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Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......ent Ruhul Islam J.- This appeal by special leave arise out of the Judgment dated 5th April, 1976 of the High Court Davison in First Miscellaneous Appeal No.96 of 1974. Facts in short relevant for disposal of the appeal are like this. Respondent nos. 1 and 2 filed an application under section......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......epai (1961) 13 DLR 323; Syed Abdul Karim Vs. Harendra Chandra Dhupi (1962) 14 DLR 847; 17 DLR 618; 19 DLR 659; 21 DLR 647; 22 DLR 64; 26 DLR 93; 21 DLR (AD) 5; 38 CWN 288; 38 CWN 654; 43 CWN 200. Lawyers Involved: M. H. Khondker, Senior Advocate with Shafiqur Rahman, Advocate, Instructed by ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......he learned Judges were justified in quashing the proceedings in exercise of the inherent power under section 561A of the Code of Criminal Procedure at the stage when only charge sheet was submitted before the Sub-Divisional Magistrate, who is not competent to try this case under section 156(8) and 1......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......17 DLR (SC) 153; Fazle Karim Vs. The State, PLD 1957 (WP) Lahore 857; Ghulam Qadir Khan Vs. The State, PLD 1963 Lahore 32; AIR 1938 Mad, 129; Raja Hoq Newaz Vs. Mohd. Afzal (1967) 19 DLR (SC) 369. Lawyers Involved: K.A., Bakr, Attorney-General with Abdul Wadud Bhuiyan, Assistant Attorney-Gene..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......oried buildÂing at Dhanmandi Residential Area worth about 5 lacs though his monthly salary did not exceed Tk. 500-/. He was directed to show cause why the Board would not recommend to the Government for taking action under Article 6 of the Presidential Order No.67 of 1972. On 1-10-74 the petitioner......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......¦..……Petitioner
Vs.
Secretary, MinisÂtry of Cabinet Affairs, EstablisÂhment Division, Government of Bangladesh & others……………Respondents
Judgment
March 9, 1978.
Lawyers Involved:
Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday..
Category: Employment/Service Law | Date: | Hits: 72
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......of the value of Rs. 2,26,000.00 committed any offence under section 167(8) of the Sea Customs Act by importing G.I. pipes G.P. sheets only of the total value of Rs. 2,19,000/-. 2. Facts necessary for disposal of this appeal may be stated thus: the respondent who has been carrying on business und......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......Hossain CJ Fazl Munim J Ruhul Islam J Controller of the Customs and ors…………..Appellants Vs. Shamsur Rahman……………Respondent Judgment February 22, 1978. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General, instructed by A.W. Mullick, Advo..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......halÂlenged his detention by a writ petition under Article 102 of the Constitution. The Deputy Commissioner of Pabna by his order dated 22-4-74, under section 3 of the Special Powers Act detained him for a period of thirty days and thereafter the Government on 24-5-74, passed under clause (a) of sec...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......rown PLD 1954 (FC) 1; Basanta Chandra Ghose Vs. Emperor, AIR 1945 FC 18; Narayan Singh Nathuram Vs. State of Punjab, AIR 1952 (SC) 106; Ram Narayan Singh Vs. The State of Delhi, AIR 1953 (SC) 277. Lawyers Involved: Moudud Ahmed, Advocate, with Mainur Reza Chowdhury, Advocate instructed by S.S..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......uce in writing the terms and conditions of the partnership on which they have been workÂings so far and propose to work in future. Thereafter a supplementary agreement was executed on April 12, 1958 for removing some mistakes in the deed dated March 31, 1958. Abdul Hussain Sulemanjee continued to h......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......tagong...........Appellant Vs. Mst. Safiya Bai..............Respondent Judgment March 31, 1978. Case Referred To- Mohori Bibi's case ILR 30 Calcutta 539 and 7 CWN (PC) 44. Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan, AdÂvocate instructed by S.S. Hoda, Advocate-on..Category: Fiscal/Taxation Law | Date: | Hits: 85
....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......ntioned the same figure as his capital in East Pakistan as the one shown by the Income Tax Officer, Sylhet. Again, on the 19th August, 1958, he submitÂted another statement of assets and liabilities for the year ending 31st March, 1958, in which the position was the same. The amoÂunt shown as rese......f 1967
From the Judgment and Order dated 24-3-65, passed by the Dacca High Court in Writ Petition No.404 of 1964.
