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Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....according to him; the only way to proceed against any person for the commission of an offence under section 4 of the Act is for the District Magistrate to initiate the prosecution. This argument apart. Mr. Alam submitted that since the original owner of the press bad already made a declaration, ......the Penal Code has to be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code of Criminal Procedure. Under the Act there being no special provisions for investigation or inquiry, provisions of Criminal Procedure Code for the purpose shall be attracted. ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....) Appellant firm has succeeded in establishing that there has been suppression of truth, absence of prior notice before cancellation, non-compliance with the terms of agreement and malafide on the part of the respondent no. 1 and as such the appellant is entitled to the decree sought for it……......celling the agency of M/s. Mohammad Ali & Sons and appointment of M/S. Idris Alam & Co. as agent in place of M/s. Hajee Mohammad Ali & Sons of Burmah Eastern Limited." 4. During that investigation the General Manager of respondent No.1 addressed a letter to Mr. M. A. Kamal. Deputy M..Category: Business or Commercial Law | Date: | Hits: 118
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....enior Advocate instructed by Abu Backkar, Advocate-on-Record—For the Appellants. Amirul Islam, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 1. Ex-parte—For the Respondent Nos. 2 & 3. Civil Appeal Nos. 53 and 54 of 1984. (From the Jud...... 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. ..Category: Company Law | Date: | Hits: 195
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....Senior Advocate (Abdur Rashid, Advocate with him) instructed by Shamsul Hoque Siddique, Advocate-on-Record —For the Appellant. Miah A. Gafur, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 134 of 1982. From the judgment and decree ......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....arifuddin Chaklader, Advocate-on-Record—For the Appellant. Siddique Ahmed Chowdhury, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on- Record—For the Respondent Nos. 1-3. Ex-parte—For the Respondent No. 4. Criminal Appeal No. 46 of 1984. From the Judgment and Order......reupon he fell from his bicycle and the accused persons fled away. The local people removed injured Harun to Fatickchari Charitable Dispensary where he died soon thereafter. 3 After completing investigation police submitted charge-sheet on 27.12.79 against absconding accused Saifuddin Saifa a..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....………….(10) In an ejection matter the person against whom specific allegation of mal-practices has been brought must be prompt in denying the allegation by filing written statement. On his part simple denial of the allegation may be sufficient since the burden of proof of the allegation l......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)
....some inherent defect or lacuna in the evidence for which the court will not be able to pronounce its judgment properly." 9. The learned Single Judge took the view “it is purely discretion on the part of the Appellate Court to grant such an application for additional evidence, and the Court ca......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)
....ntiff acquired 16 annas interest in the suit property. According to the further case of the plaintiff the defendant No. 1 Sashi Mohan Saha and his brother late Lai Mohan Saha who were occupying a part of the buildings as tenants under Modhusudan Saha at a rental of Rs. 125/- per annum, took the......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
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....sain, J.—In all these appeals a preliminary question arises for consideration and Mr. Ishtiaq Ahmed, learned Additional Attorney General for the Government contended that failure on the part of the appellants to serve notice on the Government as per the first proviso to article 6A (3)......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
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....ry into Grade-II will be the basis of seniority for appointment as Class-II Officer and that the fact that promotion from clerks Grade-II to Grade-I did not take place due to luck of vacancy in any particular office would not stand in the way of promotion to Class-II Officer. On 25-9-72 Staff Circ......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)
.... representation of Harilal Goswami, the then Chairman of the D.I.T. passed an order on 16-2-66 directing that the triangular plot in the sketch map, marked 'A' which covered plot Nos. 694 and 734 and parts of plot Nos. 732, 733 and 737, be derequisitioned. Thereafter some of the interested persons f......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
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....se 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 is restrained. The jurisdiction of t......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
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
.... upon a question of fact, namely, whether the Investigating Officer had obtained permission from a Magistrate of the First Class, it is liable to be rejected as the factual position is not known. Apart from this we do not think that this contention has any relevancy in the facts and circumstance......offence under section 5 of Act 11 of 1947 but for an offence under section 409 of the Penal Code. Sub-section (5-A) of section 5 of Act II of 1947 relied upon by Mr. Abdul Hamid has no bearing upon investigation of offence under section 409 of the Penal Code and it was not contended by Mr. Abdul..Category: Criminal Law | Date: | Hits: 44
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....en to the- statement of P.W. 11 about "maramari", which is based on hearsay. There is no suggestion to any of the eye-witnesses that there was a "maramari" between the parties 6. It was next contended by Mr. Abdur Rab, I that the charge of rioting against the...... Munshi, an uncle of deceased Shamsul Huq, appellant in Criminal Appeal No. 2 of 1973 went to the thana and lodged the First Information Report on that day at 10 A.M. whereupon police took up investigation and on completing the same submitted charge-sheet. After holding preliminary inq..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....red under Section 426 of the Code was considered in the case of Haji Md. Akil Vs. The State reported in 25 DLR page 126 by a Division Bench of the High Court of Bangladesh, to which one of us was a party in another capacity, and it was held therein that since the provision of Section 426 of the Co......ntly applies to a stage where the accused is first-brought before a Court or his arrest is brought to the notice of the Court. Sub-section (2) of the said section provides that if at any stage of the investigation, inquiry or trial it appears that there are not reasonable grounds for believing that ..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....ame to the house of Yasin Sk, it was the month of Ramjan, They stayed for the night, took their meals, and then slept in the north Bhiti hut of Yasin Sk. They took ‘Sehri’ in the later part of the night and went to bed again, but some time thereafter on hearing the cry of P. Ws. Sira......tep-mother Maleka and ran away towards east. Thereafter he (P. W. 1.) went to the Kaliganj Police Station and lodged a First Information Report. P. W. 6, a Sub-Inspector of Police, having held the investigation in the case submitted charge-sheet against the accused (Abdur Rashed) who was there&s..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....r the Appellants. Syed Ishtiaq Ahmed, Senior Advocate with Zamiruddin Ahmed and K.Z. Alam, Advocates instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent 1. Ex-parte—For Respondents 2-6. Civil Appeal No. 112 of 1979. (From the Judgment an...... 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)
....by Aminul Huq, Advocate-on-Record—For the Appellants. K.A. Bakr, Attorney General, B. Hossain Advocate-on-Record.—Rule 1, Order XLV, Supreme Court (A.D.) Rules, 1973. Ex parte—Respondent. Civil Appeal No. 31 of 1979. (From the judgment and order dat......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
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....ellants. Khondaker Mahbubuddin Ahmed, Senior Advocate, (Mahbubey Alam, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent No. 1. Ex-parte—Respondent No. 2. Civil Appeal No 98 of 1980. (From the judgment and de......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)
....ws items. Both the Courts found that by Ext. 5 a news item in Jugabheri dated 30-6-65 an attempt was made to bring down the image of Dr. Jamshed Bakht by stating that he travelled in Inter Class compartments while he was entitled to first class, which created a commotion, whereas it is clear fro......hy;taining the truth or falsehood of the complaint, section 203 provides for dismissal of complaint if the Magistrate is satisfied after considering the statement on oath and the result of the investigation or inquiry under section 202 "there is, in his judgment, no sufficient ground fo..Category: Criminal Law | Date: | Hits: 77
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