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

....Act. In other words, the complaint filed by the respondent for violation of section 4 of the Act was maintainable. 7. Mr. A.W. Bhuiyan, Additional Attorney General, who appeared on behalf of the State, submitted that the non-fulfilment of the provisions of section 4 is not only an offence under......Court Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Delwar Ali Khan & another……………………....Appellants Vs. Sajedul Haque……………………………………….Respondent Judgment July 9, ......Pada Das, AIR 1940 Cal. 232; Ma Si. Muthuveeran Chettiar Vs Mottayan Chettiar, AIR 1942 Mad 283; Raghubir Singh vs. Emperor, AIR 1931 Oudh 81. Lawyers Involved: K Z Alam, Advocate instructed by Md. Aftab Hossain. Advocate-on-Record—For the Appellants. Syed Sakhawat Ali, Advocate-on-Record......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. ..

Category: Criminal Law | Date: | Hits: 59

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

.... by M/S. Burmah Eastern Limited from M/S. Hajee Mohammad Ali and Sons dealer of the pump and given to M/S. Alam and Co. on the ground that Hajee Mohammad Ali ousted dealer was declared enemy by the State. But so far as Hajee Mohammad Ali is concerned there is no evidence that he was declared to be......) (1986) 41. ...... Rauf and others Vs. Abdul Hamid Khan and others (1965) 17 DLR (SC) 550; Abul Khair Mia Vs. Abdul Latif Sardar (1980) 32 DLR 167. Lawyers Involved: Maksumul Hakim, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. Altaf Hussain, instructed by Syed Sak......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)

....sion (Criminal) Present: FKMA Munim C J Badrul Haider Chowdhury J Shahabuddin Ahmed J Abdus Sattar & others…………………………………... Appellants Vs. The State & anr……………………………………….. Respondents Judgment August 14,......ellate Division (Criminal) Present: FKMA Munim C J Badrul Haider Chowdhury J Shahabuddin Ahmed J Abdus Sattar & others…………………………………... Appellants Vs. The State & anr……………………………………….. Respondents Judgment ...... of such disputes is encouraged, the Court disposes the 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. Lawye......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

Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)

....35. ......�wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ...... Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......�wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ..

Category: Criminal Law | Date: | Hits: 62

Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)

....il Procedure and that of Letters Patent clause 15. The Court observed: "This conflicting opinion was referred to by this court in Asrumati Devi Vs. Rupendra Deb Rajiot, A.I.R 1953 (SC) 198 and the State of U.P. Vs. Maharaj-kumar of Visianagaram, A.T.R. 1963 (SC) 946 where, after setting out the c...... others…………………………… Appellants (In Civil Appeal No. 53 of 1984). Shohagpur Transport Services Ltd. & others..............Appellants (In Civil Appeal No. 54 of 1984). Vs. Md. Abdul Awal & others.......................... Respondents (In both the appeals). J......se 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. ..

Category: Company Law | Date: | Hits: 195

Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)

....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......nt: FKMAMunim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Sk. Abdul Latif and another…………………………..Appellants Vs. Abdul Malek Kazi & ors............................. Respondents Judgment May 2, 198......Reported in: 38 DLR (AD) (1986) 22. ......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ..

Category: Property Law | Date: | Hits: 63

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

....l is allowed. The order 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 ......DLR (AD) (1986) 18. ......Khan, Senior Advocate, (M.A. Wahab Miah, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. Siddique Ahmed Chowdhury, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on- Record—For the Respondent Nos. 1-3. Ex-parte—For the Respond......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

Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)

....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....... Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Mamudul Haque Chowdhury………………………………………………..Appellant Vs. The District Judge, Chittagong & others …………………………….Respondents ......On his part simple denial of the allegation may be sufficient since the burden of proof of the allegation lies upon the petitioner. (Per Shahabuddin Ahmed J.)…………(21) Lawyers Involved: Md. Fazlul Karim, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on- Record—For the......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

Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)

....t Division considered the provision of Order 41, rule 27 C.P.C. correctly. 3. The respondent filed Miscellaneous Case No. 17 of 1978, in the Court of Sub-ordinate Judge, Bogra, under section 96 of State Acquisition and Tenancy Act for pre-empting lands purchased by the appellants vide registered ......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......dence on appeal as additional evidence. The Appeal is allowed. Case Referred to- Venkataramiah vs. Seethamma, AIR 1963 SC 1526. Lawyers Involved: M. Golam Rabbani, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Ex-Parte—For the Respondent. Civil......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ..

