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Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
...., as is required under the provision of section 145 of the Evidence Act, the said document had not been legally proved and, in support of the said view, relied upon the judgment of a Full Bench of the Lahore High Court in case of Firm Malik Das Raj Faquir Chand Vs. Firm Piara Lal Ayaram......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....nbsp; Judgment April 4, 1975. Cases Referred to- The Queen Vs. The Justice of the County of London and the London County Council, in (1893) 2 Queen's Bench Division 476 (492); Gancshmulla Surana Vs. Nagraj Surana, 56 C.W.N. 812; The Commissioner of ......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
.... Judgment: Mahmud Husain J.— This appeal by special leave is against a judgment of a Division Bench of the High Court Division affirming that of the learned single judge of that division who di......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ..Category: Business or Commercial Law | Date: | Hits: 113
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....bindra Chandra Dey (P.L.D. 1952 Dacca 112). This latter case relied upon Sakalaguna's case (55 I.A. 243), wrongly cited therein as 44 I. A. 243. Sakalaguna's case was also relied upon by a Division Bench of the High Court of East Pakistan in Ratish Chandra Vs. Kara Krishna Goldar (15 D.L.R......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ..Category: Property Law | Date: | Hits: 47
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....ted 7-6-1973 passed by the High Court Division in petition No. 406 of 1970). Judgment Muhammad Abdullah Jabir, J.— This appeal, by special leave, arises out of judgment and order passed by a Bench of the High Court Division of this Court in an application filed under Article 98 of the Const......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....; Muhammad Abdullah Jabir J.—This appeal by special leave is by the Government. It arises out of an order of a Vacation Bench of the High Court Division directing the enlargement on bail of one A.K.M. Golam Kabir (here......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....r period of six months. He was further found guilty under section 5(2) of Act 11 of 1947 but no separate sentence was passed under that section. He preferred an appeal which was heard by a Division Bench of the erstwhile High Court of East Pakistan which upheld the convictions but reduced the su......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....statement of the deceased which can not be admitted in evidence under section 32(1), can be used to prove the motive for a crime. In this connection we may refer to the decision of a Division Bench of the Calcutta High Court in the case of Nimoo Pal Mazumder Vs. The State, reported in A.I.R......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....ce under section 374 of the Code of Criminal Procedure for confirmation of the sentence of death and the accused persons also filed an appeal. The reference and the appeal were heard together by a Bench of the High Court which confirmed the conviction under section 148 of the Penal Code of Un pe......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....on of his appeal by the High Court, in exercise of powers conferred under Section 426 of the Code was considered in the case of Haji Md. Akil Vs. The State reported in 25 DLR page 126 by a Division Bench of the High Court of Bangladesh, to which one of us was a party in another capacity, and it ......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....e Judgment and Order of the High Court Division, dated 19-12-73 passed in petition No. 493 of 1973). Judgment: Ahsanuddin Chowdhury, J.—This appeal by special leave, is against an order of a Bench of the High Court Division dismissing an application under article 102 of the Constitution. ......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....p; Ahsanuddin Choudhury, J.—This appeal by special leave is by Abdur Rashid against his conviction and sentence of death confirmed by a Division Bench of the erstwhile High Court in Death Reference Case No.6 of 1970. 2. The prosecution,......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....be taken to arise at the present day should be determined by the statutory law of sale which has superseded the Mohammedan Law. Kheyali Prosad vs. Mullick Nazrul Islam, 20 CWN 1048 a Division Bench of the Patna High Court expressed similar opinion. As a sale is not complete till legal owner...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....) Judgment: Fazle Munim J. - This appeal arises from the judgment and order of a Bench of the High Court Division passed in Appeal No. 1 of 1974 on August 5, 1976 reversing those ......view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 101
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
.... notions of English Common Law -cannot be imported as because the Penal Code is codified law. In the case of Tiravengada Mudali vs. Tripurasundari AmmaL, A.I.R. 1926 Madras 906, a Full Bench of the Madras High Court after reviewing the authorities came to the conclusion: ......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
.... No. 15 of 1975). Judgment: Fazle Munim J.- This appeal arises from the judgment of a Bench of the High Court Division passed in First Miscellaneous Appeal No. 15 of 1975 on April 15, 1....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....Company has a right to file the application under section 79(3) of the Act. In the result, therefore, this Appeal is allowed. The judgments of the learned Company Judge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in ......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 107
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....rt Division in Writ Petition No. 196 of 1976. 2. Writ Petition No. 196 of 1976 was filed by the appellant challenging the order of termination of service and the rule was heard by a Division Bench of the High Court Division and the rule was made absolute, with a direction which is as ......ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 101
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....h no formal decree can be drawn up in a partition suit until paper bearing a proper stamp under Art. 45 of the Stamp Act is supplied to the Court". This view also found favour with the Karachi Bench of the West Pakistan High Court in East and West Steamship Company vs. Queensland Insurance ......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..Category: Procedural Law | Date: | Hits: 106
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