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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. ......lation of the provisions of the Act. Private complaint of such grievances lies against the appellants under the Printing, Press and Publication (Declaration & Registration) Act,1973. Thus, the order of the High Court Division is upheld. Cases Referred to- Surendra Nath Sarkar vs. Kali P..

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. ......ring the properties of M/S. Hajee Mohammad Ali & Sons to be confiscated to the Government for reasons of state enemy but in fact the petroleum com­pany has failed to produce any such. Government order in support of the con­tention in the said notice. From the aforesaid it may be concluded that..

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. ......, instructed by Zinnur Ahmed, Advocate-on- Record—For Respondent No.1 Md. Aftab Hassain, Advocate-on-Record— For Respondent No. 2. Criminal Appeal No. 38 of 1984. (From the judgment and order dated 4.6.84 passed by the High Court Division, Rangpur Bench, in Criminal Revision Case No. 6..

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. ...............Respondent Judgment April 1, 1985. Result: The appeal is allo­wed. The Code of Criminal Procedure, 1898 (Act V of 1898), sections 421, 422, 423 The appeal challenging the order of conviction cannot be disposed of only in respect of the period of sentence even on consent ..

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. ......cation of the share register under section 38, simultaneously in the same petition before the Company Judge, in not maintainable and cannot be disposed of together ………..(23) Where winding up order had intervened whereby rights of creditors were made paramount, application for rectification ..

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. ......cree dated 26th May, 1982 passed by the High Court Division in Second Appeal No. 293 of 1976). Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against judgment and order passed by the High Court Division in Second Appeal No. 293 of 1976. 2. The appellants as pl..

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. ......onspiracy and abetment of the offence has been described. So, it could not be said that the proceeding against the Respondents will be an abuse of the process of the Court. The Appeal is allowed. The order of quashment is set aside and the trial of Sessions Case no. 407 of 1982 is now to proceed. â€..

Category: Criminal Law | Date: | Hits: 105

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

....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......e date. The election of respondent No.3 as Chairman was also declared invalid. 5. On 20th May 1984 the Election Com­mission directed for holding of fresh election in Ward No.3 in pursuance of the order passed by respondent No. 2 on 9th May 1984. Accordingly on 7th June 1984, election was held in..

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. ......d: M. Golam Rabbani, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Ex-Parte—For the Respondent. Civil Appeal No. 47 of 1985. (From this judgment and order dated 11.6.84 passed by the High Court Division, Rangpur Bench in Civil Revision No. 1244 of 1..

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. ...... as noticed, to con­sider both the points, namely, as to the bona­fide requirement and the adjustment of the taxes paid by the tenant in pursuance of a distress warrant. It was noticed in the leave order that it was a case of first impression. 6. Mr. Khondker Mahbubuddin Ahmed, the learned Coun..

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. ......n, Senior Advocate, with Huq Bhuiyan, Advocate, instructed by S. S. Huda, Advocate-on-Record. —For the Respondents. Civil Appeal No.  90-D of 1968. (From the judgment and order dated 29-6-66 passed by the Dacca High Court in F. A. No. 91 of 1961). Judgment: ..

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. ......960-61 in time, i.e., by the 21st May, 1964. The respondent then moved the Com­missioner of Income-tax (hereinafter referred to as the Commissioner) under section 33A challenging the validity of the order of the Income-tax Officer leaving the additional tax. The commissioner did not give the effect..

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. ......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. ..

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. ..

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: ......ppeals). Moinul Huq, Advocate, with Md. Hafizullah, A. Baset Majumder, Advocates— For the Respondents (In all the appeals). Civil Appeal Nos. 26, 27 and 28 of 1974. (From the judgment and order dated 21st March, 1974 passed by the High Court Division in Petitions No. 150, 166 and 167 of ..

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. ......udgement and Order dated 11-7-1969 passed by the Dacca High Court in petition No. 311 of 1967). Judgment Muhammad Abdullah Jabir J.—This appeal, by special leave, arises out of judgment and order passed by the erstwhile High Court of East Pakistan dismissing an application filed under Arti..

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. ......y-General took us through the Provisional Constitution of Bangladesh Order, 1972 as well as President's Order No. 5 of 3972 and pointed out that neither of them had provided for an appeal against any order or decision either of the High Court of East Pakistan or of the High Court of Bangladesh, alth..

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. ......gment and Order dated 7-6-1973 passed by the High Court Division in petition No. 406 of 1970). Judgment Muhammad Abdullah Jabir, J.— This appeal, by special leave, arises out of judgment and order passed by a Bench of the High Court Division of this Court in an application filed under Artic..

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. ......                  Muhammad Abdullah Jabir J.—This appeal by special leave is by the Government. It arises out of an order of a Vacation Bench of the High Court Division directing the enlargement on bail of one A.K.M..

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. ......te-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 Pakistan, Dacca, dated the 7th July, 1969, in Criminal Revision No. ..

Category: Criminal Law | Date: | Hits: 49