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M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....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 comÂpany has failed to produce any such. Government order in support of the conÂtention in the said notice. From the aforesaid it may be concluded that...... the parties concerned on 2.10.68. In another notice of the same date i.e. dated 20.1.72, they cited reasons of declaring 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 comÂpany has failed to produce any ..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
...., 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......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)
.............Respondent Judgment April 1, 1985. Result: The appeal is alloÂwed. 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 ......e opportunity of being heard in support of the same. If the appellate court does not dismiss the appeal summarily, then section 422 provides for causing notice to be given to the appellant and to the Government section 423 provides for the powers of the appellate court and Sub-section (b) reads as u..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....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 ...... 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. ..Category: Company Law | Date: | Hits: 195
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....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......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The apÂpeal 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)
....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€......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. ..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....e date. The election of respondent No.3 as Chairman was also declared invalid. 5. On 20th May 1984 the Election ComÂmission 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......¦â€¦..AppelÂlant Vs. The District Judge, Chittagong & others …………………………….Respondents Judgment April 25, 1985. Result: The appeal is allowed. The Local Government (Union Parishad) (AmendÂment) Ordinance, 1983 (LI of 1983), Section 29 Respondent no...Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....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 eviÂdence 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)
.... as noticed, to conÂsider both the points, namely, as to the bonaÂfide 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......ecover arrears of taxes, etc., by distress and sale of move-able property. Section 63 (3) Local GovernÂment Ordinance, 1976 reads as under: "Notwithstanding the provisions of sub-section (2), the Government may empower any local parishad to recover arrears of taxes, rates, tolls, fees and other ..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....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 InÂcome tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....960-61 in time, i.e., by the 21st May, 1964. The respondent then moved the ComÂmissioner 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)
....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. ......; Mahmud Husain, J.—In all these appeals a preliminary question arises for consideration and Mr. Ishtiaq Ahmed, learned Additional Attorney General for the Government contended that failure on the part of the appellants to serve notice on the Governm..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)
....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 ......uq & another……………………....Respondents (In C.A. No. 28 of 1974) Judgment May 2, 1975. Cases Referred to- Md. Aboo Abdullah Vs. The Province of East Pakistan, 12 DLR (SC) 211; Government of West PakÂistan Vs. Fida Muhammad Khan, 12 D.L.R. (S.C.) page 50; the High Court, Calc..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....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......iately. Plot 'A' marked in the sketch consists of plots Nos. 732, 733, 734, 694 and 737 only. As per order of the Chairman, the above plots be dereÂquisitioned....please communicate deciÂsions to Government for approval and endorÂsement. Derequisition notice be issued after obtaining Governmen..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....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...... is dismissed. Lawyers involved: Md. Ansar Ali, 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..Category: Constitutional Law | Date: | Hits: 148
Bangladesh Enemy Property ManageÂment Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....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......whether having regard to the provisions of the President's Order No. 29 of 1972 and the fact that the ownership, dominion and control of the properties and assest of the firm came to be vested in the Government of BangÂladesh thereunder, the said Government was a necessary party in the application ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
.... 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...... 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)
....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)
....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
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