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Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....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......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...... Ahmed J Md. Nurul Islam, being dead his heirs: Md. Shamsul Islam & ors…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (......s…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (X of 1897) Section 27 The learned Judges of the High Court Divisi..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged 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) 106 ......d be appointed as his guardian. For the reasons staged 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) 106 ......D 1954 Lah 704, Ali Akbar Vs. Most. Kaniz Maryam, (1956) 8 DLR Lah 43, Most. Sultana Begum Vs. Muhammad Shafi, (19,65) 17 DLR Kar 119 Mst. Munawar Jan Vs. Master Muhammad Afsar Khan, PLD 1962 Lah 142 and Rahimullah Chowdhury Vs. Mrs. Sayeda Helali Begum, (1968) 20 DLR 1 SC. Lawyers Involved: ......d be appointed as his guardian. For the reasons staged 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) 106 ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....tedly contain an admission of the respondent (defendant No.1) that he was a tenant under the appellant. These exhibits are certified copies of two applications of the respondent to the Additional Deputy Commissioner (Revenue) praying for settlement to the suit-premises from the Government, the......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......tion 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the tenancy and restores possession to the landlord. Once a......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)
....late Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Mymensingh…… …………………………………Appellant Vs. A......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 ...... Abani Kanta Chakraborty & others........Respondents Judgment February 5, 1986 The State Acquisition & Tenancy Act (XXVIII OF 1951) Section- 3(4) (e) The Plaintiff got licence from the landlord for cultivation of jute in the disputed land since 1940, the land being in his possession, f......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 Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....) (1986) 81. ......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......gment May 30, 1985. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 & 135 The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separ......gladesh, 33 DLR (AD) 371; B S I Corporation Vs. Mahbub Hossain, 29 DLR (AD) 41; Gould Vs. Minister of National Insurance, All E. R. 1951 Vol. (1) p. 368. AIR 1963, S.C. 1811 Dr. S. L. Agarwal Vs. The General Manager, Hindustan Steel Ltd, AIR I970 SC 1150, and Ranju Kumar Chatterjee Vs. Union of Indi..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....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. ......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. ......8), section 10 The remedy for realizing dues is provided for in Article 33 of the Shilpa Bank Order, 1972. Since the subject matter of the two proceedings namely, Miscellaneous Case No. 88 of 1974 and Title Suit No. 193 of 1981 are the same, the later was rightly stayed by the Subordinate Judge, ......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)
....med thus: ''Whether on the facts and circumstances of the case the Tribunal was justified in allowing the appeal setting aside the order of the Appellate Joint Commissioner as well as of the Deputy Commissioner under section 18A imposing additional amount of tax and whether notice under......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. ......appeals are allowed. The Income Tax Act (II of 1922) s. 18 Another notice for the purpose of section 18 (1) has not been provided for, inasmuch as, it is the continuation of the same proceeding and not a different proceeding. The High Court Division erred in law in taking the view that a separ......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
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....-Divisional Officer and made an allegation apprehending some foul play on the part of their nephew Sonaullah Akhan. After some enquiry the Sub-Divisional Officer referred the matter to the Additional Deputy Commissioner (Revenue) to whom the Certificate Officer was directly subordinate. The Additi...... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......-Record—For the Appellant (in Criminal Appeal No. 54 of 1985). B. Hossain, Advocate on Record—For the Appellant-on-Record—For the Respondent (in both the appeals). Criminal Appeals No. 25 and 54 of 1985 (From the judgment and order dated 14 August 1984 passed by the High Court Divisio...... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....Act and are, therefor, liable to punishment under section 4 thereof. It was furtherer disclosed that the appellants had subsequently subscribed a declaration which was authenticated by the Additional Deputy Commissioner as District Magistrate on 4th January 1984. It was opined by the complainant t......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ...... Vs. Sajedul Haque……………………………………….Respondent Judgment July 9, 1985. The Code of Criminal Procedure, 1898 (Act V of 1898), section 5(2) The Printing, Press and Publication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under......d: K Z Alam, Advocate instructed by Md. Aftab Hossain. Advocate-on-Record—For the Appellants. Syed Sakhawat Ali, Advocate-on-Record— For the Respondent. A.W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Record. —Amicus curiae. Criminal Appeal No 1..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
