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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. ......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. ......d are functioning as such even after the establishment of this sovereign State followed by Proclamation of Independence, and so these appeals could proceed against those officers even without service of notice referred to above. In this connection Mr. Khondker referred to a passage in the c..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. ......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. ......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. ..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: ......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: ...... contentions raised in these appeals the following facts and circumstances may be kept in view. The erstwhile State Bank of Pakistan framed certain Regulations in 1956 to define the conditions of services of the Staff of the Bank (hereinafter referred to as "the Regulations"). On 1st January, 19..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......requisitioned. Thereafter some of the interested persons filed petitions before the requisitioning authority for derequisition of their lands and on 19-8-66, the Additional Deputy Commissioner, Dacca recorded an order, the relevant portion of which is as follows:— "It appears that the then ......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ..Category: Constitutional Law | Date: | Hits: 148
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
.... that hostilities came to an end by the announcement of the cease-fire declaration in the Security Council and later the warring parties were brought to the conference table at Tashkent by the good officers of the Russian Government where once again a declaration was made acknowledging the....... enemies or not and after stating that the said question depended on the answer to the question whether Pakistan was at war with India and whether India is an enemy country, the following views were recorded :— "This, however, is a delicate political question which as a matter of state p......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
.... the aforesaid decisions in regard to the scope and authority of the powers conferred on the High Courts under the aforesaid provision of Article 98 of the Constitution of 1962 should not hold good in relation to the identical provision in Article 102 of the Constitution. 18. We...... 32. It was next contended by the learned Attorney-General that even if the High Court Division can be said to have jurisdiction to grant bail it must, before exercising the jurisdiction, record a finding that prima facie the order of detention was passed without lawful authority or in ......re under Article 98 of the Constitution challenging the legality of the orders passed by the said Municipal Corporation in so far as they were said to have affected the terms and conditions of his services adversely. In the said case the learned Judges were not called upon and, in fact, they did..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ...... support the order of attachment dated 16.11.67 of the disputed land on the ground that the learned Additional District Magistrate, while rejecting the prayer of the appellant to release the land, recorded a finding on 25.3.68 that there was still apprehension of breach of the peace in respect o...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ..Category: Criminal Law | Date: | Hits: 49
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. ......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. ......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. ..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. ......reafter she filed a Petition for Special leave to Appeal before the erstwhile Supreme Court of Pakistan which granted the Leave Prayed for, for consideration of the question whether the evidence on record, even if it is left unrebutted, would justify the order of commitment of the appellant. ......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. ..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. ......Huq and his brother Tajul Islam and the facts and circumstances of the case show that whatever they did in this connection, they did it in prosecution of that common object. There is nothing on record to indicate that the accused-appellants developed any common intention to kill Shamsul......;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. ..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. ......h in sections 426 and 435 of the Code respectively. It was further observed that section 498 is confined to the case of an accused person only and not to a convicted person. Hamoodur Rahman, J. who recorded a separate judgment in this case also observed that Chapter XXXIX of the Code does not deal......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. ..Category: Criminal Law | Date: | Hits: 104
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. ......at that time they saw the prisoner murdering their Phufu while she was tying her goats to a peg. Learned Counsel pointed out that these two witnesses were examined by the Investigating Officer who recorded their statements under section 161 of the Cede of Criminal Procedure P. W. Siraj......ping in the west Bhiti hut. It was likely that the prisoner would have asked his wife to serve him tobacco if at all, instead of asking his step-mother to serve him tobacco. No question as retards service of tobacco by his step-mother was put to the prisoner when examined under section 342 of th..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....h of law. The Mohammedan Law of pre-emption contains well defined principles restricting the individual rights of property and yet is in complete harmony with principles of equity, justice and good conscience. In this field of law Imam Abu Hanifa and his disciples have left a unique and dis...... 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. ...... 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. ..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. ...... of the High Court Division is not the proper judgment, of reversal, inasmuch as the findings of the Company Judge have been reversed on non-consideration of important pieces of the evidence on record the submissions of the learned Counsel Merit consideration." 5. Dr. Ah......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. ..Category: Business or Commercial Law | Date: | Hits: 101
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....corded as such in the R.S. Khaitian and has remained undisturbed even after the sale of the karsha to the plaintiffs. When the suit was filed in 1957 the defendant's possession ripened into a good title, even if it is held, for the sake of argument, that there was no Kol-karsha in their fa...... has, of course, referred to a great number of decisions; but before we consider the principle of law formulated in those decisions we propose to look into the relevant facts of the case as on record in order to see the inconsistent stand taken by the plaintiff at the crucial turn of events ......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. ..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. ......ed for a legal necessity and that whatever title the plaintiffs got it was extinguished by adverse possession since 1943. 4. The learned Subordinate Judge on consideration of the evidence on record decreed the suit by his judgment dated August 15, 1964 in preliminary form subject to 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. ..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....lant in the estimation of the public. The contention of Mr. B. K. Das for the respondent that the publication is a substantially true report of a proceeding of a Court of Justice does not hold good for two reasons. First, there was no proceeding at all at that stage as mentioned above. Ther......of position in Sylhet Town and both are known to each other. It is in evidence that there was no love lost between the two of them and mutual jealousy and rivalries, etc. are evident from the record of the case. In such back-ground the petition of complaint was filed in the Court of the Ma......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. ..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. ...... No. 49/2, Purana Paltan Line, Dacca, was previously held by Sakina Bai on her purchase from Fatema Begum. She possessed the same on amicable partition with Fatema and mutated her name in the records of the Municipality. On receiving the consideration of Tk. 25.000/- from Keramat Ali, ...... the tenancy who did not, therefore, appear before the Revenue Officer when he passed the order for splitting up of the jama, such order cannot be said to have been vitiated by such non-service of notice upon the appellants. Furthermore, even though no such notice has been served upon..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......o Model Electrical Engineering Corporation, another abandoned concern, under the management of the appellant, as Sales Officer. The respondent having not joined his assignment on transfer, his service was terminated. 3. This order of termination was challenged by the respondent b..Category: Employment/Service Law | Date: | Hits: 112
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