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Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)

....ily an application filed by the appellant under section 215 of the Code of Criminal Pro­cedure for quashing the order of commitment of the appellant to the Court of Sessions to stand trial on a charge under section 302/109 of the Penal Code. 2. The appellant Lutfun Nahar Begum along w......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)

....kistan in an appeal and a reference under section 374 of the Code of Criminal Procedure. Criminal Appeal No. 2 of 1973 was filed by an uncle of the person for whose murder the res­pondents were charged at the trial under sections 148, 302/34 and 307/34 of the Penal Code, and Criminal Appeal N......;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)

....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. ......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)

....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. ......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)

....rds 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 there­after tried on a charge under sec......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..

Category: Criminal Law | Date: | Hits: 66

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. ..

Category: Property Law | Date: | Hits: 45

Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)

....tor of the banking com­pany." 8. As appears from clause (1), section 66 of the Ordinance, if any loss has been caused to the Banking Company by an act or omission of a person in-charge of the promotion or formation of the company or any director or auditor of the company the o......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. ..

Category: Property Law | Date: | Hits: 45

Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)

....ession of the land. The land was inherited by Mungro Mali's only son Ram Rattan from whom one Dinendra Nath Bose, brother of the plaintiffs' father, purchased and possessed the land as Shebayet-in charge of the Debuttor Property including the suit land. There­after, Dwijendra Nath Bose tran......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)

....dhury J. - This appeal by leave is 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 Mag......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. ..

Category: Property Law | Date: | Hits: 47

Bangladesh Freedom Fighters Welfare Tr­ust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)

....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. ......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)

....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. ......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

Baitul Aman Coope­rative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)

....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. ......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

Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)

....slam J.- These appeals by special leave arise out of the judgment and order dated April 20, 1978 of a Single Judge High Court Division in Civil Revision Nos. 1386-1389 of ]975. The learned Judge discharged the Rules refusing to interfere against the judgment and order of the Additional Dis­t......e dealing with the application under section 96 of the Act for pre­emption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 49

Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)

....hat the subdivision was not legal and accordingly allowed the pre-­emption case. 5. Being aggrieved by that order the High Court was moved and in Civil Revision No, 505/70 the High Court discharged the Rule by holding that the Revenue Officer had not acted in accordance with law and the su......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ..

Category: Property Law | Date: | Hits: 48

Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)

.... the result, therefore, this appeal is allowed with costs. The order of the High Court   Division is set aside, and the applica­tion for temporary injunction rejected. Ed. ...... the result, therefore, this appeal is allowed with costs. The order of the High Court   Division is set aside, and the applica­tion for temporary injunction rejected. Ed. ..

Category: Banking Law | Date: | Hits: 130

Hasan Imam Chowdhury Vs. Govt. of Bangla­desh and others, 1981, 10 CLC (AD)

....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. ......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

Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)

....hin' is appointed. After the death of the plain­tiff the followers and devotees appointed a Managing Committee. Madan Meah is the Vice-President of the Managing Committee and entrusted with the charge of looking after the case. The plaintiff described in the plaint himself as the 'Sajjadanash......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of   the decision of the majority the appeal is allowed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 91

Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)

....e was drawn and signed on 22-5-65. The decree could not be drawn and signed earlier as the required stamp-paper was not put in. A decree in a partition suit is an instrument of partition which is chargeable with stamp duty under article 45 of the Stamp Act, 1898, and unless it is duly stamped t......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..

Category: Procedural Law | Date: | Hits: 106