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Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....essions Case presupposes the appearance of the accused before the court for the purpose of hearing the accusation or charge against him or them. The trial actually started on 16.03.1981 and it is the date which should be reckoned as the starting point of the trial. The High Court Division committed ...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... Advocate with him), instructed by Mohammad Ayub, Advocate-on-Record—For the Respondent (In Civil Appeal No. 164 of 1983). Civil Appeal Nos. 63 & 164 of 1983. From the Judgment and Order dated 27.6.83 passed by the High Court Division, Dhaka in Civil Revision Nos. 103 & 153 of 1983.......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....nior Advocate, Instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 73 of 1984. (From the judgment and order dated 22.11.1983 passed by the High Court Division, Comilla Bench, in Civil Revision No. 893 of 1981......e to justify such conclusion that there had been waiver. However in an appropriate case this point may need further consideration. But for the disposal of this appeal two more important points need scrutiny especially on section 10 inasmuch as the entire judgment revision such foundation of inte..Category: Tenancy Law | Date: | Hits: 65
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
...., Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Aftab Hussain, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 68 of 1983. (From the judgment and order dated May 5, 1981 passed by the High Court Division in Civil Revision No. 263 of 1981.) Judgment ...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
.... Advocate (A. J. Mohammad Ali, Advocate with him) instructed by Mr. Sharifuddin Chaklader, Advocate-on-Record—For the Respondent. Civil Appeal No. 33 of 1984. (From the Judgment and Decree dated 16.2.82 passed by the High Court Division in Second Appeal No. 45 of 1963.) Judgment: Fa......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....e, with him), instructed by Md Aftab Hossain, Advocate on Record—For the Respondent No.1. Ex-parte- For the Respondent Nos. 3-13. Civil Appeal No. 103 of 1984 (From the Judgment and order dated 18th January 1984 passed by the High Court Division, Comilla Bench, in Civil Revision No. 184 ......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
.... Respondent Nos. 1. Mohammad Ayub, Advocate on Record —For the Respondent Nos. 2—4. Ex-parte-For the Respondent Nos. 5 & 6. Civil Appeal No. 166 of 1983. (From the judgment and order dated 13th April, 1983 passed by the High Court Division, Dhaka, Beach in Civil Revision No. 1226 of......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....ddin Ahmed, Senior Advocate (Shah Abu Nayeem, Advocate with him) instructed by Abu Backkar, Advocate-on-Record—For the Respondent. Civil Appeal No. 106 of 1984 (From the Judgment and Order dated 9.7.84 passed by the High Court Division, Dhaka Bench in Civil Revision No. 412 of 1983). J......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....rd—For the Appellant. Chowdhury Ramzan Ali, Advocate, instructed by Abu Backkar, Advocate-on-Record —For the Respondent. Civil Appeal Nos. 115-119 of 1984. (From the Judgment and Order dated 8.1.84 & 10.1.84 passed by the High court Division, Dhaka in Application Nos. 6, 7, 8, 9 a......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
.... instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 2. Ex-parte—For the Respondent Nos, 3 & 4. Civil Appeal No. 101 of 1984. From the Judgment and Order dated 7th & 8th December, 1983 passed by the High Court Division, Chittagong in First Appeal N......dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ..Category: Business or Commercial Law | Date: | Hits: 118
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....ate instructed by Wahidullah, Advocate-on-Record— For the Respondent No. 3. Not represented—For the Respondent Nos. 1-2 & 4. Civil Appeal No. 34 of 1985. From the Judgment and Order dated 4.3.85 passed by the High Court Division, Dhaka in writ petition No. 20 of 1985. Judgment ......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
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....ate-on-Record—For the Appellants. B.N. Chowdhury, Advocate, instructed by S. R. Karmakar, Advocate-on-Record—For the Respondent. Civil Appeal No. 89 of 1984 (From the Judgment and Order dated 8.11.83 passed by the High Court Division, Dhaka Bench, in Second Appeal No. 974 of 1967) J....... 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. ..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....ior Advocate, with Huq Bhuiyan, Advocate, instructed by S. S. Huda, Advocate-on-Record. —For the Respondents. Civil Appeal No. 90-D of 1968. (From the judgment and order dated 29-6-66 passed by the Dacca High Court in F. A. No. 91 of 1961). Judgment: &nbs......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)
....r the Appellants. Aminul Huq, Advocate-on-Record—For the Respondent. Rafiq-ul Huq, Advocate—Amicus Curiae. Civil Appeal Nos. 22-D, 23-D and 24-D of 1969. (From the Judgment and Order dated 22nd January, 1969 passed by the Dacca High Court in Petition Nos. 170, 181 and 182 of 1967). ......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
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....Hossain, Advocate-on- Record—(For the Respondent No. 1). Ex-parte—Respondent No. 2. Civil Appeal No. 78 of 1974. (On appeal from the Judgment and Order dated 21-1-74 passed by the High Court Division in appeal No. 1 of 1973). Judgment: ......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)
....). Moinul Huq, Advocate, with Md. Hafizullah, A. Baset Majumder, Advocates— For the Respondents (In all the appeals). Civil Appeal Nos. 26, 27 and 28 of 1974. (From the judgment and order dated 21st March, 1974 passed by the High Court Division in Petitions No. 150, 166 and 167 of 1973).......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
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....Record. —For the Petitioner. Syed Ishtiaq Ahmed, Additional Attorney-General—For the Government. Civil Petition for Special Leave to Appeal No. 47 of 1973. (From the judgment and decree dated 8th December, 1972 of the High Court of Bangladesh passed in Appeal from Appellate Decree No, ......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. ..Category: Constitutional Law | Date: | Hits: 148
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....Record—For the Appellants. Khondkar Mahbubuddin Ahmed, Advocate, instructed by A. Rab-II, 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 Muham......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)
....vocate, with Humayun Kabir Chowdhury S.C. Das, Advocates, instructed by M.R. Khan, Advocate-on-Record—For the Respondent, Criminal Appeal No. 27 of 1974 (From the Judgement and Order dated 12-9-1974 passed by the High Court Division in Petition No. 848 of 1974). Judgmen......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)
.... M. R. Khan, Advocate-on-Record—For Respondent No. 2. Criminal Appeal No.10-D of 1971. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 7th July, 1969, in Criminal Revision No. 295 of 1968 Judgment ...... 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
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