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Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)

.... 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. ......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. ..

Category: Banking Law | Date: | Hits: 121

Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)

....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. ......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. ......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. ......d 141A refer to offences discovered by a particular procedure. They impose no restriction on the man­ner in which offences may be taken cog­nizance of." 18. In the case of All India Anglo Indian Association Vs. R. A. Massey AIR 1956 Punj 210, the Court, in considering as to whether in respect o..

Category: Criminal Law | Date: | Hits: 59

M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)

.... & Sons, dea­ler Burma Eastern Limited, Dhaka Trunk Road, Chittagong is as follows: "Dear Sir, Sub: Our filling station at Dhaka Trunk Road. In view of the fact that the Govern­ment of Bangladesh have declared you an enemy of the State and sealed all your properties, we are arranging ......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. ......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. ......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

Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)

....Appeal on compromise and acquits the accused……..(5) Cases Referred to- Bhim Singh and others vs. State of U.P. A.I.R. 1974 (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 A......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. ......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. ......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. ..

Category: Criminal Law | Date: | Hits: 53

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. ...... J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Ellal Textile Mills Ltd. & others…………………………… Appellants (In Civil Appeal No. 53 of 1984). Shohagpur Trans­port Services Ltd. & others..............Appellants (In Civil Appeal No. 54 of 1984). Vs. Md. A......of late M. A. Jalil inasmuch as the heirs did non file any Succession Certificate to the Company, (c) the heirs of M. A. Jalil did not comply with the legal formalities as provided in the Articles of Association before their names could de entered into the Share-Regis­ter,(d) since their names were..

Category: Company Law | Date: | Hits: 195

Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)

.... of quashment is set aside and the trial of Sessions Case no. 407 of 1982 is now to proceed. ………..(14) Cases Referred to- Abdul Quader Chow­dhury and other Vs. The State, 28 DLR (AD) 38; Bangladesh vs. Tan Kheng Hock 31 DLR (AD) 69; Abdus Salam Master alias Salam and another vs. The Sta......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ..

Category: Criminal Law | Date: | Hits: 105

Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)

....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. ......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. ......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. ......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

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. ......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. ..

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. ......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. ..

Category: Business or Commercial Law | Date: | Hits: 113

Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)

.... Ed. This Case is also Reported in: ......nd beyond that to the post to Under-Secretary and hence the order of the High Court was found to be wholly inappropriate. In the other case the plaintiff-respon­dent joined the Bangal Civil Service (Judicial) as Munsif in 1937 and in 1955 same other Munsifs whose named is appeared below that of the......cretary and beyond that to the post to Under-Secretary and hence the order of the High Court was found to be wholly inappropriate. In the other case the plaintiff-respon­dent joined the Bangal Civil Service (Judicial) as Munsif in 1937 and in 1955 same other Munsifs whose named is appeared below th......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

Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)

....llate Division (Civil) Present: AM Sayem CJ ABM Husain J MA Jabir J Ahsanuddin Choudhury J Badal Rani Misra alias Badal Rani Goswami and others………..Appellants. Vs. Bangladesh and others …………….Respondents Judgment May 2, 1975. Lawyers involved: ......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. ......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. ......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. ..

Category: Property Law | Date: | Hits: 48

Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)

.... 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, 204 of 1965). Judgment AM Sayem CJ.—T......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. ......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)

....h Court Division are set aside. There will be no order as to costs. Ed. ......upreme Court of Pakistan also took note of a passage in Halsbury's Law of England, Third Edition, Vol. 39 under the head "Common Law and Convention" at page 26 where, among others, it was stated the "Judicial notice will be taken of the existence of a state of war be­tween this country and any othe......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. ......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)

....nstitution. Ed. ...... "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." 6. Loughran in "Judicial Review of Federal Executive Action" at page 634 states that the aforesaid declaration......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. ......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

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

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

....ed in: 27 DLR (AD) 16. ......eal. The question of bail to convicted persons in exercise of revisional ju­risdiction under section 435 of the Code need not be considered here. 11. We may state here that the observation of the Judicial Committee of the Privy Council in the case of Lala Jairam Das and others Vs. Emperor report......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)

....as well as the action of the Returning Officer. 6. We also heard the learned Attorney-General on the question raised by Mr. Pal. He argued that President's Order No. 22 of 1973 which is called the Bangladesh Local Government (Union Parishad and Paurashava) Order, 1973 (hereinafter referred to as ......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. ......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)

....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. ......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. ......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. ......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

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

.... Appellate Division (Civil) Present: Kemaluddin Hossain CJ   Fazle Munim J Badrul Haider Chowdhury J  Shahabuddin Ahmed J Bangladesh Bank .................................Appellant Vs. Debendra Nath Dutta &......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. ......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. ......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

Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)

.... 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 Magistrate, First Class Sylhet and se......hich was also under enquiry by the police. Complaint petition is not a statement of the complainant. The expression "judicial proceedings" has been defined as follows- “Judicial Proceeding' included any pro­ceeding in the course of which evidence is or may be leg......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. ......eaur Rashid Chowdhury…………………Respondent  Judgment  September 3, 1980. Cases Referred to- Kimber vs. The Press Association Limited 1 QB.(l&93) 1 Q.B. 65; Voni Madho Prosad Singh vs. M. WajidAli A.t.R. 1937..

Category: Criminal Law | Date: | Hits: 77