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Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)

.... result, both the appeals are dismissed. 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.......... Appellant (In Criminal Appeal No. 54 of 1985) Vs. The State.......................... Respondent Judgment December 4, 1985. Result: The appeals are dismissed. The Criminal Law Amendment Act, 1958 When an offence within the meaning of sub-section (1) (c) of section 195 ...... result, both the appeals are dismissed. 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...

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 appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ...... Cases Referred to- Surendra Nath Sarkar vs. Kali Pada Das, AIR 1940 Cal. 232; Ma Si. Muthuveeran Chettiar Vs Mottayan Chettiar, AIR 1942 Mad 283; Raghubir Singh vs. Emperor, AIR 1931 Oudh 81. Lawyers Involved: K Z Alam, Advocate instructed by Md. Aftab Hossain. Advocate-on-Record—For th......rd— For the Respondent. A.W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Record. —Amicus curiae. Criminal Appeal No 1 of 1983. (From the Judgment and Order dated 22.7.84 passed by the High Court Division, Dhaka in Criminal Revision No. 91 of 1984.)..

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 Division 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. ......he decree sought for it………(32) Cases Referred to- Abdul Rauf and others Vs. Abdul Hamid Khan and others (1965) 17 DLR (SC) 550; Abul Khair Mia Vs. Abdul Latif Sardar (1980) 32 DLR 167. Lawyers Involved: Maksumul Hakim, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Re......jee Mohammad Ali & Sons…..Appellant Vs. Burma Eastern Ltd. & others…………Respondents Judgment July 22, 1985. 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 stati..

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. ......cused……..(5) Cases Referred to- Bhim Singh and others vs. State of U.P. A.I.R. 1974 (SC) 1744; Md. Joynal and others vs Md. Rustam Ali Mia and others, Bangladesh Case Reports 1984 AD 19. Lawyers Involved: Aminul Huq, Advocate-on-Record-For the Appellants. M. Moazzem Hassain, Deput......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. ..

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. ......Referred to- Ramzan Ali Vs State (1968) 20 DLR (SC) 49; PLD 1967 (SC) 545; AIR 1935 PC 89; R.G. Jadav vs. State of Bombay, AIR 1960 (SC) 748; Dahu Raut's case, 62 Ind, App. (AIR 1935 P.C. 89). Lawyers Involved: Miah Abdul Gafur Advocate-on-Record— For the Appellant. M. Moazzem Hossain......�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. ..

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. ......arlal Agarwala AIR 1965 (SC) 507; Peninsular L.A. Co. 1936 Bom. 24; Union India Sugar Mills Co. ILR 44 All, 151; De-venkumar Mishra AIR 1955(Pat) 486; Ramesh 47 Cal 901; Nenakshi Naidoo 14 IA 160. Lawyers Involved: Rafiq-Ul-Huq, Senior Advocate instructed by Abu Backkar, Advocate-on-Record—F......f the appellant for hearing two issues, namely— (i) Is the application maintainable in its present form? (ii) Is the application bad for mis joinder of causes of action as preliminary issue under Order 14, rule 2 C.P.C. 6. The impugned order was passed and while disposing of the preliminary i..

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 appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......��….(8) Cases Referred to- 19 DLR 912; Runge Lall Mandul vs. Abdul Gaffur and others—4 Calcutta 315; Bastacolla Colliery Co. Ltd. vs. Bandhu Peldar and another AIR 1960 Patna (FB) 344. Lawyer Involved: B. B. Roy Chowdhury, Senior Advocate (Abdur Rashid, Advocate with him) instructe......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ..

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. ......wdhury and other Vs. The State, 28 DLR (AD) 38; Bangladesh vs. Tan Kheng Hock 31 DLR (AD) 69; Abdus Salam Master alias Salam and another vs. The State, 36 DLR (AD) 58; 1950 Cr.L.J. 838 (Punjab). Lawyers Involved: T. H. Khan, Senior Advocate, (M.A. Wahab Miah, Advocate with him), instructed b......r Advocate, instructed by Md. Sajjadul Huq, Advocate-on- Record—For the Respondent Nos. 1-3. Ex-parte—For the Respondent No. 4. Criminal Appeal No. 46 of 1984. From the Judgment and Order dated 22.2.84 and 5.2.84 passed by a Division Bench of the High Court Division, Chittagong Ben..

Category: Criminal Law | Date: | Hits: 105

Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)

....al of the case in accordance with law. 9. Appellant moved the High Court Division under Article 102 of the Constitution read with Constitution (Partial Revival) (Second) Order, 1985, and the Chief Martial Law Administrator's Order No. 1 of 1985. It was contended by him that the order passed by th......g written statement. On his part simple denial of the allegation may be sufficient since the burden of proof of the allegation lies upon the petitioner. (Per Shahabuddin Ahmed J.)…………(21) Lawyers Involved: Md. Fazlul Karim, Senior Advocate instructed by Sharifuddin Chaklader, Advocate...... Advocate instructed by Wahidullah, Advocate-on-Record— For the Respondent No. 3. Not represented—For the Respondent Nos. 1-2 & 4. Civil Appeal No. 34 of 1985. From the Judgment and Order dated 4.3.85 passed by the High Court Division, Dhaka in writ petition No. 20 of 1985. Jud..

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 evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......for making decision in the suit shall have to be taken into evidence on appeal as additional evidence. The Appeal is allowed. Case Referred to- Venkataramiah vs. Seethamma, AIR 1963 SC 1526. Lawyers Involved: M. Golam Rabbani, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record�...... Vs Fayezuddin Shah ..................................................Respondent Judgment August 7, 1985. Result: The appeal is allowed. The Civil Procedure Code, 1908 (V of 1908), Order XLI, r. 27 Additional evidence may be adduced on appeal for pronouncing the judgement or fo..

