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Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....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. ......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
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......sional Magistrate, Madaripur who passed the impugned order on 16.11.67 directing that the land, if already released from attachment, be attached again under section 146 Cr.P.C. and that the Circle Officer (Rev.) Damudya be appointed receiver thereof. The appellants who were not parties to the af..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....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. ...... passed against the petitioner were without jurisdiction, as the case was investigated by an Assistant Inspector of D.A.B. whereas sub-section (5-A) of section 5 of Act II of 1947 lays down that no Officer below the rank of Deputy Superintendent of Police shall investigate any offence punis..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....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. ...... Chittagong for trial, in connection with the murder of one Farida Begum alias Rani and one Delwar Hossain alia Ludu between 11-30 a.m. and 12-30 p.m. on 3.9.69 in a flat of Central Government Officers' Quarters at Agrabad, Chittagong. Sadhan Kumar Mali and Snrid Chandra Das were charged und..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;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. ......tin, Abdul Jalil and Abdul Mannan got down there and assaulted him but found that their evidences on this point could not be relied upon as they were contradicted not the point by the Investigating Officer. The learned Judges also held that there was no convincing evidence that any other accused..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....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. ...... the cases of persons accused of non-bailable offences. Sub-section (1) of this section provides that when a person accused of any non-bailable offence is arrested or detained without warrant by an Officer-in-Charge of a Police Station or appears or is brought before a Court, he may be released on..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....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. ...... (Civil) Present: A M. Sayem CJ A. B. Mahmud Hussain J A. Jabir J Ahsanuddin Chowdhury J Mazharul Huq alias Mazharul Huq Chowdhury………...Appellant. Vs. The Returning Officer and Circle Officer, (Dev.) Double Moorings, Chittagong, and others ………….……Respon..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....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. ......ah and that at that time they saw the prisoner murdering their Phufu while she was tying her goats to a peg. Learned Counsel pointed out that these two witnesses were examined by the Investigating Officer who recorded their statements under section 161 of the Cede of Criminal Procedure..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... 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. ......or has nothing to do excepting admitting the execution before the registration officer, after the document is presented for registration. Thereafter the rest is to be completed by the Registration Officer as a matter of course. The above proposition gets support from the decision of the Privy Co..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....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. ......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)
....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. ......ements made in written complaint but statements made orally in open court. 3. It would be useful to take note of the facts of the case. The appellant Dr. Jamshed Bakht was the Chief Medical Officer, Sylhet District Medical Association and a private Medical Practitioner. He was an As..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... 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. ......nancy which are contained in section 117 of the State Acquisition and Tenancy Act are as follows: 117. (1) Notwithstanding anything contained elsewhere in this part, the Revenue- Officer may,— a) for the purpose of amalgamation of tenancies under section 116, e..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......sp; K. M. Subban J.- This appeal by special leave is from the judgment of the High Court Division passed in Writ Petition No. 578 of 1977. 2. The respondent was a Security Officer in the Tabani Beverage Co. Ltd which under Article 5 of President's Order No, 16 of 1972, h..Category: Employment/Service Law | Date: | Hits: 112
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ...... shall have to be referred to the Registrar of Co-operative Societies. Section 86 provides that if the parties to the dispute are the Society, its Managing Committee, any past or present Officer, agent or servant or the liquidator of the society; or a member, its past member or pe..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......dismissing the pre-emption case under Section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The question involved in these appeals is whether the order of the Circle Officer (Revenue) separating the jama under section 117 of the East Bengal State Acquisition and Te..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......ngly allowed the pre-emption case. 5. Being aggrieved by that order the High Court was moved and in Civil Revision No, 505/70 the High Court discharged the Rule by holding that the Revenue Officer had not acted in accordance with law and the subdivision of the jama was not made u/s. ..Category: Property Law | Date: | Hits: 48
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....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. ......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
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......ess Income and assessment order. Demand Notice, and challan was acknowledged by the assessee, vide Acknowledgement slip. [As no payment was made, by Memo-No. 2107/ICS/520 the Income Tax Officer (Mr. A. Taher) requested the assessee to pay up the tax amounting to Rs. 63,446/ by 10.4..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ....... The impugned provisions gave power to the Government or the State Bank to determine whether a person offending any provisions of the Act was to be tried under the ordinary law or by an Adjudication Officer or by a Tribunal. Munir CJ. who delivered the judgment of the Court observed that: "The ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......s of the appellant was claimed to have undergone a great change. Previously, he was employed in a public limited company incorporated under the Companies Act, 1913. Now he claimed to have become an Officer of a statutory Corporation. 33.The appellant grievance is that on his opposition to the p..Category: Employment/Service Law | Date: | Hits: 104