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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. ......Aftab Hossain, Advocate‑on‑Record ‑ For the Respondent No.1. Ex‑parte‑ Respondent Nos. 2 & 3. Civil Appeal No.9 of 1986 (From the Judgment and order dated 19th November, 1985 passed by the High Court Division, Dhaka in Civil Revision No.773 o......Ram & Sons Vs. Commissioner of Income Tax Punjab, AIR 1956 (SC) 367; Banwarilal Bhoid Vs. Neelkantham AIR 1965‑Orissa 102, Jagat Jamani Dibi Vs. Jyotsna Basu AIR 1978 Calcutta 392 and Surinder Kaur Vs. Mohinder Bahadur Singh AIR 1978 HP 27. Lawyers Involved: Khondkar Mahb...... Judgment May 9, 1991 Cases Referred to- M/s. Mela Ram & Sons Vs. Commissioner of Income Tax Punjab, AIR 1956 (SC) 367; Banwarilal Bhoid Vs. Neelkantham AIR 1965‑Oriss..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....r Constitution. 30. As for the writ of habeas corpus in its home country in England, as late as 1980 when late Professor SA de Smith's book on 'Judicial Review of Administrative Action' was published, it was observed at page 600 of that book: "Insuperable difficulties wou......eneral, (Sharifuddin Chaklader, Assistant Attorney‑General, with him) instructed by AW Mallik, Advocate‑on‑Record. Civil Appeal No. 25 of 1991 (From the judgment and order dated 6th March, 1991 passed by the High Court Division, Dhaka in Writ Petition No. 136 of 1......t: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others……......warded to the jail authorities and other functionaries, showing that the detention order had already been rescinded and the detenu would be deemed to serving his sentence as a convict. It was mentioned in Annexure 1 that the District Magistrate, Jessore had already taken steps for executing the ..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......m the pond as the heirs of the CS recorded tenant while the Government claim it as khas land. However, the petition for condonation of delay in filing the appeal was rejected by the District Judge by order dated 21.8.88 from which a revision, CR No. 977 of 1988, was taken by the defendants with succ......in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......resent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Ali & others…………………………………………..Plaintiff‑Petitioners. Vs. Circle Officer, (Revenue) Dhaka and others ..........…Defendants‑Respondents ..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. ......Advocate‑on‑Record ‑ For the Petitioners. Not represented ‑ For Respondents. Civil Petition for Leave to Appeal No. 103 of 1991 (From the Judgment and order dated 26.7.90 passed by the High Court Division, Dhaka in First Miscellaneous Appeal No. 34 o......nessa Vs. Safed Ali Bepary and others 36 DLR 253; Rahela Khatun Vs. Seraj Sarker 35 DLR 345 relied. Robert Watson Vs. Ambika Dassi 4 CWN 237. Lawyers Involved: SR Pal, Senior Advocate instructed by Md. Ozair Farooq, Advocate‑on‑Record ‑ For the Petitioners. N...... Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J MA Wahab and another.................Petitioner. Vs. Abul Kalam and another...............Respondent Judgment June ..Category: Procedural Law | Date: | Hits: 99
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......ts. B Hossain, Deputy Attorney General, instructed by Md Wahidullah, Advocate‑on‑Record -For the Respondent. Criminal Appeal No. 13 of 1989 (From the Judgment and order dated 26th January, 1987 passed by the High Court Division, Jessore Sessions, Jessore in Deat......d the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ...... along with co‑accused Md. Ezahar Ali under sections 302/34 of the Penal Code and sentenced them to death under sections 302/34 and 120B of the Penal Code. On appeal by the five condemned prisoners, the learned Judges of the High Court Division affirmed the order of conviction but altered ..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......Appellants. SC Das, Advocate instructed by Sharifuddin Chaklader, Advocate‑on ‑Record ‑For Respondent No. 1. Civil Appeal No. 31 of 1986 (From the Judgment and order dated 14.1.85 passed by the High Court Division, Chittagong Bench in the Civil Revision No. ......der as to costs. Ed. ......ed Subordinate Judge with the further condition that respondent No. 1 shall pay an increased sum of Tk. 1,000.00 including Tk. 400.00 as compensatory costs to the plaintiff‑appellants within one month. Leave was granted to consider whether in view of the conduct of the defendants, which is..Category: Property Law | Date: | Hits: 50
