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Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)

.... Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, how­ever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, how­ever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, how­ever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ..

Category: Banking Law | Date: | Hits: 121

M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)

.... & Sons, dea­ler Burma Eastern Limited, Dhaka Trunk Road, Chittagong is as follows: "Dear Sir, Sub: Our filling station at Dhaka Trunk Road. In view of the fact that the Govern­ment of Bangladesh have declared you an enemy of the State and sealed all your properties, we are arranging ......dgment of the High Court Divi­sion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......dgment of the High Court Divi­sion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......dgment of the High Court Divi­sion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ..

Category: Business or Commercial Law | Date: | Hits: 118

Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)

....Appeal on compromise and acquits the accused……..(5) Cases Referred to- Bhim Singh and others vs. State of U.P. A.I.R. 1974 (SC) 1744; Md. Joynal and others vs Md. Rustam Ali Mia and others, Bangladesh Case Reports 1984 AD 19. Lawyers Involved: Aminul Huq, Advocate-on-Record-For the A......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. ......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. ......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. ..

Category: Criminal Law | Date: | Hits: 53

Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)

.... of quashment is set aside and the trial of Sessions Case no. 407 of 1982 is now to proceed. ………..(14) Cases Referred to- Abdul Quader Chow­dhury and other Vs. The State, 28 DLR (AD) 38; Bangladesh vs. Tan Kheng Hock 31 DLR (AD) 69; Abdus Salam Master alias Salam and another vs. The Sta......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. ......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. ......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. ..

Category: Criminal Law | Date: | Hits: 105

Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)

.... Ed. This Case is also Reported in: ......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: ......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: ......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: ..

Category: Employment/Service Law | Date: | Hits: 87

Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)

....llate Division (Civil) Present: AM Sayem CJ ABM Husain J MA Jabir J Ahsanuddin Choudhury J Badal Rani Misra alias Badal Rani Goswami and others………..Appellants. Vs. Bangladesh and others …………….Respondents Judgment May 2, 1975. Lawyers involved: ......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. ......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. ......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. ..

Category: Property Law | Date: | Hits: 48

Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)

.... Ahmed, Additional Attorney-General—For the Government. Civil Petition for Special Leave to Appeal No. 47 of 1973. (From the judgment and decree dated 8th December, 1972 of the High Court of Bangladesh passed in Appeal from Appellate Decree No, 204 of 1965). Judgment AM Sayem CJ.—T......d by the learned Additional Attorney-General thus suc­ceeds. 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. ......d by the learned Additional Attorney-General thus suc­ceeds. 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. ......d by the learned Additional Attorney-General thus suc­ceeds. 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. ..

Category: Constitutional Law | Date: | Hits: 148

Bangladesh Enemy Property Manage­ment Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)

....h Court Division are set aside. There will be no order as to costs. Ed. ......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. ......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. ......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. ..

Category: Property Law | Date: | Hits: 125

Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)

....nstitution. Ed. ......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. ......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. ......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. ..

Category: Criminal Law | Date: | Hits: 85

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. ......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. ......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. ......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

Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)

....ed in: 27 DLR (AD) 16. ......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. ......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. ......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

Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)

....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 ......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. ......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. ..

Category: Election Law | Date: | Hits: 133

Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)

.... Appellate Division (Civil) Present: Kemaluddin Hossain CJ   Fazle Munim J Badrul Haider Chowdhury J  Shahabuddin Ahmed J Bangladesh Bank .................................Appellant Vs. Debendra Nath Dutta &......view 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. ......view 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. ......view 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. ..

Category: Business or Commercial Law | Date: | Hits: 101

Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)

.... 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......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. ......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. ......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. ..

Category: Criminal Law | Date: | Hits: 77

Bangladesh Freedom Fighters Welfare Tr­ust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)

....ny orders as to costs. Ed. ......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. ......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. ......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. ..

Category: Employment/Service Law | Date: | Hits: 112

A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)

....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......ge 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. ......ge 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. ......ge 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. ..

Category: Business or Commercial Law | Date: | Hits: 107

Hasan Imam Chowdhury Vs. Govt. of Bangla­desh and others, 1981, 10 CLC (AD)

....nded that having made the rule absolute the High Court Division was functious officio and the direction was unwarranted and uncalled for. 4. The Water Development Board of the Government of Bangladesh has not challenged tube impugned direction, but it is the appellant at whose instance wr......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. ......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. ......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. ..

Category: Employment/Service Law | Date: | Hits: 101

Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)

....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of   the decision of the majority the appeal is allowed with costs. Ed. ......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of   the decision of the majority the appeal is allowed with costs. Ed. ......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of   the decision of the majority the appeal is allowed with costs. Ed. ......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of   the decision of the majority the appeal is allowed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 91

Commissioner of Taxes & another Vs. M/s. Mullick Bro­thers, 1981, 10 CLC (AD)

....ereafter, by special leave the appeal was filed and this Court by its judgment allowed the appeal holding that the arrear tax assessed against the firm not being a Government debt before emergence of Bangladesh is not recoverable by any process of law. This Division observed: "The learned Judges......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: ......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: ......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: ..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)

.... Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul 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…â......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. ......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. ......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. ..

Category: Employment/Service Law | Date: | Hits: 180