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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....... Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Mamudul Haque Chowdhury………………………………………………..Appellant Vs. The District Judge, Chittagong & others …………………………….Respondents ......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.......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...Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....t Division considered the provision of Order 41, rule 27 C.P.C. correctly. 3. The respondent filed Miscellaneous Case No. 17 of 1978, in the Court of Sub-ordinate Judge, Bogra, under section 96 of State Acquisition and Tenancy Act for pre-empting lands purchased by the appellants vide registered ......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ..Category: Property Law | Date: | Hits: 52
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. ......on (Civil) Present: A.M. Sayem CJ M. A. Jabir J Ahsanuddin Chowdhury J Birendra Chandra Saha……………....Appellant. Vs. Sashi Mohan Saha and others…………….....Respondents ...... dated 29-6-66 passed by the Dacca High Court in F. A. No. 91 of 1961). Judgment: Muhammad Abdullah Jabir, J.—This appeal by special leave arises out of a judgment of the erst......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
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
.... is bound to give an enactment the meaning which naturally flows from the words used therein. We respectfully agree with the view expressed on this question by Hamoodur Rahman C. J. in Md. Ismail Vs. State, reported in 21 D.L.R. (SC) 161 in the following words:— "The purpose of constructio......rt Appellate Division (Civil) Present: A. M. Sayem CJ A.B. Mahmud Husain J Ahsanuddin Choudhury J Commissioner of Income tax and another... Appellants (In all the Appeals). Vs. Zeenat Textile Mills Ltd. ...Respondents (In all the appeals) Judgment Feb 26, 1974. ......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....of Agricultural Income-tax, West Bengal Vs. Tarek Nath Mukherjee, 53 CW.N. 725; Province of Bombay Vs. Khushaldas S. Advani, 86 Calcutta Law Journal, 330=A.I.R. 1950 S.C. 222; Rajvi Amar Singh Vs. State of Rajsthan, A.I.R. 1958; State of Madras and another Vs. K. M. Rajagopalan, A.I.R, 1955 S.C.......Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Md. Sona Mia alias Sona Mian Sawdagar being dead his heirs, Md. Nurul Islam and others…. Appellants. Vs. The Collector of Customs, Chittagong and others... Respondents (In Civil Appeal Nos. 10......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. ......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)
....mp The said transferor delivered the share Certified at the time of execution of the deed of transfer to the respondent No. 1 by giving a letter of authority m favour of his younger brother to the State Bank of Pakistan. 3. The appellant claimed to have purchased the said 520 shares in re......v respondent No. 1 we find consideration as to whether the burden of proof on the charge of forgery have been duly discharged. 12. It has been held in the case of Abdul Majid and others Vs. Khaiil Ahmed, reported in P.L.D. 1955 F.C. 38 that "the High Court has no jurisdiction to......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. ......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
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....counted from the date of their transfer to the General side as clerk Grade-II. The three respondents Shamsul Huda Khan Mozammel Huq Khan and Mr. Nurul Huq Khan who were appointed in the then State Bank of Pakistan on 23-4-54, 3-8-49 and 22-5-55 respectively as coin/note examiners and who ......Division (Civil) Present: A. M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Governor, Bangladesh Bank & others…......Appellant (In all the Appeals). Vs. Shamsul Huda Khan and another……………..Respondents (In C.A. No. 26 of 1974). And .......Respondents (In C.A. No. 28 of 1974) Judgment May 2, 1975. Cases Referred to- Md. Aboo Abdullah Vs. The Province of East Pakistan, 12 DLR (SC) 211; Government of West Pakistan Vs. Fida Muhammad Khan, 12 D.L.R. (S.C.) page 50; the High Court, Calcutta and another Vs. Amai Kumar Roy, AI......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: ..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. ...... Appellate Division (Civil) Present: AM Sayem CJ ABM Husain J MA Jabir J Ahsanuddin Choudhury J Badal Rani Misra alias Badal Rani Goswami and others………..Appellants. Vs. Bangladesh and others …………….Respondents Judgment May 2, 1975. Lawyers inv......ocate-on-Record-For the Respondent No. 4. Civil Appeal No. 10 of 1973 (From the judgement and Order dated 11-7-1969 passed by the Dacca High Court in petition No. 311 of 1967). Judgment Muhammad Abdullah Jabir J.—This appeal, by special leave, arises out of judgment and order passed ......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)
....ns specified therein. The Schedule mentioned, among others, Rules 161, 169 and 182 which were not subjected to any modifications. Rules 161 defined the terms "enemy" as meaning, among others, any State at war with Pakistan and any individual resident in enemy territory. Rule 169 defined, among o......urt Appellate Division (Civil) Present: AB Mahmud Husain J MA Jabir J Ahsanuddin Choudhury J Bangladesh Enemy Property Management Board and ors………….... .Appellants. Vs. Md. Abdul Majid…………..... Respondent Judgment March 27, 1975. Cases Referred......Advocate-on-Record —For the Respondent. Civil Appeal No. 8 of 1974. (From the Judgment and Order dated 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 passe......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)
