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Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......1898 (V of 1898), Section 561A The Penal Code (XLV of 1860), Sections 406 & 420. A partner can not be alleged to have misappropriated or cheated when an amount was entrusted to the accused for the partnership business. The Managing Director and Director of the Company not depositing the r......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......bsp; Cases Referred to- Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another 4 BLD (1984) AD 97; Md. Yameen and another Vs. K.A. Bashar and others 6 BLD (1986) AD 305. Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- ..Category: Criminal Law | Date: | Hits: 50
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......haled Ahmed, Advocate, instructed by Md. Abu Siddique, Advocate-on-Record- For Respondent No. 1 Not represented-For Respondent Nos. 2-6 Civil Petition for Leave to Appeal No.993 Of 2004 (From the judgment and order dated 12.05.2004 passed by t......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ...... Vs. Janata Bank and others........ Respondents Judgment 5 January, 2006 Case Referred To- Idris Miah vs. Bangladesh and others 10 BLC (2005) HCD 728. Lawyers Involved: Saiful Reza, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- Fo..Category: Banking Law | Date: | Hits: 121
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
....pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ...... Advocate, (Faheemul Huq, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For respondent No. 4. Not represented- Respondent Nos. 1-3. Civil Petition for Leave to Appeal No. 705 of 2005 (From the judgment and order dated 16.05.2005 passed by ......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ......nistry of local Government, Engineering and Rural Development Bangladesh, Secretariat, Ramna, Dhaka and others………......Respondents. Judgment March 23, 2006. Lawyers Involved: Dr. M. Zahir, Senior Advocate (Moksudul Islam, Advocate with him) instruct..Category: Election Law | Date: | Hits: 120
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......seeking rejection of the plaint of Title Suit No. 135 of 1995. 2. The genesis of the Title Suit No. 135 of 1995 is that the Respondent No.2 filed Artha Rin Adalat Case No. 55 of 1990/82 of 1982 before the Court of Subordinate Judge and Artha Rin Adalat, Rangpur impleading the appellant as the so......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ...... appeal is dismissed. Cases Referred to- Union of India and another vs. Ladulal Jain AIR 1963 SC, 1681. M/s. Anwar and Brothers vs. Bangladesh Shipping Corporation (1995) 15 BLD (HCD) 447. Lawyers Involved: Abdus Samad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-record-..Category: Civil Law | Date: | Hits: 130
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......ent Civil Review Petition No. 32 of 2000. (From the judgement and order dated 12th March 2000 passed by this Division in Civil Petition for leave to appeal No. 645 of 199) Judgment: &n......-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......R. Mudassir Husain J Abu Sayeed Ahammed J Md. Shafique Ahmed........................................ Petitioner Vs Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………...............Respondents ..Category: Others | Date: | Hits: 106
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ...... Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. Not represented- For the Respondents. Civil Petition for Leave to Appeal N0. 671 of 2001. (From the judgment and order dated 22nd October, 2000 p......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ................................................Respondent. Judgment June 22, 2002. Cases Referred To- 18 DLR (H.C) 709, 26 DLR (H.C) 10, 47 DLR (H.C) 163. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. Not..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: .............................. Appellant Vs. Subordinate Judge, 3rd Court, Dacca & others ……………..Respondents Judgment July 28, 1980. Result: The appeal and the petition for special leave are dismissed. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with ......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ...... Vs. Subordinate Judge, 3rd Court, Dacca & others ……………..Respondents Judgment July 28, 1980. Result: The appeal and the petition for special leave are dismissed. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with Jamiruddin Ahmed, Advocate, instruct..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......nbsp; Badrul Haider Chowdhury J: This appeal arises by way of special leave. The respondent filed income-tax returns without any statement of accounts for the assessment years 1963-64, 1964-65 and 1965-66 and also filed an application for renewa......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......i and Co., 1948 I.T.R., 404; Commissioner of Income-tax vs. Md. Asgar Mohammad Yunus & Co. P.L.D, 1968 Karachi 805; Mohabir Glass Manufacturing Co. vs. C.I.T.A.I.R, i960 Patna, 516. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instructed by B. Hossain, Advocate-..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......sp; Kemaluddin Hossain J.- This is an appeal on special leave from the decision of a Single Judge of the Dhaka High Court allowing a revision under Small Cause Courts Act and directing a suit for ejectment to be presented in a proper Court. 2. Facts in brief are that plaintiff-appel...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......y J Kemaluddin Hossain J Fazle Munim J Amar Chandra Saha........Appellant. Vs. Ajit Kumar Das.........Respondents Judgment June 10, 1976. Lawyers Involved: T. Ali, Advocate, Instructed by Abdur Rab-II, Advocate-on-Record—For..Category: Property Law | Date: | Hits: 44
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......p;……………………….Appellant. Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and another……………Respondents Judgment July 29......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......, represented by the Secretary, Ministry of Land Administration and Land Reforms and another……………Respondents Judgment July 29.1980. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (N. H. Khondaker, Advocate with him),..Category: Property Law | Date: | Hits: 93
....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs.
