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Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court DiviÂsion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......ry co-operative society vests in the general body of its members. The management of every co-operative society is vetted in a Managing Committee constituted in accordance with this Act, rules and bye laws. The Act, or the Rules, do not expressly provide for appointment' of officers and employees of ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......€¦..(7) Procedure for trial of counter-cases A case and a counter case arising out of the same incident should be tried simultaneously by the same court. Though these is no express provision of law requiring trial of cross-cases by the same court, practice extending over a century and attendin..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, howÂever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ...... disposed of together by the same Judge. 7. Being aggrieved the appellant Bank moved this Court and obtained special leave to appeal to consider that since the Shilpa Bank Order, 1972 is a special law and the Miscellaneous Case started under its provisions was decreed on compromise the purpose of..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......Another notice for the purpose of section 18 (1) has not been provided for, inasmuch as, it is the continuation of the same proceeding and not a different proceeding. The High Court Division erred in law in taking the view that a separate notice is required for imposing additional tax under section ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......thin the meaning of clause (c) of section 195 (1). The provisions of complaint of Court is not applicable to the trial of the appellants. Thus, the cognizance taken by this Special Judge is perfectly lawful. Both the appeals are dismissed. …………(6 & 7) Lawyers Involved: Serajul Hu..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ....... The Code of Criminal Procedure, 1898 (Act V of 1898), section 5(2) The Printing, Press and Publication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under any law other than the Penal Code has to be investigated, inquired into, tried and otherwise dealt with ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court DiviÂsion 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. ...... Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the petrol pump station was done without authorization of law and prior notice to the Appellant firm. This act is complete disregard of the express terms of t..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....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. ......is the complainant and. is the owner of the property in question. She has now filed an affidavit praying for composition of the offence as the parties are inter-relaÂted. As we have noticed that the law encouÂrages the composition of the offence and since this matter is pending by way of special l..Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....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. ......dated 29.8.83 passed by the High Court Division, Dhaka Bench in Criminal Appeal No. 205 of 1980.) Judgment Badrul Haider Chowdhury J.- In this apÂpeal by special leave an important question of law has been raised, namely, when a crimiÂnal appeal is filed against conviction and senÂtence it ..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... 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. ......aforesaid proviso to section 38 (3) is that if and when the Company Judge directs an issue to be tried in connection with an application under section 38 of the Companies Act in which any question of law may be raised, an appeal from the decision of the Company Judge on such an issue shall lie to th..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 apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......erse Possession. Possession is not adverse to the rightful claimant owners if it is not exercised in open assertion of hostile title. Isolated fact of user cannot constitute adverse possession in law. Once a tenancy comes into existence the tenant cannot convert his tenancy into a permanent one ..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....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. ...... litigations with the respondents and apprehending danger and mischief, the complaint’s nephew, deceÂased Md. Harun went to Fatickchari Thana at about 9 A.M. to make a G.D. entry in resÂpect of unlawful activities of the accused persons. On his way back home when Harun reached the south-eastern ..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
.... "Save as provided in sub-section (4), the decision of an Election Tribunal on an election petition shall be final" was substituted by new sub-sections (3) and (4) as quoted above, was added by the amending Ordinance No. XLIV of 1984. 14. From the facts as stated above, it appears that responde......led by respondent No.3 and set aside the order dated 9.5.84 passed by the Election Tribunal, respondent No. 2, and sent back the case on remand to it for fresh disposal of the case in accordance with law. 9. Appellant moved the High Court Division under Article 102 of the Constitution read with C..Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional eviÂdence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......ecause as the Indian Supreme Court observed "that something remaining obscure should be filled up.'' 13. In this view of the matter, there is no hesitation in saying that the Courts below erred in law in rejecting the prayer for additional evidence as prayed by the appellants. The appeal itself i..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. ......ted the tin shed where he has started to make furniture. For showÂroom one of the premises is sufficient. There is no evidence of dimension of the suit premises. At the time of argument, the learned lawyers of both sides ascerÂtained from their clients that the premises occupied by defendant Esaru..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. ......t be procured, when admitted in evidence under section 32 of the Evidence Act, becomes substantive evidence. Similarly evidence given in a judicial proceeding or before a person authorised by law to take it, when admitted in evidence under section 33 of the Evidence Act, becomes substa..Category: Property Law | Date: | Hits: 37
Commissioner of InÂcome tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....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. ......other charge leviable under this Act;" 7. The High Court, accordingly, came to the conclusion that the impugned orders of the Income-tax Officer as well as those of the ComÂmissioner were without lawful authority and of no legal effect. 8. With a view to facilitating a close examinaÂtion of ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....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. ......on by it, serve on such terms and conditions as the new State may choose to impose. This is nothing more (though on a more exalted scale) than an application of the principle that underlies the law of Master and Servant when there is a change of masters." This principle is n..Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....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. ......company (Respondent No.2) from Kamala Kanta Chakraborty who executed an instrument in that behalf embossed on a plain paper affixed with share transfer adhesive stamps and that on the advise of his lawyer as a measure of precaution, he obtained on the same date a deed of transfer from she said K..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....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: ...... 31st October, 1972 but it was deemed to have taken effect on the 16th day of December, 1971. Article 7 of this Order is as follows: — "Subject to the provisions of this Order and any other law- for the time being Hi force, any person being a citizen of Bangladesh who immediately before ..Category: Employment/Service Law | Date: | Hits: 87
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