Category: Property Law | Date: | Hits: 52

Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)

..... 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. ...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Mst. Esarunnessa Bibi being dead her heirs Amjad Hossain & others……………… Appellants Vs. Md. Amir Hossain………………………………….. Respondents Judgment Septemb......vil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Mst. Esarunnessa Bibi being dead her heirs Amjad Hossain & others……………… Appellants Vs. Md. Amir Hossain………………………………….. Respondents Judgment September 8, 1....... 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)

....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. ......on (Civil) Present: A.M. Sayem CJ M. A. Jabir J Ahsanuddin Chowdhury J Birendra Chandra Saha……………....Appellant. Vs. Sashi Mohan Saha and others…………….....Respondents ......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

Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)

.... is bound to give an enactment the meaning which naturally flows from the words used therein. We respectfully agree with the view expressed on this question by Hamoodur Rahman C. J. in Md. Ismail Vs. State, reported in 21 D.L.R. (SC) 161 in the following words:— "The purpose of constructio......rt Appellate Division (Civil) Present: A. M. Sayem CJ A.B. Mahmud Husain J Ahsanuddin Choudhury J Commissioner of Income tax and another... Appellants (In all the Appeals). Vs. Zeenat Textile Mills Ltd. ...Respondents (In all the appeals) Judgment Feb 26, 1974. ......guous the Court is bound to give an enactment the meaning which naturally flows from the words used therein. We respectfully agree with the view expressed on this question by Hamoodur Rahman C. J. in Md. Ismail Vs. State, reported in 21 D.L.R. (SC) 161 in the following words:— "The purpose......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

Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)

....of Agricultural Income-tax, West Bengal Vs. Tarek Nath Mukherjee, 53 CW.N. 725; Province of Bombay Vs. Khushaldas S. Advani, 86 Calcutta Law Journal, 330=A.I.R. 1950 S.C. 222; Rajvi Amar Singh Vs. State of Rajsthan, A.I.R. 1958; State of Madras and another Vs. K. M. Rajagopalan, A.I.R, 1955 S.C.......Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Md. Sona Mia alias Sona Mian Sawdagar being dead his heirs, Md. Nurul Islam and others…. Appellants. Vs. The Collector of Customs, Chittagong and others... Respondents (In Civil Appeal Nos. 10...... 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)

....mp The said transferor delivered the share Certified at the time of execution of the deed of transfer to the respondent No. 1 by giving a letter of authority m favour of his younger brother to the State Bank of Pakistan. 3. The appellant claimed to have purchased the said 520 shares in re......v respondent No. 1 we find consideration as to whether the burden of proof on the charge of forgery have been duly discharged. 12. It has been held in the case of Abdul Majid and others Vs. Khaiil Ahmed, reported in P.L.D. 1955 F.C. 38 that "the High Court has no jurisdiction to......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)

....counted from the date of their transfer to the General side as clerk Grade-II. The three respondents Shamsul Huda Khan Mozammel Huq Khan and Mr. Nurul Huq Khan who were appointed in the then State Bank of Pakistan on 23-4-54, 3-8-49 and 22-5-55 respectively as coin/note examiners and who ......Division (Civil) Present: A. M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Governor, Bangladesh Bank & others…......Appellant (In all the Appeals). Vs. Shamsul Huda Khan and another……………..Respondents (In C.A. No. 26 of 1974). And ...... Vs. Shamsul Huda Khan and another……………..Respondents (In C.A. No. 26 of 1974). And Mozammel Huq Khan and another…………..Respondents (In C.A. No. 27 of 1974). And Md. Nurul Huq & another……………………....Respondents (In C.A. No. 28 of 1974) Judgment ......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)

....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. ...... Appellate 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 inv......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)

....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. ......(1975) 61. ......ani Mondal……………….....Petitioner Vs. Mainuddin Ahmed and others…......Respondents Judgment April 26, 1974. Result: The petition is dismissed. Lawyers involved: Md. Ansar Ali, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. —For the Petitioner. ......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)

....ns specified therein. The Schedule mentioned, among others, Rules 161, 169 and 182 which were not subjected to any modifications. Rules 161 defined the terms "enemy" as meaning, among others, any State at war with Pakistan and any individual resident in enemy territory. Rule 169 defined, among o......urt Appellate Division (Civil) Present: AB Mahmud Husain J MA Jabir J Ahsanuddin Choudhury J Bangladesh Enemy Property Management Board and ors………….... .Appellants. Vs. Md. Abdul Majid…………..... Respondent Judgment March 27, 1975. Cases Referred......ppellate Division (Civil) Present: AB Mahmud Husain J MA Jabir J Ahsanuddin Choudhury J Bangladesh Enemy Property Management Board and ors………….... .Appellants. Vs. Md. Abdul Majid…………..... Respondent Judgment March 27, 1975. Cases Referred to- ......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)

..... 7. Cooley, in "A Treatise on the Constitutional Limitations" at page 345 mentions that "As a general rule the protection of personal liberty rests with the States, and to the State Courts the party must apply for relief on habeas corpus when his liberty ...... Present: AM Sayem CJ AB Mahmud Husain J Muhammad Abdullah Jabir J Government of Bangladesh represented by Secretary Ministry of Home Affairs.....Appellant. Vs. Ahmed Nazir………….... Respondent Judgment March......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

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

.... (Criminal) Present: Syed A.B. Mahmud Husain J M. A. Jabir J Adam Ali Sardar and others…………….... Appellants. Vs. The State and another…………………………. R......ate Division (Criminal) Present: Syed A.B. Mahmud Husain J M. A. Jabir J Adam Ali Sardar and others…………….... Appellants. Vs. The State and another……………………&he...... 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. ..

Category: Criminal Law | Date: | Hits: 49

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