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Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....nstitution. 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. ...... 3 of the Special Powers Act, 1974 because of his alleged prejudicial activities. Prior to the order passed by the vacation Bench on the 12th September, 1974 enlarging the detenu on bail for a period of two months and fifteen days on the ground of his illness, another Bench had issued ...... 10. This position continued till the Proclamation of Independence of Bangladesh made on the 10th day of April, 1971 came into effect from the 26th day of March, 1971. By the Laws Continuance Enforcement Order of the 10th day of April, 1971, which also came into effect from, the 26th day of..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. ...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......ance of the breach of peace". A reference was made under section 438 of the Code of Criminal Procedure to the High Court by the Additional Sessions Judge of Faridpur recommending for the setting aside of the order of the learned Magistrate dated 6.4.61. This reference, which wa...... 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
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....ed in: 27 DLR (AD) 16. ......y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......O. 50''). For a proper appreciation 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 ......y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....as well as the action of the Returning Officer. 6. We also heard the learned Attorney-General on the question raised by Mr. Pal. He argued that President's Order No. 22 of 1973 which is called the Bangladesh Local Government (Union Parishad and Paurashava) Order, 1973 (hereinafter referred to as ......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed withÂout any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......h of the High Court Division dismissing an application under article 102 of the Constitution. 2. Respondent No.14, Mr. Md. Abdullah and one Dr. Shafiqur Rahman, were the only contesting candidates for Chairmanship of North Halishahar Union Parishad. But before the poll, Dr. Shafiqur Rahman dies o......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed withÂout any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
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. ...... 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. ......in Second Appeal No. 486 of 1964 reversing the concurrent finding of the Courts below and decreeing the suit in favour 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 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)
.... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh Bank .................................Appellant Vs. Debendra Nath Dutta &......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. ...... Matter No. 4 of 1969 on March 22, 1973. 2. The appellant filed an application under section 66/1) of the Banking Companies Ordinance, 1962 (hereinafter referred to as the 'Ordinance') for the public examination of the respondent who was the former Secretary of Patuakhali Bank L......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
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. ......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. ......in Ahmed J.- This appeal by special leave is from judgment and decree of the High Court Division dated April 5, 1976 in Second Appeal No. 783 of 1962 dismissing the plaintiff appellant’s suit for title, possession and injunction, on reversing the judgment and decree of the lower appellate ......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
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
.... directed against the judgment passed in Criminal Revision No. 579 of 1970 by the High Court Division acquitting the accused respondent Ameenur Rashid Chowdhury on charges under section 501 of the Bangladesh Penal Code. The said respondent was convicted by a Magistrate, First Class Sylhet and se......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. ......dhury on charges under section 501 of the Bangladesh Penal Code. The said respondent was convicted by a Magistrate, First Class Sylhet and sentenced to six months simple imprisonment. His appeal before the Sessions Judge was also dismissed. Thereafter, he moved the High Court Division and the ru......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)
..... 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. ....... 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. ......ile Sakina Bai possessed the 'B' schedule land and structures. Thus, while the appellants were possessing the said land in Ejmali with Sakina Bai the latter sold the B' schedule land and structures for the sum of Tk. 25, 000/- to one Keramat Ali, predecessor in-interest of the respondents Nos. 1-....... 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
Bangladesh Freedom Fighters Welfare TrÂust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....ny orders as to costs. Ed. ......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. ......ppellant, as Sales Officer. The respondent having not joined his assignment on transfer, his service was terminated. 3. This order of termination was challenged by the respondent before the High Court Division in an application under Article 102 of the Constitution. The learned J......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. ..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....anies Act, 1913 is required to hold the Annual General Meeting of the Members, or is a special type of 'one-member Company' established under section 8(2) of the Petroleum Act of 1974 and that Bangladesh Petroleum Corporation virtually being the only member it cannot hold any meeting wi......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......llant who is an employee and a nominee-shareholder of the Bangladesh Petroleum Corporation. 2. The appellant filed an application under sections 79(3) and 76 of the Companies Act, 1913 for condonation of delay in holding the Annual General Meeting of Jamuna Oil Company Limited for t......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 107
....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.
