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M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court DiviÂsion 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. ......tice before cancellation, non-compliance with the terms of agreement and malafide on the part of the respondent no. 1 and as such the appellant is entitled to the decree sought for it………(32) Cases Referred to- Abdul Rauf and others Vs. Abdul Hamid Khan and others (1965) 17 DLR (SC) 550; ..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. ...... by the owner of the property stolen under section 345(5), Cr.P.C. and as compounding of such disputes is encouraged, the Court disposes the Appeal on compromise and acquits the accused……..(5) Cases Referred to- Bhim Singh and others vs. State of U.P. A.I.R. 1974 (SC) 1744; Md. Joynal and ..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. ......on consent of the parties without considering propriety of the Conviction. The Appeal is allowed and the case is sent back on remand to the High Court Division for rehearing on merit……….(7) Cases Referred to- Ramzan Ali Vs State (1968) 20 DLR (SC) 49; PLD 1967 (SC) 545; AIR 1935 PC 89; ..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. ......inable, two separate petitions with prayer aforesaid independently may be filed before the Company Judge and both the Petition may be heard and disposed of analogously by the same Court……(23) Cases Referred to- Hindusthan Bank Vs. Mehraj 55 1C 820; Mulkraj vs. Q.L.P. Bank AIR 1938 (Lah) 6..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 apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......dlord……(7 & 8) The suit being not barred by Limitation, the Trial Court rightly held that the plea of adverse possession cannot be raised. The Appeal is allowed with cost……….(8) Cases Referred to- 19 DLR 912; Runge Lall Mandul vs. Abdul Gaffur and others—4 Calcutta 315; Ba..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. ......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. ………..(14) Cases Referred to- Abdul Quader ChowÂ..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.......ion on merit. In the result, the appeal is allowed. 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)
....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. ......uring pendency of appeal and such receipt containing substantial cause 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..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. .......S. which was refused by the plaintiff, (iv) Defendant paid Municipal Tax against distress warrant on 27.10.63 =Tk. 311.75 and again on 18.3.64 Tk. 66.00. (v) Defendant deposited rent in H.R. Case No 53 of 1964 on 12.5.64 Tk. 42.25 (vi) Plaintiff brought the suit on 18.9.64, Mr. Ahmed co..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. ......ip;…………....Appellant. Vs. Sashi Mohan Saha and others…………….....Respondents Judgment April 8, 1975. Cases Referred to: Bharat Singh vs. Bhagirathi AIR 1966 (SC) 405; Firm Malik Das Raj vs. Fir..Category: Property Law | Date: | Hits: 37
Commissioner of InÂcome 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. ......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. ...... Abdul Gafur...Appellant. Vs. Collector of Customs and others... Respondents (In Civil Appeal No. I8-D of 1969). Judgment April 4, 1975. Cases Referred to- The Queen Vs. The Justice of the County of London and the London County C..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: ...... Khan and another…………..ResponÂdents (In C.A. No. 27 of 1974). And Md. Nurul Huq & 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; Governme..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. ......akistan of 1962 by the appellants challenging the legaÂlity of an order of requisition of some plots inÂcluding plot Nos. 732, 733, 734, 694 and 737 of Mouza Shahar Khilgaon, P. S. Tejgaon in L. A. Case No. 91 of 1962-63, under the East Bengal (Emergency) Requisition of Property Act, 1948 (hereina..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 sucÂceeds. 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 be abortive. The preliminary objection raised by the learned Additional Attorney-General thus sucÂceeds. 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
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. ......aokat Ali and others…………...Petitioners. Vs. Shamsun Bibi and others……….....Respondents Judgment January 30, 1975. Cases Referred to: Sakalaguna Nayudu Vs. Chinna Munuswami Nayakar, 55 I.A. 243; Majeda Khat..Category: Property Law | Date: | Hits: 47
Bangladesh Enemy Property ManageÂment 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. ...... Ahsanuddin Choudhury J Bangladesh Enemy Property ManageÂment Board and ors………….... .Appellants. Vs. Md. Abdul Majid…………..... Respondent Judgment March 27, 1975. Cases Referred to- M. M. Mansur Ali Vs. Aradendu Shekhar Chatterjee. (1959) 21 DLR (SC) 20; Daula..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. ......esh represented by Secretary Ministry of Home Affairs.....Appellant. Vs. Ahmed Nazir………….... Respondent Judgment March 19, 1975. Cases Referred to- Sandal Singh Vs. District Magistrate and Superintendent, Dehra Dun A.I.R...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. ...... Abdullah Jabir, J.—This appeal by Special Leave arises out of a judgment dated the 7th July, 1969 of a learned Single Judge of the erstwhile High Court of East Pakistan in Criminal Revision Case No. 295 of 1968 refusing to set aside an order dated 16.11.67 passed by the learned Sub-D..Category: Criminal Law | Date: | Hits: 49