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Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ...... Magistrate and whether such declaration has been filed or not is within his special knowledge and it is he alone who can impose penalty for the failure to make the declaration. How could a private person file a complaint for violation of the provisions of section 4 as he would not know whether an..Category: Criminal Law | Date: | Hits: 59
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......d up the respondent company. (e) To appoint a liquidator to take over the assets of the respondent Company". The terms of section 38 are as follows: "38. (1) If— (a) the name of any person is fraudulently or without sufficient cause entered in or omitted from the register of me..Category: Company Law | Date: | Hits: 195
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ...... and apprehending danger and mischief, the complaint’s nephew, deceased Md. Harun went to Fatickchari Thana at about 9 A.M. to make a G.D. entry in respect of unlawful activities of the accused persons. On his way back home when Harun reached the south-eastern side of the office of the Circle ..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......declared on 7th of June 1984, he is not authorized to exercise his right of appeal granted under section 4 of the Amending Ordinance (per Fazle Munim CJ)………….(10) In an ejection matter the person against whom specific allegation of mal-practices has been brought must be prompt in denying ..Category: Election Law | Date: | Hits: 152
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......gainst distress warrant on 27-10-63. 10. Distress warrant is one of the most effectual remedies for recovery of rent and taxes. The term 'distress' primarily connotes a summary remedy by which the person is entitled without further legal process to take into his possession the effects belonging t..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....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. ......ious statement made by the witness is not substantive evidence and it cannot be used to prove the existence of a relevant fact. These are, however, exceptions to this rule. The statement of a person who is dead or who cannot be found, or who has become incapable of giving the evidence or wh..Category: Property Law | Date: | Hits: 37
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....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. ......de and illegally handed over the share certificate to the respondent No. 1. The Board of Directors, of respondent No. 2 in a meeting held on 21-10-70, resolved that it would mutate the name of the person, who would be found by the Court to be genuine transferee, 4. Mr. Syed Ishtiaq Ahmed..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......rks, which were guaranteed to them under Article 7 of the President's Order No. 127 of 1972 in the absence of any authority given to the Bank to change such terms and conditions to the detriment of persons who were already employed on 16-12-71 from which dale the aforesaid President's Order came i..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......arters should be derequisitioned and that plot No. 714 which was also not required for the said purpose but was sought to be used by the D.I.T. for providing alternative accommodation to the affected persons should also be derequisitioned and sought approval of the Government in this behalf. As ..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......urt Division — (a) certifies that the case involves a substantial question of law as to the interpretation of this Constitution; or (b) has confirmed a sentence of death or sentenced a person to death or to transportation for life; or (c) has imposed punishment on a person for ..Category: Constitutional Law | Date: | Hits: 148
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. ...... Leave prayed for was granted to consider the question whether in an application filed under Article 102 (2)(b) of the Constitution the High Court Division has jurisdiction to grant bail to A person against whom an order of detention was passed, during, the pendency of his application under..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. ......ble to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach it until a competent Court has determined the rights of the parties thereto, or the person entitled to possession thereof: Provided that the District Magistrate or the Ma..Category: Criminal Law | Date: | Hits: 49
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. ......ng the order of commitment of the appellant to the Court of Sessions to stand trial on a charge under section 302/109 of the Penal Code. 2. The appellant Lutfun Nahar Begum along with three persons, namely, Sadhan Kumar Mali, Surid Chandra Das alias Suresh Chandra Das and Nagar Bashi Mali..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. ......single judgment of erstwhile High Court of East Pakistan in an appeal and a reference under section 374 of the Code of Criminal Procedure. Criminal Appeal No. 2 of 1973 was filed by an uncle of the person for whose murder the respondents were charged at the trial under sections 148, 302/34 ..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. ......ciation of question involved in these appeals, it is necessary to refer, at the outset, to the provisions of Article 10 of P.O. 50 and Article 14 of P.O. 8 which, exfacie, forbid the grant of bail to persons convicted of offences under the two Orders. The provision of Article 10 of P.O. 50 is as ..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. ......did not indicate any intent to deviate from the principle of poll. On this point he laid stress upon the last word appearing in Rule 20A, namely, "candidates", which, it was said, obviously refers to persons in the plural and not a candidate in the singular. It was thus contended the Respondent No. ..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. ......ehuddin and Joinuddin besides others in the house of occurrence on his arrival there. The defence Advocate did not cross-examine the Investigating Officer to ascertain if he had examined those two persons and Niamat Sardar, a close neighbor of Yasin. Naturally It was argued before us that the de..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. ......ame to the appellant by a registered kabala dated October 12, 1957. On October 13, 1957 the plaintiff came to learn about the sale and he immediately made Talab-i-mowasibat in presence of some persons and he duly performed Talab-i-issad. Thereafter without taking steps for institution o..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. ......negligence and misconduct of the respondent in dealing with the affairs of the Bank, it sustained loss for which he was solely responsible. It was, therefore held that the respondent was not a fit person to be a director of a company. Under section 66(9) of the Ordinance, 1962, it was ordered th..Category: Business or Commercial Law | Date: | Hits: 101
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......ne. The principle of law enunciated in all these cases is practically the same and as such the decision in the last mentioned case only is quoted below :( Relevant portion) "When a person having a korfa right transfers his holding to a third person without consent of the landlor..Category: Property Law | Date: | Hits: 45
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