......te
Division
(Civil)
Present:
F.K.M.A.
Munim J
Ruhul
Islam J
Badrul
Haider Chowdhury J
Shahabuddin Ahmed J
Baitul Aman Co-operative Housing
Society Ltd. and another.....................Appellant
Vs.
Muhammad Shamsur Rahman and......h Court Division in revision affirming the decision of the
Subordinate Judge, Dacca, dismissing the application filed by the appellants
under Order VII, rule 11 of the
Code of Civil Procedure for rejection of the plaint on the ground that the suit
is hit by section 133 of the Co-operative S......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.
..
Category: Property Law | Date: | Hits: 60
Hasan Imam Chowdhury Vs. Govt. of BanglaÂdesh and others, 1981, 10 CLC (AD)
....nded that having made the rule absolute the High Court Division was functious officio and the direction was unwarranted and uncalled for. 4. The Water Development Board of the Government of Bangladesh has not challenged tube impugned direction, but it is the appellant at whose instance wr......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. ...... Leave was granted to consider whether the direction set out above is beyond the writ jurisdiction of the High Court Division. 3. Mr. Ahmad Sobhan, the learned Counsel appearing for the appellant canvassed that the High Court Division made the rule absolute by holding that th......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 BroÂthers, 1981, 10 CLC (AD)
....ereafter, by special leave the appeal was filed and this Court by its judgment allowed the appeal holding that the arrear tax assessed against the firm not being a Government debt before emergence of Bangladesh is not recoverable by any process of law. This Division observed: "The learned Judges......rom want of legal authority. In the result, therefore, this review appliÂcation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......onstitution calling in quesÂtion the demand of arrear tax by respondent No.1. on 31.1.1974 in respect of the declaÂration of excess income on the grounds that an Administrative Review Application before the Central Board of Revenue was filed bat the result of the said application was not communica......rom want of legal authority. In the result, therefore, this review appliÂcation 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
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......State Acquisition and Tenancy Act on setting aside order of Subordinate Judge and restoring that of the Munsif in Miscellaneous case No. 214 of 1970. 2. Respondent No.1 filed the Misc. case for pre-emotion of a land sold under a kabala dated 18-6-70 alleging that he was a co-sharer of the......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
.... Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represenÂted by the Secretary, Ministry of Health and Population Control and others…â......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. ...... of 1974) ultra vires the Constitution, as finding that the order under challenge is vitiated by malice in law is sufficient to dispose of the appeal. As regards the constitutionality of the section aforesaid. I like to adhere to the wall-established self-set rule which says, the Court will not decl......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. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
.... Appeal No. 167 of 1979 arises from the judgment and order of a Bench of the High Court Division passed in Writ Petition No. 471 of 1979 on July 9, 1979. 2. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the ......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: ......ission and Distribution Company Ltd. (hereinafter called the Enterprise). His order of appointment as the AdÂministrative Manager of the Enterprise which is contained in the letter from the Minister for Labour is as follows: "In recognition to his all dedicated and efficient participation in......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: ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....nbsp; ...... any lawful authority. Ed. ......red under section 3 of the Ordinance on due approval of the Memorandum of Articles of Association of appellant. The Association, which were amended several times at the instance of the Government before the licence was granted. The chief business of the Association is weighment and measurement on...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....p; Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Goutam Ranjan Sen and other............... Appellant Vs. Bangladesh and others………………………&hellip......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......emaluddin Hossain CJ.- The question Involved in this appeal is whether the learned Judges of the High Court Division were correct in dismissing the suit brought by the predecessor of the appellant for the grant of Letters of Administration on the ground that the properly in question being a......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....riminal) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Khandaker Ehtehshamuddin Ahmed @ Iqbal………………….Appellant Vs. Bangladesh and others………………………………………….Respondents Judgment M......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......o death by the Judgment and order dated August 5, 1978 which has been duly confirmed. Against the order of conviction and sentence the appellant moved the High Court Division in its writ Jurisdiction for an order declaring the proceedings taken in passing the judgment and order dated 3.8.78 in M.L. ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
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