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Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......vely have its intended effect on the validity of the lease by the Government has quite rightly been foreseen by the appellant. For the reasons stated above, the appeal is allowed; the judgment and order of the High Court Division are set aside and the suit being T.S. No. 181 of 1979 of the Court ......der as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......181 of 1979 in the court of Subordinate Judge, Noakhali for declaration that the suit land was not vested and non-resident property. Allegations were that the suit land was purchased in auction in Money Execution Case No. 47 of 1961 by several persons, namely, Subhas Chandra Pal having 8 annas sha..Category: Property Law | Date: | Hits: 42
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......……………………….……Respondents Judgment April 22, 1986. The Criminal Procedure Code, 1898 (V of 1898), sections 265H, 265F, 265C & 339C The Sessions Judge cannot pass an order of acquittal without complying with the provisions under section 265F Cr.P.C. In a cri......eeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......, the process of the court if should be issued on the application of the prosecution. Without complying with this provision the learned Sessions Judge passed the order of acquittal which is not sanctioned by law. Therefore, this order must be set aside. The proceeding of the case will commence from ..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......ondents Judgment March 24, 1986. The Companies Act, 1913 (VII of 1913), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court may order a meeting of the company only under the conditions provided under those provisions. Be......s to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......ection 131A regarding Director's report were ignored and even if the first Annual General Meeting was held validly, the placing of the balance-sheet under section 131(1) of the Companies Act was not done validly and a default in holding the first Annual General Meeting in terms of section 76(1) re..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......al Attorney General, instructed by B. Hossain, Advocate-on-Record-For Respondent Nos. 1, 2 and 5. Ex-parte—for Respondent Nos. 3 and 4. Civil Appeal No. 20 of 1986. (From the judgment and order dated 11.7.85 passed by the High Court Division, Dhaka Bench, in Civil Order Case No. 497 of 1...... to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......d the Military Estate Officers as specified in the Schedule of the said Notification, to sign and verify the plaint or written statement in a suit by or against the Government. The Deputy Commissioner has, therefore, no competence to do it. In respect of the Ministry of Defence, under sub..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......hese facts and circumstances and for reasons stated above, the appeal is allowed. The judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......deed. 6. Being aggrieved appellant moved this Court and obtained special leave to appeal on the following terms:— "Mr. Mahmudul Islam, learned Advocate appearing on behalf of the petitioner submits that the High Court Division was wrong in not holding that the respondent Nos. 1 ..Category: Criminal Law | Date: | Hits: 88
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ...... this provision of section 494 of the Code the Public Prosecutor alone is authorised to file an application for withdrawn of a case from the prosecution. In this case the Magistrate having passed the order of withdrawal without any application from the Public Prosecutor is an illegality and such ord......ny reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ...... Appellate Division (Criminal) Present: F K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M H. Rah man J A. B. M. Tofayel Ahmed...........................Petitioner (In both the cases) Vs. Sheikh Aminuddin & others………….. Respondent (In both the..Category: Criminal Law | Date: | Hits: 71
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......….....Respondents Judgment March 6, 1986. Result: The appeal is dismissed. The Local Government (Union Parishad) Rules, 1953, Rule 49 Re-counting of ballot papers. A Tribunal ordering fresh election in one centre without declaring result of the election void, is illegal…......dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......gment March 6, 1986. Result: The appeal is dismissed. The Local Government (Union Parishad) Rules, 1953, Rule 49 Re-counting of ballot papers. A Tribunal ordering fresh election in one centre without declaring result of the election void, is illegal……(8) Recounting of the b..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ......