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Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....vision is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......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......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...Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......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......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. ..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....ellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ....... 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....... 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. ..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
......Respondents Judgment April 8, 1975. 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 Advo......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: ......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)
....sioner 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. ......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......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....sion (Civil) Present: A.M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Md. Sona Mia alias Sona Mian Sawdagar being dead his heirs, Md. Nurul Islam and others…. Appellants. Vs. The Collector of C......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. ......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)
....dent No. 2 a Company incorporated under the Companies Act on an application filed by Respondent No. 1 under section 33 of the said Act. 2. The case of Respondent No. 1 is that on 18-9-69 he had purchased 520 shares of the Respondent company (Respondent No.2) from Kamala Kanta Chakraborty w......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)
.... 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: ......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 ......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: ..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....eal which is dismissed but without any order as to cost. Ed. ......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......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)
.... 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. —For the Petitioner. Syed Ishtiaq Ahmed, Additional Attorney-Ge......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......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)
....rt Division are set aside. There will be no order as to costs. Ed. ......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......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)
....uary, 1975 effected changes in the said Constitution. Ed. ......dly also grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution." 24. The grant of bail pending hearing of a matter is an interim relief which can be given in aid of and as an ancillary to the main relief which may be ava...... 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......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. ..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
...., dated the 7th July, 1969, in Criminal Revision No. 295 of 1968 Judgment Muhammad Abdullah Jabir, J.—This appeal by Special Leave arises out of a judgment dated the 7th Jul...... 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. ...... 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 East Pakistan dated 13th July, 1971 in Criminal Appeal No. 541 of 1967). Judgment Muhammad Abdullah Jabir, J.- The petitioner who was the Chairman of a Union Council from 1960 till 5......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. ......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 13th July, 1971 in Criminal Appeal No. 541 of 1967). ......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)
.... Vs. The State ……….Respondent Judgment June 7, 1973. Cases Referred to: Bhubani Sahu Vs. King, LR 76 IA 147; Kashmira Singh Vs. State of Madhya Pradesh, 1952 SCR (India) 526; Emperor Vs. Lalit Mohan, (1911) ILR 38 Cal. 559; In re Periya......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. ......asud, 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 Pakistan, Dacca on 27th May, 1970, in the Criminal Revision Case No.......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)
....nt (in Appeal No. 2 of 1973). Not represented—the Respondents. Abdur Rob, I, Advocate-on-Record—For the Appellant (In Appeal No. 3 of 1973). Faqeer Shahabuddin Ahmad, Attorney-General, instructed by W. R. Khan, Advocate-on- Record—For the Respondent. ......;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. ......hellip;…………………...Respondents Judgment April 11, 1974. Criminal Appeals Nos. 2 & 3 of 1973. (From the judgment and order dated 23rd April, 1970 passed by Dacca High Court in Death Reference Case No. 1 of 1970 ......;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)
....ating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......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. ...... Respondent (In Criminal Appeal No. 6 of 1974). Not represented—Respondents (In Criminal Appeal Nos. 3,4,7-14, 16-17 of 1974). Criminal Appeal Nos. 1 to 18 of 1974. (From the judgment and orders dated 5th and 6th December, 1973 of the High Court Division in Criminal Appeal Nos. 552, 17, ......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
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
.... April 17, 1974. Lawyers involved: S. R. Pal, Senior Advocate, instructed by B.C. Panday—For the Respondent No. 4. Faqueer Shahabuddin Ahmed, Attorney General instructed by Abdul Wadud Bhuiya, Assistant Attorney-General – Under Order LV rules of the Supreme Court (Appellate Div......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. ......eal from the Judgment and Order of the High Court Division, dated 19-12-73 passed in petition No. 493 of 1973). Judgment: Ahsanuddin Chowdhury, J.—This appeal by special leave, is against an order of a Bench of the High Court Division dismissing an application under article 102 of the Const......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. ..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
.... Cases Referred to- Khadim Vs. The Crown, P.L.D. 1954 Lahore 69; Abdul Gani Vs. The State, 19, DLR. Dacca 388; The State ......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. ...... 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 Court, Dacca dated 8-7-1970. Passed in Death Reference No.......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. ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....e 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. ......hold that the provisions of the Transfer of Property Act superseded the principles of the Mohammedan Law, that is to say, one should look to the statute to find when a sale is complete in order to give rise to the right of pre-emption and not the sale deed. This view has been followed i...... 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
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