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Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)

....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......=12 DLR-SC-156; Gul Hassan and another Vs. The State, PLD 1969 SC 89;  Md. Bashir V The State, Supreme Court Monthly Report (1970) Vol 111, 351; Md. Rafiq V. The State, PLD (1974) SC 65 Lawyers Involved: Abdul Malek, Senior Advocate instructed by Syed Sakhawat Ali, Advo­cat......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ..

Category: Criminal Law | Date: | Hits: 63

Kalipada Saha Vs. State, 1985, 14 CLC (AD)

....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 135. ......f an act under both the General law as well as under the Special law constitutes an offence, in such a case it would be more appropriate to prosecute the offender and convict him under the Special Law, if the offence falls strictly within the provisions of the Special Act and does not go beyond&......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 135. ..

Category: Criminal Law | Date: | Hits: 59

Planters (Bangla­desh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)

....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 129. ......e of his own fault. The Defendant no. 2 himself being Managing Director of the Defendant Company and at the same time Director of the Plaintiff Bank and the statement by him before Court of Law about liability of the company towards the Plaintiff Bank and admission of such liability burde......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 129. ..

Category: Business or Commercial Law | Date: | Hits: 139

Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)

....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 117. ......rial Court……………..(16 & 17) Cases Referred To- 32 DLR 223 AD; M/s. Hossain Ahmed vs. M/s. H.D. Hossain and Brothers. (1980) 32 DLR 223 AD. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate, instruc­ted by Syed Sakhawat Ali, Advoc......e Respondent No. 1. A.Y.Salehuzzaman, Deputy Attorney General, M.R.Khan, Advocate-on-Record-For the Respondent Nos. 2 and 3. Civil Appeal No. 114 of 1984. (From the Judgment and Order dated 12-11-84 passed by the High Court Division. Dhaka in F.M.A No.173 of 1984.) Judg..

Category: Others | Date: | Hits: 84

Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)

....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ...... in the circumstances of the case, it was too late to order a re-trial of the accused. In the result, the order of conviction and sentence under section 304 of the Penal Code was set aside. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocat......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)

.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......1998) 42; C. Q. M. H Md. Ayub Ali vs. Bangladesh and others 47 DLR (AD) 71; Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh 31 DLR (AD) 266; ICI (Bangladesh) Ltd. Vs. M/S G. K. Brothers 36 DLR 114. Lawyers Involved: AJ Mohammad Ali, Additional-Attorney-General (Firoz Shaha, Assistant-Attorney-...... well as on the emergence of Bangladesh. It is seen from the judgment of the Court of Settlement, Dhaka in case No.160 of 1987 that Abdur Rahman was given certificate of citizenship under President's Order No.149 of 1972 in December 1978. This shows that during war of liberation and that alter emerÂ..

Category: Property Law | Date: | Hits: 40

Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)

....e Constitution and they are performing their functions in con­nection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......urt cannot compel the respondents to attend sessions of Parliament and perform their constitutional duties………………………..(68 and 69) Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Appellants. (In Civil ......il Appeal Nos. 5, 13 of 1995). Not represented—Respondent Nos. 2-5. (In Civil Appeal Nos. 5, 13 of 1995). Civil Appeal Nos. 3, 5 & 13 of 1995. (From the Judgment and Order dated December 11, 1994 passed by the High Court Division in Writ Petition No.1001 of 1994). ..

Category: Constitutional Law | Date: | Hits: 147

M/s. House Build­ing Finance Cor­poration Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)

....rofits and gains can­not properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may deter­mine."  ...... There is no bar on changing over to a new system of accountancy what has not been laid down by the Act, cannot be prescribed by the Court………………(36) Lawyers Involved: Mozammel Hague Bhuiyan, Advocate ins­tructed by M.R. Khan, Advocate-on...... Habibul Islam, Bhuiyan, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-the  Respondent (In all Appeals). Civil Appeal No.140-144 of 1983. (From the Judgment and Order dated 8 July 1980 passed by the High Court Division, Dhaka in Reference Application Nos. 12-1..

Category: Fiscal/Taxation Law | Date: | Hits: 102

State Vs. Abul Kashem, 1985, 14 CLC (AD)

.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in:  37 DLR (AD) 91. ......award sentence of Imprisonment for the period as prescribed by law, for such amount of default in payment under section 31(1) and 33(1) of the Code of Criminal Procedure……..(7) Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advoc...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in:  37 DLR (AD) 91. ..

Category: Criminal Law | Date: | Hits: 39

Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)

....Ali Mondal under section 302 of the Penal Code, and the sentence of transporta­tion for life passed thereunder is confirmed. Ed. This Case is also Reported in:  37 DLR (AD) 87. ......t appellant Wazed Ali and Abbas Ali were involved in the murder of Dud Mallick. In this view of the matter conviction of Wazed and Abbas cannot be sustained and accordingly it is set aside. Lawyers Involved: Serajul Huq, Senior Advocate, instructed by Sharifuddin Chaklader, Advocat......Ali Mondal under section 302 of the Penal Code, and the sentence of transporta­tion for life passed thereunder is confirmed. Ed. This Case is also Reported in:  37 DLR (AD) 87. ..