………………..Respondents Judgment January 19, 1984. The Union Parishads (Election) Rule, rules 38(3), 39 (1) (4), 45(a) The Returning Officer had no jurisdiction to pass any order of recounting of votes. The Election disputes are ad-hoc disputes. Each case is to be decided ...... to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ...... pass any order of recounting of votes. The Election disputes are ad-hoc disputes. Each case is to be decided on its own merit. The order that election of the returned candidate is void and the petitioner has been duly elected, passed by the Tribunal and affirmed by the learned District Judge has be..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265....... In this case, no adjustment was prayed for and no such question was raised for determination in the trial Court. It is now too late to raise this question in giving effect to the condition in the order for rateable since the trial Court acted well within the bounds of law. The High Court Divisio......rder as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265...... may in its discretion exempt a transferee-pre-emptee, in whose favour rateable pre-emption is otherwise allowed, from making the deposit but to adjust the amount due from him against preemption money already deposited under subsection 1, if a prayer to this effect is made to the Court in appr..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....Court Division, Dhaka (Mr. Justice Abdul Matin Khan Chowdhury and Mr. Justice Amin-ur- Rahman) passed in Writ Petition No. 113 of 1985 on 22nd May 1985. 2. Appellant who is the editor, printer and publisher of the weekly 'Ispat' filed Writ Petition No. 113 of 1985 in the High Court Division c......o. 113 of 1985 on 22nd May 1985. 2. Appellant who is the editor, printer and publisher of the weekly 'Ispat' filed Writ Petition No. 113 of 1985 in the High Court Division challenging that the order dated 16th April 1985 passed by respondent No. 1, District Magistrate, Kushtia by which he d......order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......t: The Appeal is allowed. The Printing Presses and Publication (Declaration and Registration) Act, 1973 (XXIII of 1973) Declaration in respect of authentication of a newspaper can be done as much by the Additional District Magistrate as by the Divisional Magistrate under section 12 o..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 ......ecord- For the Respondent Nos. 3, 15 & 16 (in both the appeals). Not Represented—For Respondent Nos. 1, 2, 4-14 & 17 (in both the appeals). Criminal Appeal Nos. 48 and 49 of 1985. From the order dated 5.8.85 passed by the High Court Division, Dhaka Bench in Writ Petitions No. 253 of 1985 ......ssions 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 ......n 5.1.85. 3. Opposite party Nos. 1 to 4, 13 and 14 filed Criminal Motion No. 49 (1) of 1985 before the learned Sessions Judge Pirojpur. The learned Sessions Judge noticed that the first party mentioned two date of commence i.e. 17.7.84 and 4.11.84. That was a MR. Case No. 42 of 1984, but there wa..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......ate-on Record—For the Appellants. A. W Bhuiyan, Additional Attorney General, B Hossain, Advocate-on-Record— For the Respondent. Criminal Appeal No. 13 of 1985. (From the Judgment and order dated 12-4-83 passed by the Division Bench of High Court Division Rangpur Bench in Criminal Ap......eave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......the appearance of the accused before the court for the purpose of hearing the accusation or charge against him or them. The trial actually started on 16.03.1981 and it is the date which should be reckoned as the starting point of the trial. The High Court Division committed no error in holding that ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....l sit cannot, therefore, be declared by any Court. In this connection he also submitted that in view of the publication of the compensation assessment roll in the notification dated 11th April 1978 published in the Bangladesh Gazette on 20th April 1978, no right in relation to Salimabad hat can an......ollows: (a) that a decree be passed declaring that Salimabad hat in an old hat, and is entitled to sit on Tuesday and Friday in a week as usual; (b) that a decree be passed declaring that the order dated 26.12.72 passed by the defendant No. 2 is illegal, void, imperative and of no legal ef......i J Abdul Mannaf Khan and others……..Appellants (In both cases). Vs. Bangladesh & another…………………………Respondents (In Civil Appeal No. 163 of 1983). Golam Hossain Khan…………………….Respondent (In Civil Appeal No. 164 of 1983) Judgment August 2...... British Museum [1903] 2Ch. 612; Strata Mercella's Case, 9 Rep. 25 b.; Northumberland vs. Houghton, L.R. 5 Ex. 127; Cunningham v. Tomey Homma [l903] A.C. 141; State v. Weatherly, 45 No. 20; Commissioner of Taxes v. Ford Motor Co. of Australia Pty. Ltd, [1941] St. R. Qd. 233; Rakhal Das Addy vs. Du..