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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. ......Judgment August 14, 1985. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898), Section 345 (5) The Penal Code, 1860 (XLV of 1860) Section 379 The case being under Section 379 of the Penal Code is compoundable by the owner of the property stolen u..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. ......g the order of conviction cannot be disposed of only in respect of the period of sentence even 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..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. ......the manner directed by the Code of Civil Procedure, 1908, on the grounds mentioned in section 100 of that Code." 15. The power to rectify the register is depenÂding upon the circumstances of each case and this power was exercised where there has been misrepresentation of the prospectus; where sh..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. ......lot No. 16. It is stated in the plaint that Sen Brothers were the Bharatias; the defendant No.1 at one time forcibly occupied the first floor of the liking whereupon the Sen Brothers started criminal case against him and in conscÂience he vacated the building. Again defendant 1 forcibly occupied th..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. ...... was forwarded to Mr. A.K. M. Delwar Hossain, Magistrate, 1st Class, for examination of witnesses. The learned Magistrate after examining the witÂnesses submitted his report stating that prima facie case was established against the respondents under sections 30/114/34 B.P.C-Whereupon the learned Su..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....amended law, to challenge the earlier decision of the Tribunal setting aside his election ex parte against which there was no provision for appeal at that time. That decision, it is contended, is the root of the trouble. Election held in Ward No. 3, it should be noted, is not an election for the who......rom Writ Petition No. 20 of 1985 decided by a Bench of the High Court Division, Dhaka (Mr. Justice Abdul Matin Khan Chowdhury and Mr. Justice Amin-Ur-Rahman Khan on 4th March 1985. 2. Facts of the case are: On 28th December 1983 the election of the Chairman of Ketharia Union Parishad No 6 (Ka) wi..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. ......arer in the transferred holding. 5. The appellants in order to prove that the original jama had already been separated the pre-emptor also paid rents accordingly with the knowledge of the mutation case, called for Register II from the local Tahshil Office. The local Assistant Tahshilder O.P.W. 2...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. ......istinct tenancies, which are shop rooms situated in the MuniciÂpal holding No. 7 A.B. Guha Road, Mymensingh, which the respondent claimed to have purchased by registered kabala dated 29.7.63. In the case of Nurul Islam, the decree was passed and he had been ejected. Now in the case of Esarunnessa, ..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. ......usudan Saha sold his right to receive the aforesaid rent to the plaintiff for a sum of Rs. 40/- only and thus the plaintiff acquired 16 annas interest in the suit property. According to the further case of the plaintiff the defendant No. 1 Sashi Mohan Saha and his brother late Lai Mohan Saha who..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. ......e Income-tax Officer leaving the additional tax. The commissioner did not give the effect to the respondent’s contention, touching the question of validity of the order, except that he remanded the case to the income-tax Officer directing issuance of a fresh order "showing correct and proper calcu..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. ......not mean that their actions under the previous Government have been accepted by this Government. 2. Mr. M. H. Khondker learned Counsel for the appellants contended that article 6A refers to cases when Government of Pakistan or East Pakistan is parties. There is no provision in respec..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. ......d rectification of the Share Register of respondent 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 (..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: ...... the Coin/Note Examiners and Typists who have already been transferred to the general side as clerks Grade-II should count from the date of their appointment as coin/note examiners and typists as the case may be for the purpose of promotion to the cadre of clerks Grade-I only and not for promotion t..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. ......rection to derequisition certain other lands including plot Nos. 713 and 714 of the said Mouza which were also requisitioned under the said Act in L. A. Case No. 142 of 1961-62. 2. The appellant's case was that in L. A. Case No. 142 of 1961-62 an area of 4.43 acres of lands belonging to Harilal G..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. ...... (2) An appeal to the Appellate Division from a Judgment, decree, order or sentence of the High Court Division shall lie as of right where the High Court Division — (a) certifies that the case involves a subÂstantial question of law as to the interÂpretation of this Constitution; or ..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. ......consideration of several reported decisions, including Sakalaguna Nayudu Vs. Chinna Munuswami Nayakar (55 I.A. 243) and Majeda Khatun Vs. Rabindra Chandra Dey (P.L.D. 1952 Dacca 112). This latter case relied upon Sakalaguna's case (55 I.A. 243), wrongly cited therein as 44 I. A. 243. Sakalaguna'..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. ......continued by the Enemy Property (continuance of enemy provisions) Ordinance of 1969 (Ordinance No. 1 of 1969). The facts which are relevant for the purpose of this appeal are as follows:— 2. The case of the respondent was that he was carrying on the business of manufacturing glass, phiales etc...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. ......bsp; "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." 6. Loughran in &q..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. .......67 passed by the learned Sub-Divisional Magistrate of Madaripur under which he attached certain land under section 146 of the Code of Criminal Procedure and appointed a receiver thereof. The case has a chequered history which is as follows:- 2. The land in dispute was subject matter..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....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. ......dgment of the High Court. 2. Mr. Abdul Hamid appearing on behalf of the petitioner contended that the conviction and sentence passed against the petitioner were without jurisdiction, as the case was investigated by an Assistant Inspector of D.A.B. whereas sub-section (5-A) of section 5 of..Category: Criminal Law | Date: | Hits: 44
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