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Bangladesh Enemy Property ManageÂment Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....1) of the rule 122 of the Defence of Pakistan Rules revailidated and continued by the Enemy Property (continuance of enemy provisions) Ordinance of 1969 (Ordinance No. 1 of 1969). The facts which are relevant for the purpose of this appeal are as follows:— 2. The case of the respondent was that......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. ......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)
....cle 102 (2)(b)(i) of the Constitution. He also referred to the American Law on the point. 4. Mr. S.R. Pal appearing for the respondent, on the other hand, invited our attention to the relevant Articles of Halisbury’s Laws of England, section 491 of the Criminal Proc......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......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)
....i Nanda Singh and others, reported in A.I.R. 1961 (Patna), 425, the High Court of Patna expressed views analogous to those which we have expressed above. In the aforesaid case after discussing the relevant provision of sections 145 and 146 of the Code it was observed as follows: &quo...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......eported in: 27 DLR (AD) (1975) 37. ...... 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
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....murdered persons, who were his niece and nephew, used to reside in that flat with him. Mr. Bhuiya was away in his office and no other person except the two murdered persons were in the flat at the relevant time. The appellant had herself gone to the house of one Mr. Rashid in the neighborhood sh......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. ......M. Masud, Deputy Attorney General instructed by A. M. Khan Chowdhury, Advocate-on -Record—For the Respondent. Criminal Appeal No. 9-5 of 1971. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca on 27th May, 1970, in the Criminal Revision Case......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
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....ended to restrict the power conferred under section 427 of the Code in the matter of grant of bail to an acquitted resÂpondent. Upon consideration of the provision of section 427 of the Code and the relevant provisions of P.O. 8, it was held in para. 20 of the reported judgment that: "...the pro......y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ...... 1974). Badsha Miah.....................Respondent (In Criminal Appeal No. 8 of 1974). Md. Bazlur Rahman Miah & another……....Respondents (In Criminal Appeal No. 9 of 1974). Gopal Chandra Roy & another ……………………Respondents (In Criminal Appeal No. 10 of 1974). ......y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding 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 withÂout any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ...... being the legislative intent under Rule 20A, election should have been stopped when there was only one candidate in the field after the unfortunate death of Dr. Shafiqur Rahman and fresh nomination papers should have been called for to enable the electorates to exercise their right of franchise by......l) Present: A M. Sayem CJ A. B. Mahmud Hussain J A. Jabir J Ahsanuddin Chowdhury J Mazharul Huq alias Mazharul Huq Chowdhury………...Appellant. Vs. The Returning Officer and Circle Officer, (Dev.) Double Moorings, Chittagong, and others ………….……Respondents ......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed withÂout 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)
....o common experience that for preparation to ably defend an accused charged with an offence punishable with death sufficient time before the commencement of the trial is necessary to go through the relevant papers, namely, the first Information Report, the statements of the witnesses recorded by ...... question arose before the High Court whether appointment of an Advocate at State expense at an early date was enough or it was necessary also that the lawyer should be supplied with all necessary papers-fairly early so that he had time to think and to hold private consultation with the accused,......sp; Cases Referred to- Khadim Vs. The Crown, P.L.D. 1954 Lahore 69; Abdul Gani Vs. The State, 19, DLR. Dacca 388; The State Vs. Puma Chandra Mondal 22 DLR. Dac. 280. Lawyers involved: Abdur Rashed, Advocate— For ......t is necessary to appoint Counsel at Government expense for the prisoner nominates a Counsel merely to stand and watch the trial without giving him an opportunity to study the necessary documents and think over the case, makes a farce of the rule which entitles a prisoner charged w..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... sale as contemplated under the Mohammedan Law was complete, and hence the demand made on 13-10-57 for pre-emption was not premature but a valid demand. In this context it would be relevant to mention that while considering the question as to whether the suit was barred by ...... 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. ......;……………………………………Appellants Vs. Abdul Latif Bhuiyan, being dead, his heirs: Asia Khatun and ors……………..Respondents Judgment Feb. 26.1981.&......alab-i-mowasibat. On February 7, 1946 the receipt was made over by them to the respondent purchaser who thereupon paid the balance of the price as stipulated in the deed. On February 9, 1946, the documents were copied in the Registrar's book and thereupon the registration became complete as pro..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
.... of Patuakhali Bank Limited (in liquidation), before the erstwhile High Court of East Pakistan. The allegations against him were as follows: (i) That the respondent by withholding the relevant loan ledgers and loan documents allowed the loans amounting to Rs. 34,980/79 (thirty four......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. ......y 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 dated March 22, 1973 passed by the High Court Division in Appeal No. 1 of 1974) Ju...... liquidation), before the erstwhile High Court of East Pakistan. The allegations against him were as follows: (i) That the respondent by withholding the relevant loan ledgers and loan documents allowed the loans amounting to Rs. 34,980/79 (thirty four thousand nine hundred eig..Category: Business or Commercial Law | Date: | Hits: 101
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
.... these contentions Mr. Khandaker has, of course, referred to a great number of decisions; but before we consider the principle of law formulated in those decisions we propose to look into the relevant facts of the case as on record in order to see the inconsistent stand taken by the plainti......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. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Sunil Kumar Biswas …………………….Appellant Vs. Mohammad Idris and others…………Respondents Judgment April 16, 1981 ......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
