judgment Mahmud Husain CJ.—This appeal by special leave is against a judgment of a Bench of the High Court Division and it arises out of an application filed under Article 102 of the Constitution of the People's Republic of Bangladesh. Le..Category: Business or Commercial Law | Date: | Hits: 129
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. ...... in Miscellaneous Case No. 50 of 1967. 2. The appeal arises in the following circumstances. Appellant Haji Md. Shariatullah filed, in the 3rd Court of the Subordinate Judge, Dacca, an application under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950 (here..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....as correct, they could not have rest contented by merely setting aside the judgment of the lower appellate Court and, restoring the Judgment of the trial court. There should have been in that event a fresh decision by the said court of appeal below, and for the said purpose the case should have been......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)
....oured this interpretation of the words 'any person' as used in sub-rule (2) of Order 40, rule 1. As regards the Allahabad High Court, there had been a subsequent reference to another Full Bench for a fresh consideration of the question as to the true import of sub-rule (2), but the Full Bench in t...... disputed properties. After the institution of the suit, hostilities between India and Pakistan broke out on the 6th September, 1965 and the Emergency Laws came into force. 3. On 12. 6. 67 an application was filed on behalf of defendant No. 28, the Deputy Commissioner of Dinajpur, for tran..Category: Property Law | Date: | Hits: 93
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....he election of a returned candidate and pray that some other person has been duly elected to the office. In such a case tie election as a whole is not set aside and there A no necessity for holding a fresh poll for the purpose of an election to the disputed office, under clause (b) of rule 60 the el......ivision in Petition No. 1473 of 1974). Judgment Debesh Chandra Bhattacharya J.— This appeal by Special Leave is against an order of a Bench of the High Court Division summarily rejecting an application under Article 102(2) of the Constitution of the People's Republic of Bangladesh and re..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. ......e attachment of persons not parties to the suit. 27. This appeal has arisen out of a proceeding started by the decree-holder, subsequent to the passing of the decree, by filing an application under Order 21 rule 46 B of the Code requiring the Government to pay the security depos..Category: Civil Law | Date: | Hits: 103
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