Category: Criminal Law | Date: | Hits: 52

Bangladesh Vs. Abul Kaiser Chow­dhury and others, 1984, 13 CLC (AD)

.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 85. ......sh AIR 1971 (SC) 742; Messrs. Mackinnor Mackensie and Co. vs. Messrs Abdul Rahman Abdul Gani Merchants and another, 8 DLR 349; S. Ahmed Mian vs. Federation of Pakistan and another 7 DLR 376. Lawyers involved: M. Moazzem Hossain, Deputy Attorney-General, instructed by B. Hossain, Adv......ellip;…………………………..Respondents Judgment November 13, 1984. The Code of Civil Procedure, 1908 (Act V of 1908); Order 23 rule 3 When a respondent in an appeal dies and one of his legal representative is ..

Category: Trust/Waqf Law | Date: | Hits: 193

Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)

.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 71. ......loth & General Mills Company vs. Income-tax Commissioner, AIR 1927 PC 242; Province of West Pakistan vs. Manzoor Quader, PLR 1969 SC 623; Tarapada Ghose vs. Marimnessa Bibi, 19 DLR 711. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate (M. Hafizullah, Advocate with him, instructe......aced reliance is found to be quite appropriate to this case. 23. The question raised there was whether the right of a retired Judge of a High Court to practice law, conferred by President's Order No. 21 of 1962, was taken away by a subsequent law, namely, the Ordinance 11 of 1964 which wa..

Category: Others | Date: | Hits: 86

Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)

...., the appeal is dismissed without any order as to costs. Ed.             This Case is also Reported in:  37 DLR (AD) 67. ......1965) 17 DLR 190, 1979 BSCR 135; Golam Hafez Mia Vs. Khadem Ali Meah (1977) 29 DLR 311 SC; Keramat Ali Vs. Muhammad Yunis, 15 DLR 120 SC; Nurun Nahar vs. Mohd. Fazlur Rahman (1979) BSCR 135. Lawyers Involved: M. Nurullah, Advocate (Hazrat Ali Sikder Advocate with him) instructed by ................Appelants Vs. Pulin Chandra Das and others........................Respondents Judgment July 29, 1984. The Code of Civil Procedure, 1908 (Act V of 1908) Order 6, rule 17 Since the relief prayed for in the amendment petition ap­pears to follo..

Category: Property Law | Date: | Hits: 38

Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)

....echnicality of procedural law. In the result therefore this appeal is dis­missed but there will be no order to costs. Ed. This Case is also Reported in:  37 DLR (AD) 63. ......Chowdhury and others AIR, 1939 Calcutta 582; Rameshwar Prasad and others Vs. Shambahan Lal Jagannath and ano­ther, A.I.R. 1963 SC 1901; Panna Lal Vs. State of Bombay A.I.R. 1963 SC 1516. Lawyers Involved: B.N. Chowdhury, Advocate instructed by Md. Sajjdul Huq, Advocate-on-Record...... Vs. Mst. Kulsum Bibi & ors……………Respondents Judgment   July 17, 1984. The Code of Civil Procedure, 1908 (V of 1908) Order XLI rule 33  The Appellate Division of the Supreme Court may pass any order notw..

Category: Property Law | Date: | Hits: 38

Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)

.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ......;……………………………………………..Respondents Judgment December 11, 2007. Lawyers Involved: Syed Mahbubar Ahmed, Advocate-on-Record-For the Petitioner. Md. Naw...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ..

Category: Criminal Law | Date: | Hits: 45

Akbar Ali and oth­ers Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)

.... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ......;.Petitioners Vs. Mosammat Rabeya Sultana (Koli) and another…………………….Respondents Judgment October 2, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Sufia Khatu...... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ..

Category: Criminal Law | Date: | Hits: 45

Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)

....interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ......p;……………………………………………..Respondent Judgment October 12, 2008. Lawyers Involved: Probir Haider, Advocate (appeared with the leave of the Court) instructed......interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ..

Category: Criminal Law | Date: | Hits: 35

Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)

.... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ...... (on bail) Vs. The State, repre­sented by the Deputy Commissioner, Mymensingh and Others …………Respondents Judgment April 17, 2008. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Not re...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ..

Category: Criminal Law | Date: | Hits: 64

State Vs. Saheb Ali, 2008, 37 CLC (AD)

....Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......……………………………………………….Respondent Judgment May 14, 2008. Lawyers Involved: Monsur Habib, Additional Attorney General instructed by Abu Sams Md. Khal......Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ..

Category: Criminal Law | Date: | Hits: 45

State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)

....risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......ip;….Petitioner Vs. Md. Jalal Miah and another………………………Respondents Judgment August 12, 2008. Lawyers Involved: Abu Bakar Siddiqui, Deputy Attorney General, instructed by Md. Zahirul Is......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ..

Category: Criminal Law | Date: | Hits: 51