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Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....be utilised for a public purpose which comes within the purview of the Town Improvement Act. 4. In order to appreciate the validity of the contentions raised in this appeal, it is necessary to state at the outset that the plots in question were requisitioned by the Additional Commissioner, Da......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. ..Category: Property Law | Date: | Hits: 48
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
.... loan of Taka 23,000/-was paid by allotting to him 230 shares of Taka 100/- each and subsequently in a meeting held on 26-1-70 the respondent was appointed as the Managing Director of the firm. It is stated further that on 31-1-70 the respondent as Managing Director of the firm applied to the Deputy......emy properties, shall vest in the Additional Custodian of Enemy Properly in Last Pakistan which, in pursuance of the said notification, took over the management of the firm. This being the state of affairs, the properties and assets of the firm were deemed to have vested in the Government of Ban..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....subject by affording an effective means of immediate release from unlawful or unjustifiable detention, whether in prison or in private custody." As regards jurisdiction, it is stated in Article 45 at page 27 of the same volume that "The right to the writ is......Court Division, on the application of any person aggrieved, may give such directions or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundame..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
....m the due course of law and he may also restore the party, which has been forcibly and wrongfully dispossessed, to the possession of the property. 7. It will appear from what have been stated above that the jurisdiction to attach the subject of dispute under sub-section (1) of sectio...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ..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. ......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)
.... doubt." 4. The contention raised on behalf of the appellant before the High Court that the appellant was committed to the Court of Sessions merely on the basis of the confessional statements of the two co-accused and not upon any legal evidence, was repelled by the learned Judge......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)
.... the time of trial was different from that given in the First Information Report P.W. 1. Abdul Matin Munshi who lodged that information is not himself an eye-witness of the occurrence. In F.I.R. he stated that on hearing uproar from a little off Balakhal Railway Station to the south, he ran ......;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)
....to the case of persons already convicted or facing trial." The scope and extent of the restriction imposed under Article 14 were also considered in para. 19 of the judgment in that case and it was stated as follows: "We have accordingly no manner of doubt that Article 14 of the Collaborators O......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
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....r. Rashed took us through the evidence. The conviction of the prisoner, it appears, rested on the evidence of two witnesses, namely P. W. 2 Siraj and P. W. 4 his sister Fazila Khatun. Both of them stated that they came to the house of their Fhufu, Maleka, in the evening of 4th Pous, 1374 B.S. pr......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)
....r of the heirs of deceased plaintiff Abdul Latif Bhuiyan who instituted the suit for pre-emption under the Mohammedan Law. 2. Facts in short necessary for disposal of the appeal may be stated thus: On September 28, 1962 the plaintiff instituted Title Suit No. 124 of 1962 in the ...... 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)
....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. ......the emergence of Bangladesh, a Single Judge of the High Court Division who heard the application found that due to the willful 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 ..Category: Business or Commercial Law | Date: | Hits: 101
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....e defendants claiming Kol-karsha right threatened to dispossess them from the land in 1954, and hence they filed the suit 3. Defendant Nos. 1 to 6 contested the suit by filing a joint written statement denying the plaintiffs' title and possession and contending that the Kol-karsha was......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. ..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....oid and further that they are entitled to the remaining one third share of their mother as reversioner after her death. 3. Defendant No. 2 contested the suit by filing a written statement in which he questioned the maintainability of the suit taking the ground that the suit wa......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....s interpretation of the words "the proceeding of a court of justice" appearing in the 4th exception to section 499 of the Penal Code. Counsel contended that this exception does not cover statements made in written complaint but statements made orally in open court. 3. It would b......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)
....could be claimed under the Non-Agricultural Tenancy Act and in respect of agricultural land right of pre-emption could be claimed under the State Acquisition and Tenancy Act, This position is stated by the Supreme Court of Pakistan in deciding the question whether in respect of non-agricult....... 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)
....airman, Petro Bangla and Mr. S A. Azim, Director, Petro Bangla to the Memorandum and Articles of Association of the Company. Article 4 of the Articles of Association of the Company states that the Company is to be a private company and the number of members of the company fo......n such companies and jointly with any person whether or not a Bangladeshi National to hold shares therein. One of the functions of the Corporation is "to supervise, co-ordinate and control the affairs of the enterprises". “Enterprise" as defined in section 2(e) means "an..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....to proforma-defendant No. 3 was sold to the plaintiffs without prior permission from the Society, it is also not disputed that the plaintiffs are not members of the Society. The plaint clearly states the relief prayed for in the suit. The plaintiffs pray for a decree: (a) declaring pl...... plaint by filing an application under Order VII, rule 11 of the Code of Civil Procedure, contending that section 86 of the Act provides that all the disputes relating to the business and affairs of the Society shall be referred to the Registrar and cannot be made the subject matter of..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....d the view of the Additional District Judge with the following observations: "The pre-emptor denied to have filed the said petition. In his evidence he has evidently made a clear statement disclaiming the petition Ext. C. In the circumstances, the learned Additional District J......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. ..Category: Property Law | Date: | Hits: 49
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....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. ......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
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
.... No. M.L.R. No. 1 of 1969, no administrative review lay In the case of agreed assessment vide Paragraph 15. Paragraph 15 reads as follows: (a) "The returns/reviled returns or a consolidated statement of Income would be examined in the light of the wealth statements. It after taking into co......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: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
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