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Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....hed at Fort William in the Presidency Town of Calcutta by a Royal Charter and each of the Justices of that Court was given power to issue the English Writ of habeas corpus like the Court of King's Bench in England within the local limits of the Court. Two other Supreme Courts were established in......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....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 success. A division Bench of the High Court Division by the impugned judgment dated 9 August, 1989 made the Rule absolut......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. ..Category: Limitation Law | Date: | Hits: 185
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....sp; Latifur Rahman J: This appeal by four accused‑ appellants is directed against the judgment of the High Court Division, Jessore Bench passed in Criminal Appeal No. 1 of 1984 and Jail Appeal No. 2 of 1984 affirming the order of ......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. ..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....lader, 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. 11 of 1984). Judgment Mustafa Kamal J: This appeal ......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. ..Category: Property Law | Date: | Hits: 50
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....p; Latifur Rahman J.- This appeal by six accused‑appellants is directed against the order of refusal of their bail by the Division Bench of the High Court Division, Dhaka in Criminal Miscellaneous Case No. 398 of 1990. 2. T......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. ..Category: Criminal Law | Date: | Hits: 60
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....ts. 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 Revision No. 131 of 1985). Judgment Shahabuddin Ahmed CJ.- In thi......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. ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....Sherazee Vs. Province of East Pakistan (1966) 18 DLR 52 PLD 1967 Dacca, and Khawaja Maynuddin Vs. Province of East Pakistan 21 DLR 886. 17. In the case of Golam Hossain Sherazee, a Division Bench of the Dacca High Court has held that on the acquisition of the rent-receiving interest of a ......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. ..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....er dated 28th March, 1974 passed by the High Court Division in Petition No. 252 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 ......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. ..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)
....nbsp; 6. It is to be observed that the matter before us raises an important and delicate question as to the relations between the Bench and the members of the Bar. Needless to say that the advocates are officers of the court to m......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. ..Category: Others | Date: | Hits: 157
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
.... the erstwhile High Court of Bangladesh in Criminal Appeal No. 581 of 1966). Judgment: Ahsanuddin Chowdhury, J.—This appeal by special leave is against a judgment of a Division Bench of the High Court of Bangladesh. 2. The appellant Tozammel Hossain along with 17 oth......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. ..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....ast Pakistan in Criminal Miscellaneous Cases No. 204/67 and 50/68) Judgment Ahsanuddin Choudhury, J.— These three appeals by special leave are from the same judgment and order of a Division Bench of the High Court, Dacca and are disposed of by this judgment. 2. The appeals arise in the......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: ..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....d 26th and 30th January, 1969 passed by the Dacca High Court in Petition No. 245 of 1966). Judgment: D.C. Bhattacharya, J.—This appeal by special leave is against an order of a Bench of the Dacca High Court discharging a rule, arising out of a Writ Petition under Article 98 o......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. ..Category: Procedural Law | Date: | Hits: 89
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....act which is dependent upon the facts and circumstances of a particular case. 22. The case of the Pioneer Sports Limited, Sialkot, on which reliance was placed by the High Court, a Division Bench of the Lahore High Court held that the mere fact that the assessee might choose to charge a ......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...Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....n Reference Cases No. 7 of 1965 and 21 of 1968, under section 66(1) of the Income-tax Act, 1922.) Judgment: D. C. Bhattacharya, J.—These two appeals are against a judgment of a Bench of the Dacca High Court deciding a question as to the taxability of certain income of th......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....Magistrate. Thereafter the accused-petitioners move the High Court in its revisional jurisdiction and obtained a Rule being Criminal Revision 150 of 1971 which was heard and disposed of by a Single Bench of the High Court, Dacca. The order of conviction and sentence against the accused-petit......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)
....from the judgment and order of the High Court Division dated 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 ......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. ..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....ted 1-12-75 passed by the High Court Division in Writ Petition No. 453 of 1969). Judgment: D.C. Bhattacharya, J.—This appeal by special leave is against an order of a Bench of the High Court of East Pakistan dismissing a Writ petition summarily. 2. The appel......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....ed 26-2-1968, passed by the Dacca High Court in F.M.A. No. 59 of 1967). Judgment: Ahsanuddin Chowdhury J.—This appeal by special leave is from a judgment passed by a Division Bench of the Dacca High Court affirming an order of the Subordinate Judge, 3rd Court, Dacca i......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. ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
.... and Decree dated 6-6-1967 passed by the Dacca High Court in S.A. No. 1014 of 1965) Judgment: Debesh Chandra Bhattacharya J.—This appeal by special leave is against a judgment of a Division Bench of the Dacca High Court in a Second Appeal, setting aside an appellate judgment of reversal an......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
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....cca High Court, in Appeal from Appellate Decree No. 483 of 1961). Judgment: Kemaluddin Hossain, J.—This is an appeal on special leave from the judgment and decree of a Division Bench of the High Court of East Pakistan, Dacca, in a second appeal. The appeal arises out ...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 239