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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. ...... facts of the present case. 5. In the case of Rajvi Amar Singh Vs. State of Rajsthan, A.I.R. 1958 Supreme Court 228 interpretation of Articles 311 and 363 of the Constitution of India was involved and therein it was held :— "It is well established ..Category: Business or Commercial Law | Date: | Hits: 81
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: ......onnection he referred to the decision of the Supreme Court of Pakistan in the case of Government of West Pakistan Vs. Fida Muhammad Khan reported in 12 D.L.R. (S.C.) page 50 and the decision of the Indian Supreme Court in the case High Court, Calcutta and another Vs. Amal Kumar Roy and others re..Category: Employment/Service Law | Date: | Hits: 87
Bangladesh Enemy Property Management 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. ......st directors. Upon the death of Suresh Chandra Sen gupta, his wife Kamala Sen gupta inherited his shares and became a director. Both Ram Lal Bhattacharjee and Jibananda Bhattacharjee left Barisal for India on 5-11-69 and 7-11-69 respectively and on 10-11-69 the Superintendent of Excise suddenly lo..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. ......ion, the High Court Division has no jurisdiction to grant Bail in an application filed thereunder. The learned Attorney-General, in inviting our attention to the language of Article 226 (i) of the Indian Constitution, which specifics the kinds of writs that can be issued, contended that the conc..Category: Criminal Law | Date: | Hits: 85
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....ip;….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 Periyaswami Moopan, 1981 1LR 54 Mad. 75; Joy......hellip;…….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 Periyaswami Moopan, 1981 1LR 54 ..Category: Criminal Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....& ors Vs. State (1969) 21 DLR (SC) 161; Md. Ayub Vs. Md. Yaqub and the State, 19 DLR (SC) 38; Khalid Saigol Vs. The State (1962) 14 DLR (SC) 213, PLD 1262 (SC) 495; Lala Jairam Das and others Vs. Emperor, AIR 1945 (PC) 94; Superintendent and Remembrance of Legal Affairs, Government of Bangladesh......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
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... 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. ...... pre-emption; and no right of pre-emption arises until the sale has been completed by registration of the transfer deed as provided under the Registration Act, 1908. The Supreme Court of India has approved this view which will be discussed later. In Budhar Sardar vs. Sonaullah Mridha,..Category: Property Law | Date: | Hits: 45
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......ption is when there is a clear fraud of which the bank has notice.” 10. In the case of Tarapore and Co, Madras vs.Tractorexport, Moscow, AIR 1970 S.C. 891, the Supreme Court of India considered the question and observed that an irrevocable letter of credit has a definite..Category: Banking Law | Date: | Hits: 130
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......ome interesting the property. The High Court Division has further held that as the testator left two sons who are non-residents under the Vested and Non-resident Property Act, 1974, now residing in India, refusal of probate to the appellant will not run counter to the testator's interest for i..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......akistan vs. Liaquat Ali Khan (1959) 11 D.L.R (SC) 73; Zaibtun Textile vs. Central Board of Revenue PLD 1971 Kar. 333; Regional Manager vs. Pawan. K. Dubey AIR 1976 S.C. 1966; Roshaon Lal vs. Union of India AIR 1967 S.C. 1852; Dinesh Ch. Sangma vs. State of Assam AIR 1978 S.C. 17; Jyoti Prosad vs. Un..Category: Employment/Service Law | Date: | Hits: 180
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......g of a Will executed by his father Chiranjib Sen on 2nd November, 1958 who died on 21st January, 1966. In between came the Indo Pakistan War in 1965 and the properties of persons residing in India were declared as enemy property. The plaintiff in 1968 filed an application for Letter of Adm..Category: Property Law | Date: | Hits: 39
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......ent Kemaluddin Hossian CJ.- This appeal is by the heirs of the original plaintiff and the question of law involved is of some public importance in that, whether a power of attorney executed in India and authenticated by a Magistrate in India and not authenticated by any authorised officer o..Category: Others | Date: | Hits: 128
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......t No. 1 Ganesh Chandra Chakraborty residing in the Dacca city appeared in their village and gave out to the villagers that he was a representative from the office of the Deputy High Commissioner of India in Dacca and told them that there was apprehension of fresh riot and so saying induced the p..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ...... be enforced by a writ petition. 2. Respondent Mohammad Arshad Ali caused detection and recovery of 1514 tolas of gold and 3271 tolas of silver in the course of smuggling from Bangladesh to India in Satkhira, Khulna. The respondent handed over the articles to the Sub-Divisional Officer, S..Category: Criminal Law | Date: | Hits: 171
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....etty, AIR 1969 (SC) 477; Indira Gandhi V. Rajnarain AIR 1975 (SC) 2299; Hori Singh V. Military Estate Officer AIR 1972 (SC) 2205; Kanta Katuria V. Manik Chand, AIR 1970 S.C. 694; Piere Dusadh V. King Emperor (F.C.) 1; Dy. Commissioner, Kainrip Vs. Durganath AIR 1961 S.C. 394; Municipal Corp. City ......a court, whether the invalidity resulted from lack of legislative competence or from contravention of a fundamental right. Learned advocates have referred to a great number of decisions mainly from Indian jurisdiction in support of their respective contentions. 13. The first case referred to i..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....llip;………………….... Respondents Judgment November 26, 1981. Cases Referred To- Dr. Hori Ram Singh V. Emperor, AIR 1939 P.C. 43; S. Kuppuswami Rao V. King AIR 1949; F.C.I. Golzar Hasan Shah V. Gholam M......f the Appellate Tribunal to entertain appeal from order of acquittal and substitute an order of conviction for an order of acquittal referred to two decisions of the Federal Court of India, in the cases of Dr. Hori Ram Singh vs. Emperor, AIR 1939 F-C- 43; and S. Kuppuswami Rao vs...Category: Criminal Law | Date: | Hits: 40
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......g of section 3 of the Income Tax Act and the Income Tax Authorities can call upon the Liquidators to make a return in accordance with section 22(1) of the Act. Reliance may be placed on Upper India Chamber of Commerce VS. Commissioner of Income Tax reported in A.I R. 1945 (All) 64—194..Category: Fiscal/Taxation Law | Date: | Hits: 85
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......his is the view expressed by Judicial Committee in the case of Farid-un-Nesa vs. Mukhtar Ahmed 52 I. A. 342. In the course of judgment Lord Sumner made the following observation: The law of India contains well-known principles for the protection of persons who transfer their property to t..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......aced. 3. No money shall be paid out of Court except in pursuance of a decree or order of the Judge." 12. The learned Council mentioned that in the neighbouring country of India in 1971 the Naval and Aircraft Prize Act, enacted by the Indian Parliament provided that by p..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......e Code in exercise of the inherent power of the court to pass any order at its discretion to meet the ends of justice. In support of these contentions he has referred to a number of cases mainly of Indian Jurisdiction, particularly the cases of Wahid Vs Zobedha, AIR 1952, Nag -190; Maharaj ..Category: Civil Law | Date: | Hits: 82
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