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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......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)
....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. ......gly 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 ......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: ......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. ......orders in the matter without seeking approval of Government, which was unnecessary. Reference in this connection has been made to the decision in the case of Mst. AH Begum and ors. Vs. Badrul Islam Ali Khan and others reported in A.I.R. 1938 Privy Council 184. As regards the powers of a statutory ..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. ......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. ......……………….....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. Syed Is..Category: Constitutional Law | Date: | Hits: 148
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ...... Present: A. M. Sayem CJ A. B. Mahmud Husain J M.A. Jabir J Ahsanuddin Choudhury J Saokat Ali and others…………...Petitioners. Vs. Shamsun Bibi and others……….....Respondents Judgment J......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ...... ..Category: Property Law | Date: | Hits: 47
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......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. ......desh Enemy Property Management Board and ors………….... .Appellants. Vs. Md. Abdul Majid…………..... Respondent Judgment March 27, 1975. Cases Referred to- M. M. Mansur Ali Vs. Aradendu Shekhar Chatterjee. (1959) 21 DLR (SC) 20; Daulatpur Jute Mills Ltd. Vs. Province o..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. ......lip;.... Respondent Judgment March 19, 1975. Cases Referred to- Sandal Singh Vs. District Magistrate and Superintendent, Dehra Dun A.I.R. 1934 (Allahabad) 148; Mehboob Ali Malik Vs. The Province of West Pakistan (1963) 15 DLR (WP) 129, P.L.D. 1963 (WP); Government of..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. ......e is also Reported in: 27 DLR (AD) (1975) 37. ..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....on (Criminal) Present: Syed A. B. Mahmud Husain J M. A. Jabir J Jamdhar Khan……………….....Appellant. Vs. The State………………………....Respondent J......Appellate Division (Criminal) Present: Syed A. B. Mahmud Husain J M. A. Jabir J Jamdhar Khan……………….....Appellant. Vs. The State………………………....Res......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. ..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
.... Appellate Division (Criminal) Present: A. M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Lutfun Nahar Begum ......Appellant. Vs. The State ……….Respondent Judgment June 7, 1973. Cases Referre...... ......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. ......ballav 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 — For the Appellant. A. T. M. Masud, Deputy Atto..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....tin Munshi...............Appellant. Vs. Idris Pandiat and ors .............Respondents. Idris Pandit and others ………....Appellants. Vs. The State……………………………&hellip...... Court Appellate 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 …......;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. ......;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
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....riminal Appeal No. 17 of 1974). Prof. A. Salam ………………....Respondent (In Criminal Appeal No. 18 of 1974). Judgment April 6, 1974. Cases Referred to- Md. Ismail & ors Vs. State (1969) 21 DLR (SC) 161; Md. Ayub Vs. Md. Yaqub and the State, 19 DLR (SC) 38; Khalid Saigol Vs...... (Criminal) Present: AM Sayem CJ AB Mahmud Hussain J Muhammad Abdullah Jabir J Ahsanuddin J Solicitor, Government of Bangladesh…………...Appellant (In all the appeals) Vs. Syed Sanwar Ali……………... Respondents (In Criminal Appeal No. 1 of 1974). Dr. Abdu......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. ......resent: AM Sayem CJ AB Mahmud Hussain J Muhammad Abdullah Jabir J Ahsanuddin J Solicitor, Government of Bangladesh…………...Appellant (In all the appeals) Vs. Syed Sanwar Ali……………... Respondents (In Criminal Appeal No. 1 of 1974). Dr. Abdul Malek…………..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....te Division (Criminal) Present: A. M. Sayem CJ A. B. Mahmud Husain J Ahsanuddin Choudhury J Abdur Rashid……Appellant Vs. The State ……… Respondent Judgment February 25, 1974. &nb......Court Appellate Division (Criminal) Present: A. M. Sayem CJ A. B. Mahmud Husain J Ahsanuddin Choudhury J Abdur Rashid……Appellant Vs. The State ……… Respondent Judgment February 25, 197......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. ......ed Dao blows on Maleka and then ran away towards east. The remaining two witnesses are P. W. 3 Dr. Salahuddin who held the post-mortem examination on the dead body of Maleka and P.W. 6 Mir Murtaza Ali who investigated the case and submitted charge-sheet against the prisoner. The Doctor found the..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... 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. ......ofa Mia & others……………………………………………………Appellants Vs. Abdul Latif Bhuiyan, being dead, his heirs: Asia Khatun and ors………&...... 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. ......e plaintiff instituted Title Suit No. 124 of 1962 in the second court of Munsif at Brahmanbaria for pre-emption under the Mohammedan Law against the appellants stating, inter alias, that one Jonah Ali Daroga owner for the suit plots in tenure right sold half of the property to the responden..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
.... possession till they transferred the Kol-karsha to them by three registered sale deeds the latest one being executed on November 11, 1949 and that they were possessing the land till the whole-sale State acquisition of all rent-receiving interests on April 14, 1956 whereupon they being tenan...... Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sunil Kumar Biswas …………………….Appellant Vs. Mohammad Idris and others…………Respondents Judgment ......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. ..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....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. ......on (Civil) Present: Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sanjib Kumar Bose and another.....................Appellant Vs. Syed Shamsuddin Ahmed and another…………….Respondents ......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. ......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)
....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. ...... Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Jamshed Bakht……………………….. Appellant Vs. Ameaur Rashid Chowdhury…………………Respondent......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. ......ent 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 All 90; Bishum Porshad Norain Singh vs. Phulman Singh, 19 C. W. N. 935; C.R. Crowd..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....er section 24 of Non-Agricultural Tenancy Act is not maintainable and the same is barred under section 8 (2) of the same Act. The appellants should have filed an application under section 96 of the State Acquisition and Tenancy Act. Moreover, he has, since his purchase, improved the schedule prop...... Fazle Munim J And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. Ahmuda Khatun and others...................Respondents Judgment July 10, ....... 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. ......d and structures. Thus, while the appellants were possessing the said land in Ejmali with Sakina Bai the latter sold the B' schedule land and structures for the sum of Tk. 25, 000/- to one Keramat Ali, predecessor in-interest of the respondents Nos. 1-6 by a sale deed dated October 30, 1972 and ..Category: Property Law | Date: | Hits: 47
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e, Second Court, Dacca and allowing pre-emption to respondent No. 1 on setting aside the order of the Munsif, Manikgang, Dacca, dismissing the pre-emption case under Section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The question involved in these appeals is ......sain CJ Ruhul Islam J K.M. Subhan J Badrul Haider Chowdhury J Mohd. Jabed Ali and others.................................... Appellants. (For all the appeals) Vs. Rakhal Chandra Mondal and others..........................Respondents (In C.A. Nos. 143 ......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. ......eme 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
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