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Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)

....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. ......tant Attorney General, instructed by B. Hossein, Advocate-on-Record.—For the Appellant. S.R. Pal, Senior Advocate, 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 th......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..

Category: Criminal Law | Date: | Hits: 85

Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)

....              A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported 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. ...... Abdur Rahman Chowdhury, Advocate, ins­tructed by S. M. Huq, Advocate-on-Record—For the Petitioners. S.S. Hoda, Advocate-on-Record—For Res­pondent No. 1. M. R. Khan, Advocate-on-Record—For Res­pondent No. 2. Criminal Appeal No.10-D of 1971.......eported in: 27 DLR (AD) (1975) 37. ..

Category: Criminal Law | Date: | Hits: 49

Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)

....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......is also Reported in: 27 DLR (AD) (1975) 35. ...... by B. Hossain, Advocate-on-Record.—For 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 196..

Category: Criminal Law | Date: | Hits: 44

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

....antial, to connect the appellant with the murders. There is no direct evidence in this case against her. The learned Deputy Attorney General referred to certain passages in the evidences of P. W. 2 Md. Solaiir an, P. W. 3 Dulia Mia. P. W. 10 Sepoy Yakub Ali and P. W. 20 Serajul Islam Kazmi which,......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. ...... 1955 Cal. 599; Shamsuddin Sarker Vs. State, 11 DLR (SC) 365; Hariballav Saha Vs. Gopiballav Saha, 11 DLR (SC) 394; Mozhanil Huq Vs. Ishaque Sardar, 14 DLR (SC) 251. Lawyers involved: Khan Bahadur Naziruddin Ahmed, Advocate, instructed by Mr. Behtar Ali, Advocate-on-Record — ......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..

Category: Criminal Law | Date: | Hits: 60

Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)

....r for dismissal. 2. True prosecution case in short is as follows: On 1st Baishakh, 1375 B.S., corres­ponding to 14th April, 1968, while deceased Shamsul Huq and his elder brother P.W. 2 Md. Tajul Islam were proceeding at about 7 A.M. towards Kaliatoli Bazar for marketing, they were su......;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. ......sented—the Respondents. Abdur Rob, I, Advocate-on-Record—For the Appellant (In Appeal No. 3 of 1973). Faqeer Shahabuddin Ahmad, Attorney-Gene­ral, instructed by W. R. Khan, Advocate-on- Record—For the Respondent. Judgment:     ......late Division (Criminal) A. M. Sayem CJ Syed A. B. Mahmud Husain J Abdullah Jabir J  Abdul Matin Munshi...............Appellant. Vs. Idris Pandiat and ors .............Respondents. Idris Pandit and others ……….....

Category: Criminal Law | Date: | Hits: 39

Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)

.... Criminal Appeal No. 2 of 1974). Subhas Chan­dra Ghose…… Respondent (In Criminal Appeal No. 3 of 1974). Alam Shaikh & another……. Respondent (In Criminal Appeal No. 4 of 1974). Md. Tara Miah …………………..Res­pondents. (In Criminal Appeal No. 5 of 1974). Khalil M......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. ...... 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). ..

Category: Criminal Law | Date: | Hits: 104

Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)

....in Chowdhury, J.—This appeal by special leave, is against an order of a Bench of the High Court Division dismissing an application under article 102 of the Constitution. 2. Respondent No.14, Mr. Md. Abdullah and one Dr. Shafiqur Rahman, were the only contesting candidates for Chairmanship of No......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. ......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 ..

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. ......ahore 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 the Appellant. Khan, Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1972.  ......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 ..

Category: Criminal Law | Date: | Hits: 66

Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)

....ah 18 C.W.N. 890, Kheyali Prosad vs. Mullick N. Islam 20 C.W.N. 1048; Radhakishan Toshniwal vs. Shidhar Ramchandra. A.I.R. 1960 S.C. 1368; Ram Saran Lai vs. Domini Kuer AIR. 1961 SC 1747 Begum vs. Md. Yakub ILR 16 All. 344; Sitaram Bhaurao vs. Jiaul Hasan Khan AIR 1923 P.C. 41; Jadu Lal Sahu vs...... 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. ......W.N. 1048; Radhakishan Toshniwal vs. Shidhar Ramchandra. A.I.R. 1960 S.C. 1368; Ram Saran Lai vs. Domini Kuer AIR. 1961 SC 1747 Begum vs. Md. Yakub ILR 16 All. 344; Sitaram Bhaurao vs. Jiaul Hasan Khan AIR 1923 P.C. 41; Jadu Lal Sahu vs. Janaki Koer (1900) 35 Cal 575. Naresh Chandra Dutta vs. G......;……………………………………Appellants Vs. Abdul Latif Bhuiyan, being dead, his heirs: Asia Khatun and ors……………..Respondents Judgment Feb. 26.1981.&..

Category: Property Law | Date: | Hits: 45

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. ......llip;…….Appellant Vs. Mohammad Idris and others…………Respondents Judgment April 16, 1981 Lawyers Involved: M.H. Khandkar, Senior Advocated instructed by B.C. panday Advocate-on-Record.-For the Appellant. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Sunil Kumar Biswas …………………….Appellant Vs. Mohammad Idris and others…………Respondents Judgment April 16, 1981 ..