Ed.
......ircumstances of the present case, the Tribunal was justified is not interfering with the action of Income-tax Officer in connection with the income of that branch M/s. Jamal Jute Baling & Co. for the assessment years 1365 and 1366 B.S. while framing the assessment of M/s Jamal Soap Factory......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs.
Ed.
......…………....................Appellant.
Vs.
Commissioner of InÂcome-Tax, Dacca Zone, Dacca..................Respondent
Judgment.
July 10, 1980.
Result:
The appeal is allowed.
Lawyers Involved:
C.R. Ali, Advocate, insÂtructed by Abu Backkar, Advocate-on-Record—For the A..
Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......appeal the question is whether the learned Single Judge of the High Court Division was well founded in law in holding that an amendment of a plaint, when no such application was made either before the trial Court or the learned Judge, was necessary and whether the learned Judge was correct ...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......ril 29. 1980. Cases Referred to- Jalil Ahmed vs. The Province of East Pakistan (1967) 19 DLR 106; Tanvir Ahmed Siddiky Vs. The Province of East Pakistan (1968)20 DLR (SC) 144. Lawyers Involve: Md. Moksudur Rahman, Dy. Attorney-General, instructed by B. Hossain, Advoc..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by speÂcial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......jan Bibi. Defendants 1 and 2 are her grandsons from a predeceased daughter, and the first plaintiff, distant kindred, is the only heir of Sujan Bibi. Sujan Bibi died on 12th May, 1945. A few months before her death, she made three dispositions which are under challenge. On 13-2-1945 she made a gift ......is is a question of fact and hardly arises in this appeal by speÂcial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ...... Siddique Ahmed Chowdhury & others….....………Appellants Vs. Gani Ahmed and others …………………………..Respondents Judgment. July 18, 1979. The Mohammadan Law Onus in case of Transfer by Pardanashin Lady Special rule of onus of proof will apply in..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......o. VII of 1977 Owner in possession in pursuance of a valid agreement and the agreement culminated into a valid deed of transfer executed by the owner and the holding never abandoned by the owner before, forcible eviction of the possessors of such right from the premises is illegal under PO XVI of......€¦â€¦â€¦...Respondents. Judgment December 14, 1979. Result: The petition is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (XVI of 1972) Martial Law Regulation No. VII of 1977 Owner in possession in pursuance of a valid agreement and .........Respondents. Judgment December 14, 1979. Result: The petition is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (XVI of 1972) Martial Law Regulation No. VII of 1977 Owner in possession in pursuance of a valid agreement and the agre..Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original comÂplaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......olice case and since the police did not submit charge-sheet, he is not authorized by law to take cognizance agaÂinst these appellants………………(10) The Magistrate has been given the power for using discretion whether to proceed by way of issuÂing processes or not by the Court………â€......oned in the original comÂplaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......shad vs. Abdur Rahman, 22 Cal. 131 ; Sheonandan Mahton vs. Emperor, 19 Cr.LJ. 263 ; Subal Chandra Nama Das vs. Abdullah Sheikh, 30 CWN 546 ; Jogesh Chandra Sarkar vs Abdul Gani, 18 Cr.LJ. 626. Lawyers Involved: Md. Meser All, Senior Advocate instructed by S.M. Huq, Advocate-on-Record—For..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......nveyance on valuable consideration with delivery of possession to the transferee shall notwithstanding anything contained in the document of transfer shall constitute a complete usufructuary mortgage for a period of maximum of seven years. The P.O. 88/72, 136/72 and 24/73 are protected by the pro......