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Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....uted by or under any law or in the former Government of East Pakistan shall be deemed to have vested in the Government of Bangladesh on and from the 26th day of March, 1971." 4. The learned Judges of the High Court Division held that since the had taken the view that the properties and ass......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. ......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. ......h 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)
....S.R. Pal, Senior Advocate, with Humayun Kabir Chowdhury S.C. Das, Advocates, instructed by M.R. Khan, Advocate-on-Record—For the Respondent, Criminal Appeal No. 27 of 1974 (From the Judgement and Order dated 12-9-1974 passed by the High Court Division in Petition No. 848 of 1974).&......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. ......roclamation 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. ......nstitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
....bsp; Muhammad 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 re......sp; A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......; A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ...... 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)
....sp; Muhammad Abdullah Jabir, J.- The petitioner who was the Chairman of a Union Council from 1960 till 5-9-65 was tried by an Assistant Sessions Judge and Ex-Officio Special Judge of Mymensingh under the Criminal Law Amendment Act on a cha......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. ...... 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. ......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)
....ourt that the appellant was committed to the Court of Sessions merely on the basis of the confessional statements of the two co-accused and not upon any legal evidence, was repelled by the learned Judges with the following observations: “We have perused the order of commitment......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. ......lowed 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. ......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)
....mpetent Magistrate committed the 12 accused persons to the Court of Session, charging them under sections 148 and 302/149 of the Penal Code. At the time of trial before the Additional Sessions Judge the charge under section 148 was retained but that under section 302/149 was dropped and two......on 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. ......4. 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. ......;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)
....n of his appeal is inconsistent with the provision of Article 14 of P. O. 8, it cannot be invoked to grant bail to a person convicted under that P. O. That decision was taken note of by the learned Judges of the High Court Division who, however, took the view that the said decision "requires recon...... 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. ......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. ......ed 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)
....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. ......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. ......isdiction 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. ......as well as the action of the Returning Officer. 6. We also heard the learned Attorney-General on the question raised by Mr. Pal. He argued that President's Order No. 22 of 1973 which is called the Bangladesh Local Government (Union Parishad and Paurashava) Order, 1973 (hereinafter referred to as ..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....; (On appeal from the judgment and order of the erstwhile High Court, Dacca dated 8-7-1970. Passed in Death Reference No. 6 of 1970 and Criminal Appeal No. 237 of 1970). Judgement: Ahsanuddi......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. ......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. ......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)
....ties observed by the plaintiff were premature as they were before the registration of the sale deed. This judgment was affirmed in appeal. In second appeal by the plaintiff the learned Single Judge of the High Court Division decreed the suit on the finding that the suit was not barred by li......e 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. ......f 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. ...... 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
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....p; Fazle Munim J. - This appeal arises from the judgment and order of a Bench of the High Court Division passed in Appeal No. 1 of 1974 on August 5, 1976 reversing those of the Company Judge passed in Matter No. 4 of 1969 on March 22, 1973. 2. The appellant filed an applicatio......w of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh Bank .................................Appellant Vs. Debendra Nath Dutta &..Category: Business or Commercial Law | Date: | Hits: 101
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
..... The trial Court further held that the defendants were in possession for over 12 years and the suit was barred by limitation, both general and special. 5. On appeal the learned Subordinate Judge reversed the trial Court's decision and decreed the suit on findings that the transfer of the......ht of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....August 20, 1976 reversing the judgment and decree of the trial court and thereby dismissing the plaintiff-appellants' partition suit being Title Suit No. 30 of 1958 of the Court of Subordinate Judge, Dacca. 2. The suit land as described in the schedule to the plaint belonged to one Mu......ourt Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......sion must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....under section 501 of the Bangladesh Penal Code. The said respondent was convicted by a Magistrate, First Class Sylhet and sentenced to six months simple imprisonment. His appeal before the Sessions Judge was also dismissed. Thereafter, he moved the High Court Division and the rule in Criminal Rev......adrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......ider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ...... directed against the judgment passed in Criminal Revision No. 579 of 1970 by the High Court Division acquitting the accused respondent Ameenur Rashid Chowdhury on charges under section 501 of the Bangladesh Penal Code. The said respondent was convicted by a Magistrate, First Class Sylhet and se..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....Munim J.- This appeal arises from the judgment of a Bench of the High Court Division passed in First Miscellaneous Appeal No. 15 of 1975 on April 15, 1975, reversing the judgment of the Subordinate Judge, Third Court, Dacca, in Miscellaneous Case No. 247 1973. 2. Appellant Abdur Rouf file....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....service was terminated. 3. This order of termination was challenged by the respondent before the High Court Division in an application under Article 102 of the Constitution. The learned Judges of the High Court Division set aside the impugned order of termination holding that the orde......lant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......ny orders as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
.... company, and this parent company is not responsible for its acts or defaults, in the absence of special provisions in some contract between the parties.” 13. The learned Company Judge observed that company was for all practical purposes one man company and therefore it would ......and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......ivision Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......anies Act, 1913 is required to hold the Annual General Meeting of the Members, or is a special type of 'one-member Company' established under section 8(2) of the Petroleum Act of 1974 and that Bangladesh Petroleum Corporation virtually being the only member it cannot hold any meeting wi..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....; Ruhul Islam J.- This appeal by special leave is directed against the judgment of the High Court Division in revision affirming the decision of the Subordinate Judge, Dacca, dismissing the application filed by the appellants under Order VII, rule 11 of t...... the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......al is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....p; Ruhul Islam J.- These appeals by special leave arise out of the judgment and order dated April 20, 1978 of a Single Judge High Court Division in Civil Revision Nos. 1386-1389 of ]975. The learned Judge discharged th......ealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......th the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
.... Badrul Haider Chowdhury J.- This appeal by special leave arises out of a judgment and order passed by High Court in Civil Revision No. 505/1970 affirming those passed by the Additional District Judge, Comilla in Misc. Appeal No. 148/65 which reversed those passed by the Subordinate Judge, 3rd ...... had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......n acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ..Category: Property Law | Date: | Hits: 48
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