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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. ......shall have effect subject to the modifications specified therein. The Schedule mentioned, among others, Rules 161, 169 and 182 which were not subjected to any modifications. Rules 161 defined the terms "enemy" as meaning, among others, any State at war with Pakistan and any individual resident i...... no order as to costs. Ed. ..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. ...... to the relevant Articles of Halisbury’s Laws of England, section 491 of the Criminal Procedure Code, Article 98 of the Constitution of 1962 of Pakistan which is identical in terms with Article 102 of the Constitution and con-tended that when a person is shown to have been ......retary 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. 1934 (Allahabad) 148; Meh..Category: Criminal Law | Date: | Hits: 85
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....r the purpose of construction or interpretation in the instant case. There is no doubt, and we agree with the views expressed by learned Counsel, that the provisions of the said two Articles are very extraordinary and they are likely to entail unnecessary hardships and injustice in some cases but ......cle 16 of the Collaborators Order." 4. The facts of the case of Jobed Ali were that Jobed Ali and others were tried under P. O. 8 and were acquitted by the trial Court but since no intimation in terms of the second part of cause (2) of Article 16 of that Order was given that an appeal was being...... 1974). Badsha Miah.....................Respondent (In Criminal Appeal No. 8 of 1974). Md. Bazlur Rahman Miah & another……....Respondents (In Criminal Appeal No. 9 of 1974). Gopal Chandra Roy & another ……………………Respondents (In Criminal Appeal No. 10 of 1974). ..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. ......ed should have effect from the date of its execution it seems to us that the argument that it could be postponed to a later date—either the date when the registration was complete under the terms of Section 61 of the Indian Registration Act or to February 7, 1947, when on the regist......;……………………………………Appellants Vs. Abdul Latif Bhuiyan, being dead, his heirs: Asia Khatun and ors……………..Respondents Judgment Feb. 26.1981.&..Category: Property Law | Date: | Hits: 45
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul 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. ......nt in his papers on 21-9-65 and 2-10 65. He did not wait for the result of the enquiry. He published the entire petition of complaint. Section 499 of the Penal Code defines defamation in these terms: "Whoever by words either spoken of or intended to be read, or by signs or ......n vs. Bholanath Khattry (1911) I.L.R. 38 Cal. 888. Lawyers Involved: Md. Nurul Huq, Advocate-on-Record—For the Appellant. B.K. Das, Advocate, instructed by B.C. Panday, Advocate-on-Record,—For the Respondent. Judgment: ..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... 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. ......ange in the incidents of the right. In other words, it does not materially affect the character of the land in respect of which the right of pre-emption can be claimed. Section 96 in clear terms lays down that this right of pre-emption will be available only in respect of a 'holding'. I......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. ..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....pellant, 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. ......ivate limited company whose shares vested in the Government and under the provisions of Article 5 of P.O, 16 the said company was placed under the management of the appellant under the terms and conditions of P.O. 16. 7. The appellant is a statutory body made responsible for m.................................Respondent Judgment June 11, 1979. Lawyers Involved: Syed Amirul Islam, Advocate, Faruque Ahmed, Advocate with him instructed by B.C. Panday, Advocate-on-Record.—For the Appellant. Kazi Shahadat Hossain, Advocate.—F..Category: Employment/Service Law | Date: | Hits: 112
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. ....... 3. Plaintiff's case was that it made an offer to defendant 3, Crete Construction Company Limited, for the supply of 3, 50,000 cft. of boulders @ Tk. 215/- per 100 cft., FOB Chhatak. As per terms of the offer defendant 3 was to lift at its own risk and responsibility the entire stock of ......ttara Bank …………………………………………………Appellant Vs. Macneill and Kilburn Ltd. and others……………….Respondents Judg..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......f dismissal or for that matter contending that the appellant is disentitled to such salary owning to his occupation during the period in question. Rule 301 of the Service Rules is in the following terms:— "Any authority who on revision or appeal, reverse an order dismissi......m J Rahul Islam J Badrul Haider Chbwdhury J Shaha-buddin Ahmed J Hasan Imam Chowdhury........................... Appellant Vs. Govt. of Bangladesh and others................. Respondents Judgment March 23, 1981. Lawyers Inv..Category: Employment/Service Law | Date: | Hits: 101
