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Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)

....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. ......973. Lawyers involved: Abdul Hamid, Advocate, instructed by B. Hossain, Advocate-on-Record.—For the Peti­tioner. Not represented—the Respondent. Petition for Special Leave to Appeal No. 30-D 1971. (From the judgment and order of the High Court o......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. ......ip;…….....Appellant. Vs. The State………………………....Respondent Judgment February 28, 1973. Lawyers involved: Abdul Hamid, Advocate, instructed by B. Hossain, Advocate-on-Record.&mdash..

Category: Criminal Law | Date: | Hits: 44

Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)

....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. ...... by Special Leave arise out of an order passed by the High Court of East Pakistan rejecting summarily an application filed by the appellant under section 215 of the Code of Criminal Pro­cedure for quashing the order of commitment of the appellant to the Court of Sessions to stand trial on a ......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. ......al Mazumder Vs. State AIR 1955 Cal. 599; Shamsuddin Sarker Vs. State, 11 DLR (SC) 365; Hariballav 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, Adv..

Category: Criminal Law | Date: | Hits: 60

Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)

....;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. ......udgment of erstwhile High Court of East Pakistan in an appeal and a reference under section 374 of the Code of Criminal Procedure. Criminal Appeal No. 2 of 1973 was filed by an uncle of the person for whose murder the res­pondents were charged at the trial under sections 148, 302/34 and 307/......;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. ...... Nos. 2 & 3 of 1973. (From the judgment and order dated 23rd April, 1970 passed by Dacca High Court in Death Refer­ence Case No. 1 of 1970 and Criminal Appeal No.72 of 1970). Lawyers involved: Promode Chandra Bose, Advocate, instructed by B. C. Panday, Advocate-on-Re..

Category: Criminal Law | Date: | Hits: 39

Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)

....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. ......O. 50''). For a proper appreciation of question involved in these appeals, it is necessary to refer, at the outset, to the provisions of Article 10 of P.O. 50 and Article 14 of P.O. 8 which, exfacie, forbid the grant of bail to persons convicted of offences under the two Orders. The provision of ......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. ......ers Vs. Emperor, AIR 1945 (PC) 94; Superintendent and Remembrance of Legal Affairs, Government of Bangladesh Vs. Jobed Ali and others, 26 DLR page 1; Haji Md. Akil Vs. The State, 25 DLR page 126. Lawyers involved: Faqeer Shahabuddin Ahmed, Attorney General (Mahniudul Islam, Assistant Attorney..

Category: Criminal Law | Date: | Hits: 104

Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)

....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. ......h of the High Court Division dismissing an application under article 102 of the Constitution. 2. Respondent No.14, Mr. Md. Abdullah and one Dr. Shafiqur Rahman, were the only contesting candidates for Chairmanship of North Halishahar Union Parishad. But before the poll, Dr. Shafiqur Rahman dies o......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. ......uq Chowdhury………...Appellant. Vs. The Returning Officer and Circle Officer, (Dev.) Double Moorings, Chittagong, and others ………….……Respondents Judgment April 17, 1974. Lawyers involved: S. R. Pal, Senior Advocate, instructed by B.C. Panday—For the Respondent No. ..

Category: Election Law | Date: | Hits: 133

Abdur Rashid Vs. The State, 1975, 4 CLC (AD)

....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. ......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 Poush, 13......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. ......   Cases Referred to- Khadim Vs. The Crown, P.L.D. 1954 Lahore 69; Abdul Gani Vs. The State, 19, DLR. Dacca 388; The State Vs. Puma Chandra Mondal 22 DLR. Dac. 280. Lawyers involved: Abdur Rashed, Advocate— For the Appellant. Khan, Advocate-o..

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. ......in Second Appeal No. 486 of 1964 reversing the concurrent finding of the Courts below and decreeing the suit in favour of the heirs of deceased plaintiff Abdul Latif Bhuiyan who instituted the suit for pre-emp­tion under the Mohammedan Law. 2. Facts in short necessary for disposal of ...... 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. ....... Yakub ILR 16 All. 344; Sitaram Bhaurao vs. Jiaul Hasan Khan AIR 1923 P.C. 41; Jadu Lal Sahu vs. Janaki Koer (1900) 35 Cal 575. Naresh Chandra Dutta vs. Girish Chandra Das ILR 62 Cal. 972. Lawyers Involved: S. K. Pal, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record..