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......isions of the Constitution. The transactions which are not alive before the promulgation of President's Order No. 88 of 1972 they are concluded by the transactions past and closed………..(11) Lawyers Involved: K. A. Bakr Attorney-General, with Abdul Wadud Bhuiyan Assistant Attorney-Genera..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......tate Acquisition and Tenancy Act, 1950 (Act XXVII of 1951) section 96 The Code of Civil Procedure, Order IX, Rule 13 The order of dismissal of an application under Order IX, rule 13 of the CPC for restoration of a proceeding under section 96 of the state Acquisition and Tenancy Act disposed o......side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......of dismissal of an application under Order IX, rule 13 of the CPC for restoration of a proceeding under section 96 of the state Acquisition and Tenancy Act disposed of ex-parte, is not appealable. Lawyers Involved: Nizamuddin Haider, Advocate instructed by Shahabuddin Ahmed, Advocate-on Record..Category: Property Law | Date: | Hits: 55
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceeÂdings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......sions Judge acting as a Revisional Court under the Criminal Procedure Code an suo motu take cognizance under section 27(1) of the Special Powers Act as a Special Tribunal. 2. The facts are that informant Rais Ali lodged a First Information Report on 1-7-74 at the Bianibazar Police Station, Sylhe......e the orders of the High Court and that of the Sessions Judge and direct that the proceeÂdings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ...... case cannot convert himself in respect of the same proceedings to Special Tribunal under the Special Powers Act and cannot pass an order on the petition under section 27 of the Special Powers Act. Lawyers Involved: A. Hasib, Advocate, instructed by B.C. Panday, Advocate-on-Record—For the App..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allÂowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......fic Relief Act, 1877 (Act I of 1877), Sections 42, 54, 56 (d)(f) To obtain an order of injunction the plaintiff aught to assert what is his legal character and what is his right as to the contract for which the tenders were invited and the conditions on which he participated in the bid……….(...... allÂowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ...... not bound to acÂcept the lowest bid…………..(10) Cases Referred to- Ramphal Vs. State of Bihar, AIR 1954 (Pat.) 235; K. N. Guruswami Vs. State of Mysore, PLD 1956 (S.C.—India), 53. Lawyers Involved: Kh. Mahbubuddin Ahmed, Advocate, instrucÂted by Md. Shafiqur Rahman Advocate-o..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
.... 1977 cannot be pleaded as a bar when the taking over or vesting of any property is without jurisdiction or coram non judice or malafide………(11) Withdrawal of Martial Law or revocation of the Proclamation shall not relive any right or privilege not in existence at the time of such withdrawal...... authority decides the abandoned character of a property resulting in the vesting of that property in the Government the question whether the property is abandoned or not is not a justiciable issue before the High Court Division. ………………(6) Emergency proclaimed on December 28, 1974 was...... of Bangladesh & ors………….Respondent. Judgement April 14, 1980. The Bangladesh Abandoned Property (ConÂtrol, Management and Disposal) Order, 1972 (President Order No. 16 of 1972) and Martial Law Regulation VII of 1977 On the passing of P.O. 16 of 1972 i..e from 28.2.1972 all......ladesh & ors………….Respondent. Judgement April 14, 1980. The Bangladesh Abandoned Property (ConÂtrol, Management and Disposal) Order, 1972 (President Order No. 16 of 1972) and Martial Law Regulation VII of 1977 On the passing of P.O. 16 of 1972 i..e from 28.2.1972 all abandon..Category: Constitutional Law | Date: | Hits: 157
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