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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. ....... Sona Mia alias Sona Mian Sawdagar being dead his heirs, Md. Nurul Islam and others…. Appellants. Vs. The Collector of Customs, Chittagong and others... Respondents (In Civil Appeal Nos. 10-D to 15-D of 1969). Abdul Wahab Talukdar…………&he..

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. ...... Rufiq-ul-Huq, Advocate (T. Islam, Advocate with him) instructed by B. Hossain, Advocate-on- Record—(For the Respon­dent No. 1). Ex-parte—Respondent No. 2. Civil Appeal No.  78 of 1974. (On appeal from the Judgment and Order dated 21-1-74 passed by..

Category: Business or Commercial Law | Date: | Hits: 113

Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)

....from the date of their appointment as coin/note examiners and typists as the case may be for the purpose of promotion to the cadre of clerks Grade-I only and not for promotion to the cadre of officer Class-II and further that their seniority for the purpose of promotion to the cadre of Officer Class...... Appellate Division (Civil) Present: A. M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Governor, Bangladesh Bank & others…......Appellant (In all the Appeals). Vs. Shamsul Huda Khan and another……………..Respon­dents (In C.A. No. 26 of 1..

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. ......nstructed A. M. Khan Chowdhury, Advocate-on- Record—For the Respondents No. 1-3. Shamsul Huq Chowdhury, Advocate, instruc­ted by S. M. Huq, Advocate-on-Record-For the Respondent No. 4. Civil Appeal No. 10 of 1973 (From the judgement and Order dated 11-7-1969 passed by the Dacca High Cour..

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. ......i, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. —For the Petitioner. Syed Ishtiaq Ahmed, Additional Attorney-General—For the Government. Civil Petition for Special Leave to Appeal No. 47 of 1973. (From the judgment and decree dated 8th December, 1972 of the High Court ..

Category: Constitutional Law | Date: | Hits: 148

Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)

....nally. We find no substance in the only conten­tion raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......) ILR 42 Bom. 344. Lawyers involved: Akram Hossain Amin, Advocate—For the Petitioners. Not represented—the Respondents. Civil Petition for Special Leave to Appeal No. 78 of 1974 Judgment          ..

Category: Property Law | Date: | Hits: 47

Bangladesh Enemy Property Manage­ment Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)

....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. ......orney-General, instructed by A.W. Mallik, Advocate-on-Record—For the Appellants. Khondkar Mahbubuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Record —For the Respondent. Civil Appeal No. 8 of 1974. (From the Judgment and Order dated 7-6-1973 passed by the High Court Divisi..

Category: Property Law | Date: | Hits: 125

Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)

....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......ord.—For the Appellant. S.R. Pal, Senior Advocate, with Humayun Kabir Chowdhury S.C. Das, Advocates, instructed by M.R. Khan, Advocate-on-Record—For the Respondent, Criminal Appeal No. 27 of 1974 (From the Judgement and Order dated 12-9-1974 passed by the High Court Di..

Category: Criminal Law | Date: | Hits: 85

Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)

....a chequered history which is as follows:- 2. The land in dispute was subject matter of a proceeding under section 145 of the Code of Criminal Procedure. Mr. Shamsuddin Ahmed, Magistrate, 1st Class, Madaripur, who made an enquiry in the proceeding, failed to come to a finding as to which o......te-on-Record—For the Petitioners. S.S. Hoda, Advocate-on-Record—For Res­pondent No. 1. M. R. Khan, Advocate-on-Record—For Res­pondent No. 2. Criminal Appeal No.10-D of 1971. (On appeal from the judgment and order of the High Court of East Pa..

Category: Criminal Law | Date: | Hits: 49

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

.... lays down that no Officer below the rank of Deputy Superintendent of Police shall investi­gate any offence punishable under section 5 of that Act without an order of a Magistrate of the First Class. The contention relating to the competency of the Police Officer, who inves­tigated the c......olved: 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 of East Pakistan dated 1..

Category: Criminal Law | Date: | Hits: 44

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

....ith three persons, namely, Sadhan Kumar Mali, Surid Chandra Das alias Suresh Chandra Das and Nagar Bashi Mali were committed to the Court of Sessions by Mr. D. H. Chow­dhury, Magistrate, First Class, Chittagong for trial, in connection with the murder of one Farida Begum alias Rani and one D......Record — For the Appellant.   A. T. M. Masud, Deputy Attorney General instructed by A. M. Khan Chowdhury, Advo­cate-on -Record—For the Respondent. Criminal Appeal No. 9-5 of 1971. (On appeal from the judgment and order of the High Court of East Pak..

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. ....... Vs. The State………………………………...Respondents Judgment April 11, 1974. Criminal Appeals Nos. 2 & 3 of 1973. (From the judgment and order dated 23rd April, 1970 passed..

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. ...... Muhammad Abdullah Jabir J Ahsanuddin J Solicitor, Government of Bangladesh…………...Appellant (In all the appeals) Vs. Syed Sanwar Ali……………... Respondents (In Criminal Appeal No. 1 of 1974). Dr. Abdul Malek………………..Respondent (In Criminal Appeal No. 2 of..

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. ......eneral instructed by Abdul Wadud Bhuiya, Assistant Attorney-General – Under Order LV rules of the Supreme Court (Appellate Division) Rules, 1973. Respondent Nos. 1-3—Not represented. Civil Appeal No 4 of 1974. (On appeal from the Judgment and Order of the High Court Division, dated 19..

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. ....... Puma Chandra Mondal 22 DLR. Dac. 280. Lawyers involved: Abdur Rashed, Advocate— For the Appellant. Khan, Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1972.  (On appeal from the judgment and order of the erstwhile High C..

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. ......nior Advocate with Zamiruddin Ahmed and K.Z. Alam, Advocates instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent 1. Ex-parte—For Respondents 2-6. Civil Appeal No. 112 of 1979. (From the Judgment and Decree dated 1st June, 1979 passed by the Hi..

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. ......h;For the Appellants. K.A. Bakr, Attorney General, B. Hossain Advocate-on-Record.—Rule 1, Order XLV, Supreme Court (A.D.) Rules, 1973. Ex parte—Respondent. Civil Appeal No. 31 of 1979. (From the judgment and order dated March 22, 1973 passed by the High ..

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. ...... Exparte-Respondent Nos. 3-21. Judgment: Shahabuddin 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 in..

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. ...... Senior Advo­cate, (Mahbubey Alam, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent No. 1. Ex-parte—Respondent No. 2. Civil Appeal No 98 of 1980. (From the judgment and decree dated 20.8.1976 passed by the High Cour..

Category: Property Law | Date: | Hits: 54

Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)

....e High Court Division acquitting the accused respondent Ameenur Rashid Chowdhury 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 ......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