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Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....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 shortly bef......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)
.... After holding preliminary inquiry a competent Magistrate committed the 12 accused persons to the Court of Session, charging them under sections 148 and 302/149 of the Penal Code. At the time of trial before the Additional Sessions Judge the charge under section 148 was retained but th......;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
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
.... such he committed no illegality. Leave was granted with a view to examining the true meaning and scope of Rule 20A of the Rules which provides:— "If a contesting candidate dies at any time before a poll is held, the poll shall be restricted to the remaining candidates." 5. ......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)
....Rahman and two daughters. After the death of his first wife about 10 years ago. Yasin married Maleka Khatun. Yasin proposed to make a gift of 3 Pakhis of Nal land and a hut to his wife Maleka some time before 5th of Poush, 1374 B.S. bat it was disliked by Abdur Rashid. On Thursday, the 5th of Po......arned Judge, however, observed that the prosecution witness were subjected to lengthy cross-examination by the defence Advocate could not prepare himself to properly defend the prisoner due to his appointment at the commencement of the trial. It is true that the witness were cross-examined. It i..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....om the suit plot in 1962, the period of one year provided for institution of a suit for pre-emption is to be counted from the date of dispossession in 1962, and the suit was filed well within time. 3. Leave was granted to examine the following questions raised by the appellant...... 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)
....nt by withholding the relevant loan ledgers and loan documents allowed the loans amounting to Rs. 34,980/79 (thirty four thousand nine hundred eighty and paisa seventy nine only) to become time barred, with an ulterior object of making illegal gains therefore at the cost of the Bank. ......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)
....laint stated that they purchased the suit land on 19.2.49 and took delivery of possession on 14.7.49 and since then they continued to be in possession till 1954 when, for the first time, the defendants threatened to dispossess them on the strength of a Kol-karsha right cre......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)
....Bose was void, for Ram Ratan did not inherit anything in the land from his father. Defendant's contention is that the sale-deed was not acted upon and Sachindra did not possess the land at any time before his death and as such his heirs, the plaintiffs and defendant No. 1, never possessed th......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)
....er-in-Charge quoted the exact words of Azman Ali and he has stated that he never made an allegation but why the Mukhtear had mentioned this allegation was beyond his knowledge. 5. In the meantime on 25-10-65 Dr Jamshed Bakht filed the complaint case under section 500 of the Penal Code. Azm......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)
....acquisition of the superior right in such land under the provisions of this Act shall, where the provisions of the East Bengal Non-Agree-Cultural Tenancy Act, 1949, applied to such land, at the time of such Acquisition, be regulated by the provisions of that Act. (2) The rights....... 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)
....tion of the Company. Article 4 of the Articles of Association of the Company states that the Company is to be a private company and the number of members of the company for the time being would not exceed 50 (fifty). 4. Prior to the transfer and acquisition of the pro......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
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....or the appellant referred to a decision of the Supreme Court of Pakistan in the case of Chandra Kumar Maladas Versus Abdul Motaleb, 19 D.L.R. (S.C.) 36 that the pre-emptor though a co-sharer at the time of transfer ceased lo be a co-sharer in the holding on the separation of the jama. The decisi......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)
....he appellate court below and remanded the case to the trial court for coming to a decision in the light of its observations. The matter went before the Subordinate Judge, 3rd Court and this time by order dated 31-8.65 the learned Subordinate Judge dismissed the Misc. Case holding that ther......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)
....ining respondent 2 from honoring the demand for encashment to the letter of guarantee. The learned Single Judge took the view that whether the suit is maintainable or not will be gone into at time of the hearing of the appeal but it is necessary to grant temporary injunction on the ground &...... 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
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
.... that there will be no abatement if the right to suit survives. Right to suit means the right to bring a suit asserting a right to the same relief which the deceased plaintiff asserted at the time of his death. Respondent Madan Meah is an outsider. The office of Sajjadanashin has passed fro......s that the "Murids" of the deceased Sajjadanashin is to find out a competent person, normally a son or nominee of the late Sajjadanashin, if at any time it was so indicated. This mode of appointment of a Sajjadanashin by the Murids of the late Sajjadanashin has been recognised by the C..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....light of the day. Decree cannot be prepared unless the required stamped-paper is supplied. But there is no law under which the decree-holder is bound to supply the stamped paper within a particular time for drawing up the decree. It, of course, lies in his interest to put in the stamp-paper for ......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 Brothers, 1981, 10 CLC (AD)
.... as contemplated by M.L. R. No. 32 of 1969 and the assessee and his lawyer agreed to the assessment and demand note was issued on 29.11.69. He placed the entire order-sheet before this Court at the time of hearing which was placed before this Court on the previous occasion. In view of the importan......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: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
.... a revision under section 115, Civil Procedure 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 i......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. ..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....) “Physician”, means any holder of medical licence, diploma or degree engaged in the prevention, cure or treatment of diseases of man; (d) "public servant" includes any person who is, for the time being in the service of the Republic or of any corporation; nationalised enterprise or local au......onferred a wide and unrestricted power on the authority and whether the power exercised by the authority under this section had been discriminatory injuring the right of the appellant to the public appointment and whether the provisions of law in section 9(2) of the Act and the action taken under ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....nder a Corporation by, or by an order under clause (1) of Article 10. and all shares and proprietary and other interests, as have not already vetted in the Government by or under any law for the time being in force shall, by virtue of this Article and without any further proceeding or formal......gladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the Titas Gas Transmission and Distribution Company Ltd. (hereinafter called the Enterprise). His order of appointment as the Administrative Manager of the Enterprise which is contained in the letter from ..Category: Employment/Service Law | Date: | Hits: 104
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