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......Badrul Haider Chowdhury J. - This review petition by the respondents arises out of a judgment of this Division in Civil Appeal No. 108 of 1978. The appellant firm declared excess income on 15.7.69 in terms of Martial Law Regulation No. 32, known as Income Tax (Correction of Return and False Decla......…..Petitioner Vs. M/s. Mullick Brothers…………………………………………..Respondent Judgment February 2, 1981. Result: The review application is allowed and the appeal is dismissed. Lawyers Involved: T. H. Khan, Senior Advocate, with Muzammel Huq..Category: Fiscal/Taxation Law | Date: | Hits: 98
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. ......ntries. 11. The learned Judges of the High Court Division, after hearing the parties, discharged the Rule on July 29, 1980. It was held, inter alia, that (i) the Act had apparently been made in terms of paragraph 10(2) (b) of the Fourth schedule of the Constitution and in view of Article 150 o......uhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Health and Population Control and others…………………………………………Respondent Judg..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......nts (Retirement) Act, 1974 and Service (Re-organization and Condition) Act, 195 7. As regard the status of enterprise, it was claimed that it became a public enterprise within the meaning of the terms as provided in the Comptroller and Auditor General (Additional Functions) Amendment Act, 197......stribution Co. Ltd. & ors...........Respondent And A.K.M. Ayub Ali..............................................................Appellant (In C.A. 65 of 1980). vs. Eastern Refinery Ltd. and others.....................................................Respondent Judgment June 12, 19..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......artial Law Court to another Martial Law Court or from a Criminal Court or Special Martial Law Tribunal to a Special Martial Law Court”. Clause (2) contains an ‘Explanation’ in the following terms: “Explanation.- A case triable by a Court of Session pending before a Magistrate for enq......eported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......e writ petition the petitioner prayed for declaring the recommendation of the Second Screening Board and the impugned order passed in pursuance thereof to be illegal and without lawful authority in terms of Art. 102 (2) (a) (ii) The word 'person' has been mentioned in this Art, 102(2) (a) (ii) twi......is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
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. ......ovable property that power of attorney requires registration under the law, The latter proposition has no foundation in law. This observation is not legally tenable as a power of attorney executed in terms of Registration Act or under other provisions of law which confers a valid power on the attorn......w, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......7 and also the determination of an application under s. 144; If restitution is covered by "execution" then the definition of 'decree' would have covered both execution and restitution and these two terms would not have been specifically mentioned therein. Similarly, if restitution is covered by ex......n: ..Category: Procedural Law | Date: | Hits: 111
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. ......penalty; section 7 gives indemnity; section 7(a) to (b) provide for conferment of certain powers on the Officers and section 8 deals with the power to make rules. Section 5 is in the following terms:— "5. (1) If, on an enquiry under section 2, any Magistrate or ot......t Appellate Division (Civil) Present: FKMA Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Ful Chand Das and others......................Appellants Vs. Mohammad Hammad and others&..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....Control Regulations, by the Central Board of Revenue's letter dated 2.1.1971 it was provided in the Rules that in the case of a detection of import/export trade control contravention which reveals extraordinary work, forward their recommendation to the Board for grant of rewards as very special ......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. ......e Appellants. Rafiq-ul-Huq, Senior Advocate instructed by Serajuddin Ahmed, Advocate-on-Record,—For the Respondent. Civil Appeal No. 118 of 1981. From the judgment and order dated April 30, 1981 passed by the High Court Division in Writ Petition No. 760 of 1980...Category: Criminal Law | Date: | Hits: 171
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......r retirement, but in respect of leave preparatory to retirement which was refused under section 7 of the Act, the High Court Division held it to be ultra vires the Constitution in that it changed the terms and conditions of service of the government servant to his disadvantages. The Writ Petition wa......………... Appellant Vs. Burhanuddin Ahmed………………………….. Respondent (In Civil Appeal No. 124 of 1981) Judgment March 10, 1982. Result: Civil Appeal Nos. 73 and 124 of 1981 are dismissed. Cases Referred To- Dr. Nurul Islam Vs. Govt. of Bangladesh (1..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ...... Ruhul Islam, J. The pertinent question is whether appeal against acquittal can be entertained by the Appellate Tribunal created by the Special Powers Act, 1974 Section 30 is in the following terms: — "30. Appeals and confirmation of death sentences.- (1) An ap......resent: Kemaluddin Hossain CJ F. K. M. A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Abdul Halim Mollah alias Monohar Mollah and another……………………Appellant &nbs..Category: Criminal Law | Date: | Hits: 40
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