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....the body of that person is in a loathsome state, generally considered as disgraceful." This section which defines defamation has provided some exceptions, one of them which in relevant for the purpose of determining the question raised in this appeal is contained in the Fou......ame day under the caption" "osposto” and an English version of it was published in Eastern Herald dated 2-10-65 under the caption "Husband vs. sworn father." Both the papers are Ext. 1 and Ext. 3 respectively. The police submitted report on 6.11.65 after about two w......n vs. Bholanath Khattry (1911) I.L.R. 38 Cal. 888. Lawyers Involved: Md. Nurul Huq, Advocate-on-Record—For the Appellant. B.K. Das, Advocate, instructed by B.C. Panday, Advocate-on-Record,—For the Respondent. Judgment: ......; means and includes— (1) all statements which the court permits or requires to be made before it by witnesses, the relation to matters of fact under inquiry; (2) all documents produced for the inspection of the Court; such documents are called documentary evi..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....re-emption of non-agricultural land in the East Bengal Non-Agricultural Tenancy Act (XXIII) of 1949. Under that Act a contiguous owner cannot claim a right of pre-emption. After 'review of relevant provisions of the East Bengal State Acquisition and Tenancy Act we think that section 96 ....... 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. ......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. ....... 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
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....General Meeting of Jamuna Oil Company Limited for the years 1976, 1977 and 1978 in the High Court Division and the High Court Division after bearing rejected the application on the finding that the relevant provisions of sections 76 and 79 of the Companies Act are not applicable to su......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. ......lam, Advocate, instructed by Md, Aftab Hossain, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondent. Civil Appeal No. 20 of 1980. (From the Judgment and Order dated 30.4.79 passed by the High Court Division in Company Matter No. 10 of 1979.) ......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
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....e given for the hearing. Ext. D shows that notices were issued and service notices were duly filed. "There is no objection. Both parties present and produced rent receipt of the ex-Zaminders and relevant documents showing previous separation but amalgamated by the present settlement operat......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. ......ppellate Division (Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Mafizuddin Patwari being dead his heirs Md. Tofaazzal Hossain Patwari and others ………………….Appellants Vs. Abdul......or the hearing. Ext. D shows that notices were issued and service notices were duly filed. "There is no objection. Both parties present and produced rent receipt of the ex-Zaminders and relevant documents showing previous separation but amalgamated by the present settlement operation"..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. ......ttara Bank …………………………………………………Appellant Vs. Macneill and Kilburn Ltd. and others……………….Respondents Judg......h another bank in the seller's country known as the correspondent or negotiating bank, to accept drafts drawn upon it for the price of the goods, against tender by the seller of the shipping documents. The contractual relationship between the issuing bank and the buyer is defined by the t..Category: Banking Law | Date: | Hits: 130
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....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. ......ue therefore survives." 20. On the question as to whether Madan Meah was a duly appointed 'khadem' of the Darbarsharif the learned Munsif on consideration of the papers filed by Madan, Meah which consisted of a series of correspondence with various ......ondker, Senior Advocate A.K.M. Shafiqur Rahman with him instructed by Md. Aftab Hossain, Advocate-an-Record,—For the Respondent. Civil Appeal No. 48 of 1979. (From the judgment and order dated 25-5-78 passed by the High Court Division in Civil Revision No. 152 of 1980.) ......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)
....uisite for obtaining a copy of judgment and the decree. Having drawn the distinction between the date of judgment and the date of decree their Lordships further observed: "The relevant law appears clearly to distinguish between the judgment and the decree- which follows upo......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. ...... Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Amanullah Bhuiyan and others…………….Appellants Vs. Abdul Hafiz and or......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
Commissioner of Taxes & another Vs. M/s. Mullick BroÂthers, 1981, 10 CLC (AD)
....sment, the income tax authorities find that such returns have been filed correctly these would be accepted accordingly. (b) If in the light of the wealth stateÂments, personal expenses and other relevant facts, the returns/revised returns or the consolidated statement are not found acceptable b......rom want of legal authority. In the result, therefore, this review appliÂcation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......¦â€¦..Petitioner Vs. M/s. Mullick BroÂthers…………………………………………..Respondent Judgment February 2, 1981. Result: The review appliÂcation is allowed and the appeal is dismissed. Lawyers Involved: T. H. Khan, Senior Advocate, with Muzammel Huq......rom want of legal authority. In the result, therefore, this review appliÂcation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....Petition under Article 102 of the ConsÂtitution alleging, inter alia, mala fide in the Government in causing his premature retireÂment. 7. Some facts which appear in the petition may seem to be relevant for deciding the legality or otherwise of the impugned notificaÂtion. The appellant comple......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......uhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represenÂted by the Secretary, Ministry of Health and Population Control and others…………………………………………Respondent Judg......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....ial point would resolve the questions on which leave has been granted by this Court. 12. In order to arrive at a correct finding on this aspect, it would be necessary to consider the effect of the relevant provisions contained in a series of enactments which followed the promulgation of P.0. No. ......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......stribution Co. Ltd. & ors...........Respondent And A.K.M. Ayub Ali..............................................................Appellant (In C.A. 65 of 1980). vs. Eastern Refinery Ltd. and others.....................................................Respondent Judgment June 12, 19......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
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