Category: Property Law | Date: | Hits: 45

Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)

.... Court Appellate   Division (Civil) Present: Kemaluddin Hossain CJ   Fazle Munim J  And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants....... 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. ......ip;………….Appellants Vs. Ahmuda Khatun and others...................Respondents Judgment July 10, 1978. Lawyers Involved: T.H. Khan, Senior Advocate instructed by S.M. Haq, Advocate-on-Record—For the Appellants. M......ellate   Division (Civil) Present: Kemaluddin Hossain CJ   Fazle Munim J  And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. ..

Category: Property Law | Date: | Hits: 47

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

.... Judgment March 10, 1981. Lawyers Involved: Hamidul Huq Chowdhury, Siddique Ahmed Chowdhury, Senior Advocates, with A.N.M. Skahidullah, Advocate, with him instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. Rafiqur Rahman, Senior Advo......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. ...... (Civil) Present: F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Baitul Aman Co-ope­rative Housing Society Ltd. and another.....................Appellant Vs. Muhammad Shamsur Rahman and others&hell..

Category: Property Law | Date: | Hits: 60

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

....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. ......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. ......peals) Vs. Rakhal Chandra Mondal and others..........................Respondents (In C.A. Nos. 143 to 146 of 1978) Judgment June 7, 1979. Lawyers Involved: Khandkar Mahbubuddin Ahmed, Advocate, K.S. Nabi, Advocate (on 6.6.79) instructed by.Mr. Khan, Advo...... Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J K.M. Subhan J Badrul Haider Chowdhury J Mohd. Jabed Ali and others.................................... Appellants. (For all the appeals) Vs. ..

Category: Property Law | Date: | Hits: 49

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

.... This Case is also Reported in: 33 DLR (AD) 305. ......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. ......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..

Category: Property Law | Date: | Hits: 48

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

.... Ed. ......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. ......ermanent in­junction restraining  the defendants, the suit was filed by Sajjadanashin of the Darbarsharif and upon his death in the absence of another or the Sajjadanashin, a Khadem of the Khanka Darbarsharif would continue the suit. The learned counsel contended that this being a relig......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.) ..

Category: Civil Law | Date: | Hits: 91

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

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

Category: Procedural Law | Date: | Hits: 106

Commissioner of Taxes & another Vs. M/s. Mullick Bro­thers, 1981, 10 CLC (AD)

....rom want of legal authority. In the result, therefore, this review appli­cation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......rom want of legal authority. In the result, therefore, this review appli­cation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment February 2, 1981. Result: The review appli­cation is allowed and the appeal is dismissed. Lawyers Involved: T. H. Khan, Senior Advocate, with Muzammel Huq Bunyan, Rabia Bhuiyan, Advocates, instructed by B. Hossain ......¦â€¦..Petitioner Vs. M/s. Mullick Bro­thers…………………………………………..Respondent Judgment February 2, 1981. Result: The review appli­cation is allowed and the appeal is dismissed. Lawyers Involved: T. H. Khan, Senior Advocate, with Muzammel Huq..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)

....late Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul  Haider Chowdhury J Shahabuddin Ahmed J Md. Abdul Jalil …………………………&hel......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......re Code was filed in which an application was made for taking an additional ground as to defect of parties in respect of a different person for the first time. It was alleged that one Mozaffar All Khan was a contiguous land holder but was no impleaded in the pre emption procee­ding. It was f......…………………………………………….Appellant Vs. Durjan Ali alias Siddique Hossain and others………………………..Respondent ..

Category: Property Law | Date: | Hits: 43

Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)

....tate of the deceased. Since the petitioners does not claim interest through the testator they got no locus Standi to be added as a party to the probate proceeding……..(8) Lawyers Involved: Md. Abdul Rouf, Advocate, instructed by M. R. Khan, Advocate-on-Record-For the Ap­pellant. B.C.......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......es not claim interest through the testator they got no locus Standi to be added as a party to the probate proceeding……..(8) Lawyers Involved: Md. Abdul Rouf, Advocate, instructed by M. R. Khan, Advocate-on-Record-For the Ap­pellant. B.C. Panday, Advocate-on-Record—For the Responde...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sreemati Charubala Sen Gupta, being read her substituted legatee. Sree Paresh Chandra Deb Gupta………………………………………………………….Appellant Vs. ..

Category: Property Law | Date: | Hits: 80

Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)

....S.C. 280; Bisnunrayan vs. State of Uttar Pradesh AIR 1965 S.C. 1967. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Mahmudul Islam, Jamiruddin Ahmed, K.Z. Alam with him, instructed by Md. Sajjadul Hug, Advocate-on-Record.—For the Appellant K.A.Bakr, Attorney-General and A.K. Bh......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. ......56 S. C. 44; Padfield vs. Minister of Agriculture, Fisheries and Food All. E.R, 1968, 694; Bombay vs. Saubhagachand M. Doshi AIR 1957 S.C. 892; Krepa Ram Gupta vs. R.K, Talwar AIR 1970 All. 296; A.M. Khan Leghery vs. Govt. of Pakistan, PLD 1967 Lah, 227 ; Pakistan vs. Liaquat Ali Khan (1959) 11 D.L.......uhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represen­ted by the Secretary, Ministry of Health and Population Control and others…………………………………………Respondent Judg..

Category: Employment/Service Law | Date: | Hits: 180