.... the Managing Partner of the firm came to learn that the petrol pump was taken over by respondent No. 1 and was handed over to respondent No. 2 with the assistance of respondent No. 3, Additional Deputy Commissioner, (Development) Chittagong. Since then the petrol, pump is being run by responden......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. ......Ahmed J M/s Hajee Mohammad Ali & Sons…..Appellant Vs. Burma Eastern Ltd. & others…………Respondents Judgment July 22, 1985. Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the ......litical pressure extended by respondent No. 2 no legal relief could be obtained by him. However, on 13th January 1975 a formal legal notice was served on the Deputy Commissioner, Chittagong and the General Manager, Burmah Eastern Ltd. With the request to restore the filling station to the appellan..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....SC) 1744; Md. Joynal and others vs Md. Rustam Ali Mia and others, Bangladesh Case Reports 1984 AD 19. Lawyers Involved: Aminul Huq, Advocate-on-Record-For the Appellants. M. Moazzem Hassain, Deputy Attorney General, instructed by Zinnur Ahmed, Advocate-on- Record—For Respondent No.1 Md......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......ction 345 (5) The Penal Code, 1860 (XLV of 1860) Section 379 The case being under Section 379 of the Penal Code is compoundable by the owner of the property stolen under section 345(5), Cr.P.C. and as compounding of such disputes is encouraged, the Court disposes the Appeal on compromise and a......ynal and others vs Md. Rustam Ali Mia and others, Bangladesh Case Reports 1984 AD 19. Lawyers Involved: Aminul Huq, Advocate-on-Record-For the Appellants. M. Moazzem Hassain, Deputy Attorney General, instructed by Zinnur Ahmed, Advocate-on- Record—For Respondent No.1 Md. Aftab Hassain,..Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....av vs. State of Bombay, AIR 1960 (SC) 748; Dahu Raut's case, 62 Ind, App. (AIR 1935 P.C. 89). Lawyers Involved: Miah Abdul Gafur Advocate-on-Record— For the Appellant. M. Moazzem Hossain, Deputy Attorney-General, instructed by M.R. Khan, Advocate-on- Record—For the Respondent Crim......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......allenging the order of conviction cannot be disposed of only in respect of the period of sentence even on consent of the parties without considering propriety of the Conviction. The Appeal is allowed and the case is sent back on remand to the High Court Division for rehearing on merit……….(7) ......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... 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. ...... 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. ......st 22, 1984. Result: The appeals are allowed. The Companies Act, 1913 (VIII of 1913), Sections 38, 162, 184 The prayer for winding up of the Company under section 162 of the Companies Act and Prayer for rectification of the share register under section 38, simultaneously in the same peti...... 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
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....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. ......sent: A.M. Sayem CJ A. B. 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.......eal No. 17-D of 1970. Lawyers involved: M.H. Khondkar, Senior Advocate, instructed by S.S. Hoda, Advocate-on-Record For the appellants. Syed Ishtiaq Ahmed, Additional Attorney-General with Mahmudul Islam, Assistant Attorney- General, instructed by A.W. Mallik, Advocate-..Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....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. ...... M. Sayem J A.B. Mahmud Hussain J Ahsanuddin Chowdhury J Jabed Ali Sarker………………… Appellant Vs Dr. Sultan Ahmed and another…………………..Respondent Judgment ......espondent Judgment March 17 & 18, 1975. Lawyers involved: Syed lshtiaq Ahmed. Additional Attorney General, M. Nurullah, Advocate, instructed by S. M. Haq, Advocate-on-Record-For the Appellant. ..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....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: ......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: ......esent: 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 Mozammel Huq Khan and ......r promotion to the cadre of officer Class-II and further that their seniority for the purpose of promotion to the cadre of Officer Class-II should he 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 ..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....ed to the petition, directing that the triangular plot marked 'A' therein be derequisitioned but since no action was taken in pursuance of that order, he made a representation to the Additional Deputy Commissioner (Requisition) Dacca who on the basis of the direction of Mr. Madani took the......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. ......der as to cost. Ed. ...... May 2, 1975. Lawyers involved: S. R. Pal, Senior Advocate, with S. C. Das, Advocate, instructed by A. Rab-II, Advocate-on- Record.—For the Appellants. Faqeer Shahabuddin Ahmed, Attorney-General instructed A. M. Khan Chowdhury, Advocate-on- Record—For the Respondents No. 1-3. Shams..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....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. ......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. ......t Appellate Division (Civil) Present: AM Sayem CJ ABM Husain J MA Jabir J Ahsanuddin Choudhury J Osman Gani Mondal……………….....Petitioner Vs. Mainuddin Ahmed and others…......Respondents Judgment April 26, 1974. Result: The petition is dismiss......t: The petition is dismissed. Lawyers involved: Md. Ansar Ali, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. —For the Petitioner. Syed Ishtiaq Ahmed, Additional Attorney-General—For the Government. Civil Petition for Special Leave to Appeal No. 47 of 1973. (Fro..Category: Constitutional Law | Date: | Hits: 148
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....tively and on 10-11-69 the Superintendent of Excise suddenly looked the office and factory1 of the firm and the attempt to get release of the same did rot succeed. Subsequently Mr. M. A. Majid, Deputy Magistrate and Deputy Collector, purporting to act as Administrator, reopened the factory on ......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. ...... no order as to costs. Ed. ......ansur Ali Vs. Aradendu Shekhar Chatterjee. (1959) 21 DLR (SC) 20; Daulatpur Jute Mills Ltd. Vs. Province of E. Pak. (1968) 20 DLR 1209. Lawyers involved: Syed Ishtiaq Ahmed, Additional Attorney-General, with B. B, Roy Chowdhury, Assistant Attorney-General, instructed by A.W. Mallik, Advocate-o..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....rne, 52 Cr.L.J. 1951 page 305; C.P. Matthen Vs. District Magistrate, Trivandram, AIR. 1939 (P.C.) 213. Lawyers involved: Faqeer Shahabuddin Ahmad, Attorney-General, with A.T.M. Afzal, Deputy Attorney-General, Mahmudul Islam, A. Wadud Bhuiyan, Assistant Attorney General, instruc......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. ......retary Ministry of Home Affairs.....Appellant. Vs. Ahmed Nazir………….... Respondent Judgment March 19, 1975. Cases Referred to- Sandal Singh Vs. District Magistrate and Superintendent, Dehra Dun A.I.R. 1934 (Allahabad) 148; Meh......; In re: Prahlad Krishna Kurne, 52 Cr.L.J. 1951 page 305; C.P. Matthen Vs. District Magistrate, Trivandram, AIR. 1939 (P.C.) 213. Lawyers involved: Faqeer Shahabuddin Ahmad, Attorney-General, with A.T.M. Afzal, Deputy Attorney-General, Mahmudul Islam, A. Wadud Bhuiyan, Assista..Category: Criminal Law | Date: | Hits: 85
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