Judgment
K Hossain CJ.- The short question as to the true construction of Martial Law ReÂgulation No.48(iii) of 1958 is involved. Facts giving rise to this appeal may be set......man, Inspecting Assistant Commissioner of Income Tax, Chittagong & others.........Appellants
Vs.
Khan Saheb Ata Mohammad Khan...........Respondent
Judgment
February 14, 1978.
Lawyers Involved:
AKM Mozammel Huq Bhuiya, AdvoÂcate, instructed by S.S. Hoda, Advocate-on-reco..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ...... Ali, Advocate-on-Record- For the petitioner Not represented- the Respondent Civil Petition for Leave to Appeal No. 1568 of 2002. (From the judgment and order dated 17.06.2002 passed ......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ..................................................... Petitioner Vs. Md. Nazir Hossain Patwary & others ...................Respondents Judgment May 8, 2004. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the petitioner &..Category: Property Law | Date: | Hits: 35
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......d: Abdul Baset Majumder, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1651 of 2004 (From the judgment and order dated 25.10.2004 passed ......ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......ner, Election Commission Secretariat, Sher-e-Bangla Nagar, Dhaka and others…………………..... Respondents Judgment January2, 2005. Lawyers Involved: Abdul Baset Majumder, Senior Advocate, instructed by Md. Zahirul Islam, Ad..Category: Election Law | Date: | Hits: 116
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ...... 214. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner Not represented- the Respondents Civil Petition for Leave to Appeal No. 1360 of 2002. (From the judgment and order dated 1st June 2002 pass......udge and he also got a time scale; while the petitioner was serving as Additional District and Sessions Judge at Jessore by Notification dated 15.11.84 suddenly he was dismissed from service under Martial Law Order No. 9 of 1982 without calling for any explanation and/or without affording him an......t, Govt. of the People's Republic of Bangladesh, Bangabhaban, Dhaka and others ............Respondents. Judgment May 8, 2004. Case Referred to- 42 DLR (AD) 214. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner ..Category: Administrative Law | Date: | Hits: 92
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......ess of the share of his vendor, Defendant No. 1, and his vendor was a party to the partition suit and that suit was decreed allotting saham to the vendor in pursuance of Rafanama filed in the suit for partition. The petitioner being a party to that suit did not contest the same but prayed for Sa......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......he Rafanama having been raised earlier, the petitioner is not entitled to challenge the same at such belated stage…………………….(5) Lawyers Involved M.G. Bhuiyan, Advocate-on-Record- For the Petitioner. Not represe..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......s taken over by the Government by the notification dated 25.3.1953 and 25.12.1953 and later on by notification dated 15.9.1957 made under the Forest Act, 1927 the land in suit was declared reserved forest. Further case of the appellant No.1 was that the land in suit is being possessed by the Gover...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......Vs. East Bengal Commercial Bank Ltd. and another AIR I960, Calcutta, 309. Ananta Kumar Bepari vs. Jamini Mohan Das and others 4 DLR, 487. Chapala Sundari Devi vs. Wahed Ali and others 11 DLR, 376. Lawyers Involved: Jainal Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-R..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......, 1988, Order XXVI, rule 4 Review is not a matter of rehearing the Appeal as appeal is a matter of right but review is not. No new ground has been found and no new material has been placed before the Court requiring interference. The Petition having not been filed according to rule 4 of O......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......e Court requiring interference. The Petition having not been filed according to rule 4 of Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988, is not maintainable. Lawyers Involved: S. M. Zillul Haque, Senior Advocate, instructed by Sufia Khatun, Advocate..