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. ......209; on ‑Record‑ For the Appellants, Md. Nowab Ali, Advocate‑on‑Record ‑For the Respondent. Criminal Appeal No. 7 of 1991. (From the judgment and order dated 31st October, 1990 passed by the High Court Division, Dhaka in Criminal Miscellaneous C......er and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......ring for the appellants, submits that in the present case although the police recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure but in the said statements none of the witnesses stated anything implicating any of the appellants with the murder of Nurul Isl..Category: Criminal Law | Date: | Hits: 60
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. ...... Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondents. Khondkar Mahbubuddin Ahmed, Senior Advocate ‑ Amicus Curiae. Civil Appeal No. 33 of 1988 (From the judgment and order dated 10.5.1988 passed by the High Court Division, Chittagong Bench, Chittagong in Civil Revis......therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......ution proceeding against the appellants in this case is maintainable. The appeal is dismissed. 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 part..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......treating the properties belonging to three families of the heirs of three sons of the Wakif. 2. The Province of East Pakistan (now Bangladesh) contested the suit asserting that the impugned order of the Revenue Officer under section 20 of the Act is well founded in law and binding upon th...... The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......edule 'Kha' properties which were found to be in excess under the provisions of the East Bengal State Acquisition and Tenancy Act 1950, The Revenue Officer treated £he all Wakf properties as one unit belonging to one family instead of treating the properties belonging to three families of ..Category: Others | Date: | Hits: 142
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. ......ate instructed by Md. M. R. Khan, Advocate-on-Record—For Respondent No. 2. Ex-parte—Respondent No. 1. Civil Appeal NO. 8 of 1975. (On appeal from the judgment and order dated 28th March, 1974 passed by the High Court Division in Petition No. 252 of 1973). ......etition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ...... of 1973). Judgment: Mahmud Husain, C. J.—This appeal by special leave is against a judgment of a Bench of the High Court Division passed in writ jurisdiction wherein the petitioner challenged the order dated 24.2.72 passed by Chairman, Labour Court, Chittagong directing re-i..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. ......ents. K. A. Bakir, Attorney-General instructed by B. C. Panday, Advocate-on-Record—U/O XLV, Rule 1, 5. C (A.D) Rules. Civil Appeal No. 9 of 1974. (From the judgment and order dated 16-7-49 passed by the erstwhile High Court of East Pakistan in Criminal Revision No. 51......he impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ...... by a Single Judge of the erstwhile High Court of East Pakistan in a Judgment in Criminal Revision No. 516 of 1967 against an Advocate Mr. Amirul Islam, Barrister-at-Law who appeared for the petitioner in the above mentioned Criminal Revision. The impugned remarks are as under:— “..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. ......nant having failed to obtain any sanction from the Government for starting prosecution, the Sub-Divisional Magistrate dismissed the case under section 203, Cr. P. C on 28. 4. 1969. Against the said order of the Magistrate the Sessions Judge was moved under Section-435 read with Section 436, Cr.P......ted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ...... Ahsanuddin Choudhury, J.—This appeal is by special leave granted to examine the following points:— (1) Whether an accused public servant falling in the category mentioned in section 197, Cr. P. C. is entitled to protection under the section before any evidence w..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. ......he appellant. A.T.M. Afzal, Deputy Attorney-General, instructed by B.C. Panday, Advocate-on-Record— For the Respondent. Criminal appeal No. 3 of 1975. (From the judgment and order dated 24-7-1972 passed by the erstwhile High Court of Bangladesh in Criminal Appeal No. 581 o...... In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......mel Hossain along with 17 others was placed on trial before the Additional Sessions Judge, 1st Court, Sylhet in connection with an occurrence involving two deaths by gun shot injuries. Two charges, one under section 148 and another under section 302/149 of the Penal Code were framed against all t..