Category: Property Law | Date: | Hits: 45

Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)

....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. ...... Matter No. 4 of 1969 on March 22, 1973. 2. The appellant filed an application under section 66/1) of the Banking Compa­nies Ordinance, 1962 (hereinafter referred to as the 'Ordinance') for the public examina­tion of the respondent who was the former Secretary of Patuakhali Bank L......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. .....................Appellant Vs. Debendra Nath Dutta ……………………...........Respondent Judgment. April 9, 1980. Lawyers Involved: Ahmed Husain, Senior Advocate instructed by Aminul Huq, Advocate-on-Record..

Category: Business or Commercial Law | Date: | Hits: 101

Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)

....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. ......in Ahmed J.- This appeal by special leave is from judgment and decree of the High Court Division dated April 5, 1976 in Second Appeal No. 783 of 1962 dismissing the plaintiff appellant’s suit for title, possession and injunction, on reversing the judgment and decree of the lower appellate ......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. ......ip;……………….Appellant Vs. Mohammad Idris and others…………Respondents Judgment April 16, 1981 Lawyers Involved: M.H. Khandkar, Senior Advocated instructed by B.C. panday Advocate-on-Reco..

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. ......;ned a deed of perpetual lease dated Decem­ber 16, 1952 from defendant No. 1 in respect of the entire property including the minor plaintiffs' shares.  But as there was no legal necessity for transfer of the property the plaintiffs, it is contended, are not bound by the deed of lease. P......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. ......ar Bose and another.....................Appellant Vs. Syed Shamsuddin Ahmed and another…………….Respondents Judgment April 22, 1981 Lawyers Involved: S.R. Pal, Senior Advocate, Md. Yasin, Ad­vocate, with him, instructed ..

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. ......dhury on charges under section 501 of the Bangladesh Penal Code. The said respondent was convicted by a Magistrate, First Class Sylhet and sentenced to six months simple imprisonment. His appeal before the Sessions Judge was also dismissed. Thereafter, he moved the High Court Division and the ru......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. ......vs. L.O. Reilfy. 17 C.W.N.; Sanjibi Raddy vs. Konary Raddy, 1926 I.L.R. 49 Mad. 315; Ahmedbhai vs. Framji (1903) I.L.R. 28 Bom 228; Golapjan vs. Bholanath Khattry (1911) I.L.R. 38 Cal. 888. Lawyers Involved: Md. Nurul Huq, Advocate-on-Record—For the Appellant.  ..

Category: Criminal Law | Date: | Hits: 77

Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)

..... 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. ......ile Sakina Bai possessed the 'B' schedule land 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-....... 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. ......rs…………………….Appellants Vs. Ahmuda Khatun and others...................Respondents Judgment July 10, 1978. Lawyers Involved: T.H. Khan, Senior Advocate instructed by S.M. Haq, Advocate-on-Record&mdas..

Category: Property Law | Date: | Hits: 47

A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)

....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. ......llant who is an employee and a nominee-shareholder of the Bangladesh Petroleum Corporation. 2. The appellant filed an application un­der sections 79(3) and 76 of the Companies Act, 1913 for condonation of delay in holding the Annual General Meeting of Jamuna Oil Company Limited for t......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. ......ellip;..Appellant. Vs. Registrar of Joint Stock Companies, Dacca…………………. Respondents Judgment November 24, 1980. Lawyers Involved : Amirul Islam, Advocate, instructed by Md, Aftab Hossain, Advocate-on-Reco..

Category: Business or Commercial Law | Date: | Hits: 107

Baitul Aman Coope­rative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)

....ler the appeal is allowed. The appli­cation filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......h Court Division in revision affirming the decision of the Subordinate Judge, Dacca, dis­missing the application filed by the appellants under Order VII, rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the suit is hit by section 133 of the Co-operative S......ler the appeal is allowed. The appli­cation filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......lip;……………………………………………Respondent Judgment March 10, 1981. Lawyers Involved: Hamidul Huq Chowdhury, Siddique Ahmed Chowdhury, Senior Advocates, with A..