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......Respondent No.1. Not represented—Respondent Nos. 2-4 Civil Appeal No. 353 of 2002. (From the judgment and order dated 14-8-2002 passed by this Division in Civil Petition for leave to Appeal No. 1290 of 2000). Judgment: ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......iah (Md)...............Appellant vs Sonali Bank and others.......Respondents Judgment June 15th, 2004. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Firoz Shall, Advocate-on-Rec..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......hbubur Rahman, Advocate-on-Record-For the Petitioner. MA Rouf, Deputy Attorney-General, instructed by Md Zahirul Islam, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 83 of 2005. (From the judgment and order dated 12th January, 2005 pa......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......p;………………..Respondent Judgment May 11, 2005. Case Referred To- Abdul Kader Chowdhury and others vs State 28 DLR (AD) 38. Lawyers Involved: Rafiqur Rahman, Senior Advocate,(AKM Zahirul Hoque, Advocate with him) ins..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......inistry of Establishment, is from the judgment and order dated 25th June 2003 passed by the High Court Division in Writ Petition No. 4134 of 2002 making the Rule absolute. 2. The short facts for disposal of the appeal are that, the respondent as Writ petitioner, AKM Enayetullah, filed the......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......nted by the Secretary, Ministry of Establishment............... Appellant vs AKM Enayetullah.............................Respondent Judgment December 6, 2004. Lawyers Involved: AJ Mohammad Ali, Additional Attorney-General, instructed by Firoz Shah, A..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......r inadvertently typed Title Suit No. 417 of 1978) dismissing the same. The suit was filed seeking declaration that the Heba-bil-ewaz deed bearing No. 394 of 1989 executed on 5-2-1989 and presented for registration on 7-2-1989 in respect of the property described in the schedule attached to the p......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......75; Rokeya Khatun vs Alijan @ Alijan Bepari and others 34 DLR (AD) 266; Harmes and another vs Hinkson AIR 1946 PC 156 and Paresh Chandra Bhowmick vs Hiralal Nath and others 36 DLR (AD) 156. Lawyers Involved: ASM Khalequzzaman, Advocate-on-Record—For the Appellant. Mahb..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......pon setting aside the judgment and decree dated 29-8-1990 of the Court of District Judge, Gaibandha in Title Appeal No. 45 of 1988 whereby the appellate Court sent the suit back to the trial Court for disposal of the same in the light of the discussion and direction made in the judgment. The rev...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......430; Sunil Krishna Banik and others vs Kailash Chandra Saha and others 1984 BLD (AD) 320 = 36 DLR (AD) 220; Mohammad Ali Akhand vs Bahatan Nessa and others 1998 BLD (AD) 50 = 3 BLC (AD) 177. Lawyers Involved: Md Fazlul Karim, Senior Advocate, instructed by Md Nawab Ali, Advocate-on-..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......vocate-on-Record— For Respondent No.1. Abdus Sobhan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record —For Respondent No. 2. Criminal Petition for Leave to Appeal No. 100 of 2006. (From the judgment and order dated 21-11-2005 passed by......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ........Petitioner vs State and another... .........Respondents Judgment March 21st, 2006 Lawyers Involved: Kamal Hossain, Senior Advocate, (Mahbubey Alam, Senior Advocate with him)..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....d as contemplated under Article 150 is a limited period frozen in history between 26th March, 1971 and the meeting of the first Parliament. All laws made during that period under the authority of the Proclamation of Independence dated 10th April, 1971, were ratified by the Constitution under the Fou......oners (In Civil Petition No. 789 of 2005). AJ Mohammad Ali, Attorney-General, instructed by Ahsamullah Patwary, Advocate-on- Record —For the Respondents (In all the petitions). Civil Petition for Leave to Appeal Nos. 707, 708 and 789 of 2005. (From the judgment and order dated 20th May 20......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......hamapakan Dorairagan AIR 1951 SC 226; Union Krisan vs Andhra Pradesh AIR 1993 SC 2178; Kudrat-e-Elahi Panir vs Bangladesh 44 DLR (AD) 319 and Deepchand vs State of Uttar Pradesh (AIR 1959 SC 664). Lawyers Involved: M Zahir, Senior Advocate (Sigma Huda, Advocate with him), instructed by Syed Ma..Category: Constitutional Law | Date: | Hits: 221
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