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 ......al, Senior Advocate, Instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 73 of 1984. (From the judgment and order dated 22.11.1983 passed by the High Court Division, Comilla Bench, in Civil Revision No. 893 o......s to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......on partnership business with defendant No. 2 since 1974. The defendant paid rent regularly, but the plaintiff refused to accept rent. So he sent rent for the month of September and October 1977 by money order which was received by the plaintiff and further remitted be rent for the mouth of Novembe..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 ......d 28.11.84 pasted by the High Court Division, Rangpur in Criminal Misc. Case No. 24 of 1984 and Suo Motu Rule No. 41 of 1984. Judgment: Fazle Munim CJ.-This appeal arises from the Judgment and order in Criminal Miscellaneous Case No. 24 of 1984 and sue motu Rule No. 41 of 1984 passed by a Ben......e 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 ......zing the Courts”……..(22) Action of the respondent humiliating to the presiding officer of a Court, however small it may be, amounts to clear defiance of the Majesty of Law, cannot be condoned legally………(23) Cases Referred to- Asharam M. Jain vs. A.T. Gupta, AIR 1983 SC 1151: ..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. ......5 respectively.) Judgmen Fazle Munim CJ. - In all these appeals the common question of law which has arisen for determination is what procedure is available to a person for challenging the order passed by the District Judge under Article 29 (4) of the Local Government (Union Parishads Or......as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......er election petitions.- The Election Commission, either of its own motion or on an application made in this behalf by any of the parties, may, at any stage, transfer an election petition from one Election Tribunal to another Election Tribunal, and the Tribunal to which the petition is so ..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. ...... Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Aftab Hussain, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 68 of 1983. (From the judgment and order dated May 5, 1981 passed by the High Court Division in Civil Revision No. 263 of 1981.) Jud....... No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......o. 1. Civil Appeal No. 68 of 1983. (From the judgment and order dated May 5, 1981 passed by the High Court Division in Civil Revision No. 263 of 1981.) Judgment Fazle Munim CJ. - I have gone through the judgments written by Badrul Haider Chowdhury and Shahabuddin Ahmed, JJ. I concur w..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 ...... As far back in 1882 the Court of Appeal in England in Inre Swire Mellor vs. Swire reported in LR 1885 (C.D) 239 this point was considered. Gotten L. J. observed: "The Court will not allow an order to stand which does not express what the Court intended, an order containing a declaration o......as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......efendant in the suit was defendant No. 49, who by filing separate, written statements; contended that the first schedule of land of the written-statement was owned by him by virtue of purchase from one Mukhyadamoyee and others, and since purchase he is in possession thereof by paying rent to the..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....of the recorded proprietor of the estate providing further that no sale shall take place until the officer’ conducting the sale has satisfied himself that the notification of sale has been duly published, and the notice of sale has been sent to the proprietor by registered post clearly ind......ivisional Commissioner which was dismissed on 13th November 1953 as being filed beyond the period of limitation. The Board of Revenue also did not entertain his revisional application against the order on the same ground. 26. Surprisingly enough, plaintiff-appellant did not file any suit fo...... order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115...... 74 of 1960 in the court of Munsif 2nd Court, Sadar, Chittagong, for a declaration that the sale of Noabad jote No. 5 held by the Collector on 24th June 1953 and sold to the defendant-respondent was done without jurisdiction and was, therefore, void, invalid and inoperative. The sale did neither con..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 ......lant, his father, was entitled to his custody. Besides, appellant who is a Superintending Engineer had sufficient means to provide for the boy's medical treatment and, therefore, the refusal to order the custody of the son to the appellant was arbitrary. 6. Appellant's Counsel mentioned t......s to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......he boy was also asked several questions by the Court. On hearing the case and on consideration of the evidence the learned District Judge dismissed the application. Appellant preferred the above mentioned appeal in the High Court Division which was, however, dismissed. 4. Being aggrieved, appel..Category: Family Law | Date: | Hits: 152
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