Category: Property Law | Date: | Hits: 60

Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)

....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. ......y Act, 1950 could be ignored by the Civil Court in a pre-emption case on the ground of irregularity in passing the order. Respondent No. 1 filed an application under Section 96 of the Act, for pre-emption of the transfer effected by his co-sharer (respondent) No, 2) in favour of the appe......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. ......pellants. (For all the appeals) Vs. Rakhal Chandra Mondal and others..........................Respondents (In C.A. Nos. 143 to 146 of 1978) Judgment June 7, 1979. Lawyers Involved: Khandkar Mahbubuddin Ahmed, Advocate, K.S. Nabi, Advocate (on 6.6.79) inst..

Category: Property Law | Date: | Hits: 49

Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)

....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. ......ul Hakim Miazi being dead his heirs Mobaarak Hossain Miazi and others……… Respondents Judgment July 13, 1978. Result: The Appeal is allowed and the petition for pre-emption is dismissed. The Bengal Tenancy Act (VIII of 1885) Sec. 88A If the subdi......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. ......fizan Bibi & ors vs. Naji Farid Kazi and ors, 18 D.L.R(Dacca) 281; Chandra Kumar Maladas vs. Abdul Motaleb and ors, 19 DLR (SC), 36; Wilkinson Vs Banking Corporation (1948) 1 KB, 721 (724). Lawyers Involved: K.A. Bakr, Attorney General, instructed by A, Baset Majumder, Advocate&mdash..

Category: Property Law | Date: | Hits: 48

Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)

.... 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. ......passed by the High Court Division in the Civil Rule No. 652(s) of 1978. 2. The appellant is a Commercial Bank. The respondent 1 has filed a suit as plaintiff being Title suit No. 42 of 1977 for a declara­tion that the final notice of claim dated 5.1.77 made by the appellant against re...... 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. ......ip;………Appellant Vs. Macneill and Kilburn Ltd. and others……………….Respondents Judgment Aug. 8, 1981. Lawyers Involved: Rafiqul Huq, Senior Advocate, with T. Islam, Advocate instructed by B. Bo..

Category: Banking Law | Date: | Hits: 130

Hasan Imam Chowdhury Vs. Govt. of Bangla­desh and others, 1981, 10 CLC (AD)

....ion is pregnant with any new issue which requires adjudica­tion in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ...... Leave was granted to consider whether the direction set out above is beyond the writ jurisdiction of the High Court Division. 3.  Mr. Ahmad Sobhan, the learned Counsel appearing for the appellant canvassed that the High Court Division made the rule absolute by holding that th......ion is pregnant with any new issue which requires adjudica­tion in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ...... Hasan Imam Chowdhury........................... Appellant Vs. Govt. of Bangla­desh and others................. Respondents Judgment March 23, 1981. Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by Aminul Huq, Advocate-on-Recor..

Category: Employment/Service Law | Date: | Hits: 101

Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)

....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of   the decision of the majority the appeal is allowed with costs. Ed. ...... as follows: Other Suit No. 138 of 1966 was instituted by the plaintiff Shamsul Arefin Hazrat Moulana Mohammad Moksusar Rahman as the Sajjadanashin of Mirzakhil Darbarsharif against the defendants for permanent injunction res­training them from obstructing the plaintiff in holding and perfor......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of   the decision of the majority the appeal is allowed with costs. Ed. ......dan Meah Chowdhury ..........................................Respondent Judgment June 4, 1980. Case Referred to- Ramsarup Das vs. Raeswar Das, AIR 1950 Patna 184. Lawyer Involved: Ahmed Sobhan, Senior Advocate instructed by Aminul Huq, Advocate-on-Record...

Category: Civil Law | Date: | Hits: 91

Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)

....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. ......bsp;        Shahabuddin Ahmed J. - The question raised in this appeal by special leave is whether the period of limitation under Article 182 of the Limitation Act for filing an application for execution of a decree runs from the date when the final decree was pa......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. ...... Balmakund Marwary 29, C.W.N. 391; Jatindra Mohan Tagore vs. Bijou Chand Mahatap AIR 32 Cal. 483; Raghubir Sahu vs. Ajodhya Sahu A.I.R 1945 Pat. 482; Ram Rattan vs. Parma Nand 50 C.W.N. 367. Lawyers Involved: A.W. Mian, Advocate-on-Record.—For the Appellants. Shafiqur ..

Category: Procedural Law | Date: | Hits: 106