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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).......omes into play only when disciplinary proceedings are taken against a public servant, which was not done against the plaintiff. The Supreme Court of India came to the conclusion that there was no breach of any Rule in regard to the plaintiff and that since the High Court, having been vested with..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 ......equence of which Mr. M. A. Islam, the then Sub-Divisional Magistrate by his order dated 6th April, 1961 released the lands from attachment with the observation that "there is no chance of the breach of peace". A reference was made under section 438 of the Code of Criminal Procedure to ..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
.... the Petitioner. Not represented—the Respondent. Petition for Special Leave to Appeal No. 30-D 1971. (From the judgment and order of the High Court of East Pakistan dated 13th July, 1971 in Criminal Appeal No. 541 of 1967). Judgment &nb......irman of a Union Council from 1960 till 5-9-65 was tried by an Assistant Sessions Judge and Ex-Officio Special Judge of Mymensingh under the Criminal Law Amendment Act on a charge of criminal breach of trust in respect of a sum of Rs. 915/- during the period when he held office as Chairman ..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....le's house to a mess near Faujdarhat Tobacco Company and on his query the deceased told that "his aunt was not affectionate to him and so he left his uncle's house", he could not tell the date when the deceased said so. P. W. 10 stated that about three months before the occurrence, dece......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)
....;…………………...Respondents Judgment April 11, 1974. Criminal Appeals Nos. 2 & 3 of 1973. (From the judgment and order dated 23rd April, 1970 passed by Dacca High Court in Death Reference Case No. 1 of 1970 and Cr......;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)
....dent (In Criminal Appeal No. 6 of 1974). Not represented—Respondents (In Criminal Appeal Nos. 3,4,7-14, 16-17 of 1974). Criminal Appeal Nos. 1 to 18 of 1974. (From the judgment and orders dated 5th and 6th December, 1973 of the High Court Division in Criminal Appeal Nos. 552, 17, 660, 19......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
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
.... of the Supreme Court (Appellate Division) Rules, 1973. Respondent Nos. 1-3—Not represented. Civil Appeal No 4 of 1974. (On appeal from the Judgment and Order of the High Court Division, dated 19-12-73 passed in petition No. 493 of 1973). Judgment: Ahsanuddin Chowdhury, J.—This......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....Appellant. Khan, Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1972. (On appeal from the judgment and order of the erstwhile High Court, Dacca dated 8-7-1970. Passed in Death Reference No. 6 of 1970 and Criminal Appeal No. 237 of ......ion and sentence of death and directed retrial of the prisoner. The High Court held that a last moment appointment of an Advocate for defending an accused of capital offence not only resulted in a breach of provisions of 6th paragraph of Chapter XII of the Legal Remembrance’s Manual, 1960 ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....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 and Decree dated 1st June, 1979 passed by the High Court Division in S. A. No. 486 of 1964.) Judgment: ...... 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)
.... 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 dated March 22, 1973 passed by the High Court Division in Appeal No. 1 of 1974) Judgment: ......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)
....the Respondent Nos. 1& 2. Exparte-Respondent Nos. 3-21. Judgment: Shahabuddin 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 sui......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)
....structed 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 decree dated 20.8.1976 passed by the High Court Division in F.A. No. 97 of 1965). Judgment: ......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
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