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: ...... (In all the appeals). Not represented.—For the respondent No. 1 (In Criminal Appeals Nos. 6-D & 8-D of 1971). Criminal Appeal Nos. 6-D, 7-D, and 8-D of 1971. (From the judgment and order dated 15-4-68 passed by the erstwhile High Court of East Pakistan in Criminal Miscellaneous Ca......t 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: ......nt No. 1 Mr. Mainuddin Ahmed, a member of the Naranyanganj Municipal committee filed a suit against (1)The Chairman, Narayanganj Municipality, (2) The Narayanganj Municipal Committee, (3) The Commissioner, Dacca Division and Controlling Authority of Municipal Committees and (4) Government of East Pa..Category: Civil Law | Date: | Hits: 142
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ...... Appellant. M.A. Rouf, Senior Advocate, instructed by A.W. Mallick, Advocate-on-Record—For the Respondent. Criminal Appeal No. 23 of 1974. (From judgment and order dated the 9th February, 1970 passed by the High Court, in Criminal Revision No. 149 of 1969.)...... below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......969.) Judgment: Kemaluddin Hossain, J.—The appellant along with another, not before us, was placed on trial before a Magistrate, 1st Class, Tangail to answer two charges, one under section 457 and the other under section 380 of the Penal Code. 2. The prosecution..Category: Criminal Law | Date: | Hits: 74
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. ......p; Advocate-on-Record—Respondents Nos. 3(2)-3(7) Ex parte—Respondents No. 3(1). Civil Appeal No. 29-D of 1969. (From the Judgment and order dated 26th and 30th January, 1969 passed by the Dacca High Court in Petition No. 245 of 1966)...... for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......ddin Choudhury, J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya, J. Swami Joytirghananda………..….Appellant. Vs. Deputy Commissioner, Khulna and others…………..Respondents. Judgment, Dec 9..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. ...... Judgment: D. C. Bhattacharya, J.—This appeal by special leave is at the instance of" Dacca Improvement Trust (hereinafter referred to as (DIT) against a judgment and order of a Single Judge of the Dacca High Court reversing a concurrent order of rejection of the p......ult, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......vement Act has been sought to be challenged in the suit. The case made out in the plaint in substance is that the plaintiffs being served with a notice purporting to acquire the land mentioned in the schedule of the plaint approached the Chairman D. I. T. who assured him that the premi..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....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.......come-Tax Reference Case No. 14 of 1966) Judgment Debesh Chandra Bhattacharya, J.—This appeal by special leave is against a judgment of a Division bench of the Dacca High Court on a reference order section 66(1) of the Income-Tax Act holding that the Income-Tax Appellate Tribunal was not jus......e set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141....... (AD) 141...Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ...... to the operations in Pakistan was computed on the basis of what was called the Two-man Committee's decision. The Income-tax Appellate Tribunal after rejecting the appeal preferred against the orders of the Appellate Assistant Commissioner referred the following questions for the opinion of......section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. .......C. Bhattacharya, J. Fazle Munim, J. Jardine Henderson Ltd. Calcutta, India………………...Appellants in both the appeals. Vs. Commissioner of Income-Tax, Chittagong…………....Respondents in both the appe..Category: Fiscal/Taxation Law | Date: | Hits: 114
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....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. ......d by Abu Bakkar, Advocate-on-record—For the Petitioners. Not represented—For the Respondents. Criminal Review Petition No. 2 of 1976. (Arising out of judgment and order dated 17. 6. 75 passed in Criminal Appeal No. 24 of 1974). Judgment: Ahsanuddin......e case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......ellate Division (Criminal) Present: Ahsanuddin Choudhury, J. D. C. Bhattacharya, J. Fazle Munim, J. Abul Hossain & ors………...Petitioners. Vs. The State and anr………...Respondents. Judgment ..Category: Criminal Law | Date: | Hits: 66
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