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Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)

....th unlicensed arm were roaming in Sarikal Bazar. Accordingly on 27.2.73 he along with constables came to the bazar at about 4.30 P.M. and noticed that accused Nur Hossain, was moving suspiciously. He stated that he and his police force encircled him and then in the presence of the witnesses searched......e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405   ..

Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1

DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)

....practising one should not be declared to have been made without any lawful authority and of no legal effect. 2. Dr. Nurul Islam, an eminent physician of the country with distinguished background stated, his petition that he joined the service of the then Govt. of East Bengal in 1952 as Assistan......peti­tioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12   ..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5

Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)

....ar (S), Dacca in G.R. Case No.2060 of 1969/149/70 which is now pending in the 3rd Court of Additional Sessions Judge, Dacca. 2. The appellant was appointed Mutawalli of the Shahajadi Begum Waqf Estate by the Administrator of Waqfs. One Mohammad Akshad alias Bhola Mia claiming himself to be a be......our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ..

Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

....on 26-9-45 was at Rs. 1, 64,424/10/9 pies. The market price at which the plaintiff firm could sell the goods amounts to a sum of Rs. 1,89,089/2/9 In the Schedule appended the plaint the plaintiff has stated the market price of the goods. In addition to market price the plaintiff is entitled to get i......ault, the decree will be executable after serving proper notice on the Government. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 355.   ..

Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3

Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)

....sation surcharge and also validating such surcharges imposed prior to its enactment. 10. In their affidavit before the High Court which was filed before Act III of 1967 was passed the appellants state that since the year 1961-62 procurement of iron and steel under US AID loan had been confined ...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ..

Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....in Quilter Vs. Mapleson (1882) 9 Q E D 672 (C.A). The Court of Appeal was considering the question of applicability of Conveyancing and Law of Property Act, 1881 to pending actions. The learned Judge stated the principle of law in the following manner:- “I am of opinion that the Act of 18......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Gurudas Saha Vs. Deputy Custodian, En­emy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)

....23-5-1966 was issued declaring the properties of the partnership firm enemy properties and direc­ting the delivery of possession of those pro­perties to the Tahshilder of the Government Acquired Estate, Bhairab. The appellant then through his attorney filed Writ Petition No. 205 of 1966 in the ......ationa­lity, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ..

Category: Property Law | Date: 7 May, 1976 | Hits: 55

Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)

....ah Vs. Rangachari, Income Tax Officer, A.I.R. 1969 (S.C.) 701; Criminal Misc. Case No. 84(74 (Shyamal Cas & others Vs. the State and (2) Criminal Revision No. 470/74 Sabje Ali and another Vs. the state and (3) Criminal Revision No. 584/74 (A.K. Rabbani alias Salim Vs. the State; Criminal Revisio......nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561       ..

Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2

Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus¬tody) Vs. The State, represen¬ted by Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Eden Bu¬ildings, Dacca, 1975, 4 CLC (HCD)

....released. It is also suprising to see that the accused is being de­tained for such a long period without taking any steps for submitting a charge sheet. 5. Be this as it may, for the reasons stated above, the detention of the accused Golam Ali, son of late Sadar Ali, beyond the initial peri......i be set at liberty at once. In the result, the rule is made absolute. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 517   ..

Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2

Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)

....he Annual General Meeting for the year 1972 with a prayer for directing the petitioner to hold the said Annual General Meeting within six weeks from the date of drawing up of the order. 2. It is stated in the petition that the company carries on business of plantation and manufacturing of tea a...... his grandchildren and has been acquired in the tea Estate in 1954 out of the Joint assets of his sons and daughters. The petitioner who is a Managing Director of the company has been mismanaging the affairs of the company since last few years. No meeting of the Board of Directors was held in 1973 t..

Category: Corporate Law | Date: 20 May, 1975 | Hits: 2

Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)

....on consideration of the evidence convicted and sentenced the appellant as above. He, however, acquitted the co-accused Amena Khatun. 3. P.W.1 has given out the prosecution case in detail. He has stated that on 18.3.73 he went to village Bandanagar under P. S. Chatmohar to search the house of th......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671         ..

Category: Arms Law | Date: 2 May, 1975 | Hits: 2

Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908

....ect of various items of injuries at a total sum of Tk. 2 lacs. The suit was contested by the Government of East Pakistan as well as by the contractor, Defendant No. 2, by filing separate written statements. 4. Defendant No. 2 stated in his written statement that the suit was not maintainab...... far as this appeal is concerned. A.S. Faizul Islam Choudhury J.-I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 628         ..

Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5

Eastern Hosiery Mills Sramik Bahumukhi Samabaya Samity Ltd Vs. Govt. of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....ed by it no illegality or lack of authority can be said to have attached to its decision. In respect of merits also the petitioners have, therefore, no case to be considered. 13. For the reasons stated above, the Rules in both the petitions are discharged. We, however, make no order as to costs......e interpretation of the Constitution. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 674         ..

Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3

Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)

....t in the territories over which they established their control, all those laws which were in force in Bangladesh on the 25th of March, 1971, but consistent with the sovereign status of the newly born state were continued in force by virtue of a vary brief but significant enactment which was called L......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583   ..

Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3

Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC

....by the plaintiffs and the co-plaintiffs is that the disputed char is partly a reformation in situation of their lands of Osat Taluk and Howla in Char Ilsha which appertained to a permanently settled estate and partly accretions thereto. 3. This claim was contested by the Province of Bengal and ......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534   ..

Category: Property Law | Date: 17 Apr, 1975 | Hits: 2

Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)

.... Chief Justice as interpretation of Article 3 of President's Order No. 1,2 of 1972 is involved, and which is a question of general importance. 2. Facts concerning the Revisional Case briefly stated are that National Bank of Pakistan, as it then was, obtained a money decree against the judgm......the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275     ..

Category: Property Law | Date: 11 Apr, 1975 | Hits: 4

Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)

....fendant Government. There was also a prayer for a permanent injunction restraining the defendants from taking any step in pursuance of the said requisition notice dated 19. 4. 57. 2. It has been stated in the plaint that the plaintiff was the owner of C. S. Plot No. 696 and northern portion of ......idence but on affidavits but the rights are declared by the highest Courts and the parties are given full opportunity to establish their respective cases. These proceedings generally relate to public affairs which are administered by the Government functionaries. It is all the more necessary that un..

Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2

Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)

....charge' sheet' against the accused persons. 6. P.W. 1 is not found supported about the implication of the accused persons by his First Information Report, Ext. 1 in the F.I.R. he did not state that he was told by anybody that the 3 accused persons had dealt dagger blows to his father wh......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ..

Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2

Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co¬operative Bank Ltd, 1975, 4 CLC (HCD)

....has not preferred any appeal against the decree passed against him but has filled the present appeal against the decree of dismissal of his suit. 2. The allegations made in the Title suit may be stated in brief as follows: The plaintiff who used to carry on business in timber and of Other ...... who expressly regretted for what had been done through inadvertence. Thereafter the plaintiff made a deposit of Rs. 200/- with the Bank on 17. 9. 54 and went away to Chittagong to look after his own affairs there. The plaintiff has subsequently come to know that the hypothecated timber which was in..

Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3

Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)

....ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237.   ......ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237.   ..

Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2