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. ......ises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the transferee plaintiff cannot claim the rent...... Advocate-on-Record—For the Appellants. B.N. Chowdhury, Advocate, instructed by S. R. Karmakar, Advocate-on-Record—For the Respondent. Civil Appeal No. 89 of 1984 (From the Judgment and Order dated 8.11.83 passed by the High Court Division, Dhaka Bench, in Second Appeal No. 974 of 1967..

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. ...... Cases Referred to: Bharat Singh vs. Bhagirathi AIR 1966 (SC) 405; Firm Malik Das Raj vs. Firm Peary Lal, AIR 1946 (Lah) 65; Balgangadhar Tilok vs. Srinivash pandit, 42 IA, 135. Lawyers involved: S.R. Pal, Senior Advocate, instructed by A, Backkar, Advocate-on-Record.&m......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. ..

Category: Property Law | Date: | Hits: 37

Commissioner of Income 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. ......din Choudhury J Commissioner of Income tax and another... Appellants (In all the Appeals). Vs. Zeenat Textile Mills Ltd. ...Respondents (In all the appeals) Judgment Feb 26, 1974. Lawyers involved: A. Wadud Chowdhury, Advocate, instructed by A. W. Mallik, Advocate-on-Record. �......— For the Appellants. Aminul Huq, Advocate-on-Record—For the Respondent. Rafiq-ul Huq, Advocate—Amicus Curiae. Civil Appeal Nos. 22-D, 23-D and 24-D of 1969. (From the Judgment and Order dated 22nd January, 1969 passed by the Dacca High Court in Petition Nos. 170, 181 and 182 of 1..

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. ......a Surana Vs. Nagraj Surana, 56 C.W.N. 812; The Commissioner of Agricultural Income-tax, West Bengal Vs. Tarek Nath Mukherjee, 53 CW.N. 725; Province of Bombay Vs. Khushaldas S. Advani, 86 Calcutta Law Journal, 330=A.I.R. 1950 S.C. 222; Rajvi Amar Singh Vs. State of Rajsthan, A.I.R. 1958; State o......al Attorney General for the Government contended that failure on the part of the appellants to serve notice on the Government as per the first proviso to article 6A (3) inserted in President's Order No. 5 by article 4 of President's Order No. 91 of 1972 resulted in the abatement of the appea..

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. ......another…………………..Respondent Judgment March 17 & 18, 1975. Lawyers involved: Syed lshtiaq Ahmed. Additional Attorney General, M. Nurullah, Advocate, in......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 the High Court Division in appeal No. 1 of 1973). Judgment: ..

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: ......IR 1962 S.C. page 1704; Government of West Pakistan Vs. Fida Muhammad Khan, 12 D.L.R. (S.C.) page 50; High Court, Calcutta and another Vs. Amal Kumar Roy and others, A.I.R. 1962 S.C. page 1704. Lawyers involved: S. R. Pal, Senior Advocate with Dr. Ahmed Hossain, Advocate, instructed by Amin......o have following contention considered: (1) That the impugned Circular having been issued in exercise of the powers conferred on the Bank by the Staff Regulation, 1956 and under President's Order No. 127 of 1972, its legality cannot be questioned. (2) That the view taken by the le..

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. ...... J Ahsanuddin Choudhury J Badal Rani Misra alias Badal Rani Goswami and others………..Appellants. Vs. Bangladesh and others …………….Respondents Judgment May 2, 1975. Lawyers involved: S. R. Pal, Senior Advocate, with S. C. Das, Advocate, instructed by A. Rab-II, ......rd—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 Court in petition No. 311 of 1967). Judgment ..

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. ......houdhury J Osman Gani Mondal……………….....Petitioner Vs. Mainuddin Ahmed and others…......Respondents Judgment April 26, 1974. Result: The petition is dismissed. Lawyers involved: Md. Ansar Ali, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. �......inst a judgment dismissing his second appeal arising out of the said suit by a learned single Judge of the High Court of Bangladesh which was created by the Provisional Constitution of Bangladesh Order, 1972 and commenced functioning under President's Order No. 5 of 1972 (High Court of Banglades..

Category: Constitutional Law | Date: | Hits: 148

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. ......Judgment March 27, 1975. Cases Referred to- M. M. Mansur Ali Vs. Aradendu Shekhar Chatterjee. (1959) 21 DLR (SC) 20; Daulatpur Jute Mills Ltd. Vs. Province of E. Pak. (1968) 20 DLR 1209. Lawyers involved: Syed Ishtiaq Ahmed, Additional Attorney-General, with B. B, Roy Chowdhury, Assi......te-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 Division in petition No. 406 of 1970). Judgment ..

Category: Property Law | Date: | Hits: 125

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

....eas corpus. The Constitution of 1956 which empowered the High Courts to issue a writ of habeas corpus and certain other writs under Article 170 thereof, was abrogated on the 7th October, 1958 when Martial Law was proclaimed in the country but even under that regime, notwithstanding the abrogatio......F.B.); Special No. 1 of 1964, A.I.R. 1965 (S.C.) at page 745; In re: Prahlad Krishna Kurne, 52 Cr.L.J. 1951 page 305; C.P. Matthen Vs. District Magistrate, Trivandram, AIR. 1939 (P.C.) 213. Lawyers involved: Faqeer Shahabuddin Ahmad, Attorney-General, with A.T.M. Afzal, Deputy Atto......or 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 Division in Petition No. 848 of 1974). J..

Category: Criminal Law | Date: | Hits: 85

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