..... 7. Cooley, in "A Treatise on the Constitutional Limitations" at page 345 mentions that "As a general rule the protection of personal liberty rests with the States, and to the State Courts the party must apply for relief on habeas corpus when his liberty ...... Present: AM Sayem CJ AB Mahmud Husain J Muhammad Abdullah Jabir J Government of Bangladesh represented by Secretary Ministry of Home Affairs.....Appellant. Vs. Ahmed Nazir………….... Respondent Judgment March......th 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)
.... (Criminal) Present: Syed A.B. Mahmud Husain J M. A. Jabir J Adam Ali Sardar and others…………….... Appellants. Vs. The State and another…………………………. R......ate Division (Criminal) Present: Syed A.B. Mahmud Husain J M. A. Jabir J Adam Ali Sardar and others…………….... Appellants. Vs. The State and another……………………&he...... Dacca, dated the 7th July, 1969, in Criminal Revision No. 295 of 1968 Judgment Muhammad Abdullah Jabir, J.—This appeal by Special Leave arises out of a judgment dated the 7...... 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)
....on (Criminal) Present: Syed A. B. Mahmud Husain J M. A. Jabir J Jamdhar Khan……………….....Appellant. Vs. The State………………………....Respondent J......Appellate Division (Criminal) Present: Syed A. B. Mahmud Husain J M. A. Jabir J Jamdhar Khan……………….....Appellant. Vs. The State………………………....Res...... Court of East Pakistan dated 13th July, 1971 in Criminal Appeal No. 541 of 1967). Judgment Muhammad Abdullah Jabir, J.- The petitioner who was the Chairman of a Union Council from 1960 ......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)
.... Appellate Division (Criminal) Present: A. M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Lutfun Nahar Begum ......Appellant. Vs. The State ……….Respondent Judgment June 7, 1973. Cases Referre...... ......n 27th May, 1970, in the Criminal Revision Case No. 414 of 1970) Judgment Muhammad Abdullah Jabir, J.—This appeal by Special Leave arise out of an order passed by the ......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)
....tin Munshi...............Appellant. Vs. Idris Pandiat and ors .............Respondents. Idris Pandit and others ………....Appellants. Vs. The State……………………………&hellip...... Court Appellate Division (Criminal) A. M. Sayem CJ Syed A. B. Mahmud Husain J Abdullah Jabir J Abdul Matin Munshi...............Appellant. Vs. Idris Pandiat and ors .............Respondents. Idris Pandit and others …......instructed by W. R. Khan, Advocate-on- Record—For the Respondent. Judgment: Muhammad Abdullah Jabir, J.—These two appeals arise by special leave out of a single judgment......;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)
....riminal Appeal No. 17 of 1974). Prof. A. Salam ………………....Respondent (In Criminal Appeal No. 18 of 1974). Judgment April 6, 1974. Cases Referred to- Md. Ismail & ors Vs. State (1969) 21 DLR (SC) 161; Md. Ayub Vs. Md. Yaqub and the State, 19 DLR (SC) 38; Khalid Saigol Vs...... (Criminal) Present: AM Sayem CJ AB Mahmud Hussain J Muhammad Abdullah Jabir J Ahsanuddin J Solicitor, Government of Bangladesh…………...Appellant (In all the appeals) Vs. Syed Sanwar Ali……………... Respondents (In Criminal Appeal No. 1 of 1974). Dr. Abdu......ng relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......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)
....te Division (Criminal) Present: A. M. Sayem CJ A. B. Mahmud Husain J Ahsanuddin Choudhury J Abdur Rashid……Appellant Vs. The State ……… Respondent Judgment February 25, 1974. &nb......Court Appellate Division (Criminal) Present: A. M. Sayem CJ A. B. Mahmud Husain J Ahsanuddin Choudhury J Abdur Rashid……Appellant Vs. The State ……… Respondent Judgment February 25, 197......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. ......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)
.... 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. ......ofa Mia & others……………………………………………………Appellants Vs. Abdul Latif Bhuiyan, being dead, his heirs: Asia Khatun and ors………&...... 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. ...... 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
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
.... possession till they transferred the Kol-karsha to them by three registered sale deeds the latest one being executed on November 11, 1949 and that they were possessing the land till the whole-sale State acquisition of all rent-receiving interests on April 14, 1956 whereupon they being tenan...... Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sunil Kumar Biswas …………………….Appellant Vs. Mohammad Idris and others…………Respondents Judgment ......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. ......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)
....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. ......on (Civil) Present: Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sanjib Kumar Bose and another.....................Appellant Vs. Syed Shamsuddin Ahmed and another…………….Respondents ......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. ......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)
....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. ...... Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Jamshed Bakht……………………….. Appellant Vs. Ameaur Rashid Chowdhury…………………Respondent......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. ......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
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