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Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)

....ee passed by the High Court Division. Words and phrases Hats and Bazars After the acquisition of the hats and bazaar under the provisions of the State Acquisition and Tenancy Act, 1950, the Government has become the sole authority to establish hat and bazaar and to fix days of their sittin......n (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J TM Masud J Syed Md. Mohsen Ali J Abdul Mannaf Khan and others……..Appel­lants (In both cases). Vs. Bangladesh & another…………………………Respondents (In Civil Appeal No. 163 of 1983).......Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J TM Masud J Syed Md. Mohsen Ali J Abdul Mannaf Khan and others……..Appel­lants (In both cases). Vs. Bangladesh & another…………………………Respondents (In Civil Appeal No. 163 of....... This Case is also Reported in: 38 DLR (AD) (1986) 201. ..

Category: Property Law | Date: | Hits: 202

Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)

....Criminal Miscellaneous Case No. 24 of 1984. 5. During the pendency of the above Rule for contempt District and Sessions Judge, Rangpur forwarded two representations mace by respondent No. 2 to the Government praying Sot his transfer from Chilmari, On perusal of the representations the learned Jud...... regarding these matters. This led to all kinds of pressure upon him by the appellant. On 24th January 1984, District and Sessions Judge, Rangpur forwarded the complain to Registrar, Supreme Court of Bangladesh for placing the matter before a Bench of the High Court Division, Rangpur. The Bench at R......eme Court Appellate Division (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J M. H. Rah­man J A. T. M. Afzal J Abdul Karim Sarker .............Appellant Vs. The State and another …………Respondent Judgment February 9, 1986. Contempt of ......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ..

Category: Criminal Law | Date: | Hits: 49

AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)

....s Judgment July 23, 1986. Result: Civil Appeals Nos. 51 to 53 are dismissed and Civil Appeal No. 54 of 1985 is allowed. The Constitution of Bangladesh, 1972, Article 102 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983) Section 29(4) The General Clauses Act, 1......others...........................Respondents Judgment July 23, 1986. Result: Civil Appeals Nos. 51 to 53 are dismissed and Civil Appeal No. 54 of 1985 is allowed. The Constitution of Bangladesh, 1972, Article 102 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983) ...... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J AKM Ruhul Amin.................Appellant (In Civil Appeal No. 51 of 1985 with Civil Petition No. 140 of 1985) Vs. District Judge and Appellate Election Tribunal, Bhola and others ...Respondents Abul Kalam......quhoun Vs. Brooks ( 1889) 14 App. 493; Canada Sugar Refining Co. Vs K. (1898) A.I. 731; K. K. Shrivastava Vs. Bhupendra Kumar AIR 1977 SC 1703 ; Murree Brewery Co. Vs. Pakistan, PLD 1972 S.C. 27 ; Md. Husain Munir vs. Sikandar, PLD 1974 SC 139 ; 9 ILR (1827) 21 Bom. 279; AIR 1926 Bom. 344; Tura..

Category: Election Law | Date: | Hits: 154

Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)

....out 79 years, is a retired Secretary of Rajshahi District Board, claiming to be acquain­ted with late Amir Ali, having occasionally visited Amir Ali's house. P.W. 4 (76) is a retired teacher of a Government High Madrassa and Amir Ali's neighbour having personal knowledge about Amir Ali's famil...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......esent: F K M A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khorshed Alam @ Shah Alam……………………………………………Appellant Vs. Amir Sultan Ali Hyder and another……………………….. Respondents Judgment Ma...... Practice and procedure When some principles of law or procedure are violated leading to miscarriage of justice, higher Court can always interfere…………….(27) Cases Referred to- Md. Alladat Khan vs. Md. Ismail Khan, 10 ILR (All) 289; Habibur Rahman Chow­dhury vs. Altaf Ali C..

Category: Family Law | Date: | Hits: 239

Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)

..... 70 corresponding to 20 IA 165. Their Lordships of the Committee observed: "a sale is a sale made under the Act, XI of 1859 within the meaning of that Act. when it is a sale for arrears of Government revenue held by the Colle­ctor or other officer authorised to held a sale under the Ac......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......e Division (Civil) Present: F K.M.A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Nurul Islam, being dead his heirs: Md. Shamsul Islam & ors…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Lan......osts. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)

....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......No.3. In a suit for dissolution of marriage filed at the instance of respondent No.3, her marriage with the appellant was dissolved in June 1982. In May 1984 respondent No. 3 returned with her son to Bangladesh sad went back to Saudi Arabia keeping the boy with her relations, namely, respondent No. ...... 106 ...... Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ..

Category: Family Law | Date: | Hits: 152

Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)

....under the appellant. These exhibits are cer­tified copies of two applications of the respondent to the Additional Deputy Comm­issioner (Revenue) praying for settlement to the suit-premises from the Government, the ultimate owner. Both the appellant and the respondent (defendant No. 1) prayed for s......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......7......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..

Category: Property Law | Date: | Hits: 37

Government of Bang­ladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)

....: 38 DLR (AD) (1986) 93 ......ent to others who are claiming possession in the suit plot through lease from the government, the suit plot covering a large area besides the parties claim. Cases Referred to- M.H. Khanddkar Vs. Bangladesh 30 DLR (S.C) 1. Lawyers Involved: B. Hossain, Advocate-on-Record—For the Appella......hahabuddin Ahmed J M.H. Rah­man J A.T.M. Afzal J Government of Bang­ladesh, represented by the Deputy Com­missioner, Mymensingh…… …………………………………Appellant Vs. Abani Kanta Chakraborty & others........Respondents Judgment February 5, 1986 The St......s unfounded. In the result, therefore, this appeal is dis­missed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..

Category: Property Law | Date: | Hits: 37

Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)

....e Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separate entity of its own, independent of any Government department. Government Servant While serving under the co-operating societies land ......is also Reported in: 38 DLR (AD) (1986) 81. ......ple of natural justice was duly applied with the respondent even though civil service rules were not applicable to him. The Appeal is allowed…..(17 & 18) Case Referred to- Dr. Nurul Islam Vs. Government of Bangladesh, 33 DLR (AD) 371; B S I Corporation Vs. Mahbub Hossain, 29 DLR (AD) 41;...... Haider Chowdhury J Shahabuddin Ahmed J People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka & another …………………………….....Appellants vs. Md. Alauddin alias Alauddin Sarker others..........................Respondents Judgment May 3..

Category: Employment/Service Law | Date: | Hits: 124

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

....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. ...... Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......reme Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh Shilpa Bank...................................Appellant Vs. Bangladesh Hotels Ltd.................................Respondent Judgment April 9, 198......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

Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)

.... that proceeding". These two all-important ingre­dients are palpably lacking in this case. In the said proceeding, it must be kept in mind, there were two parties, the Certificate-holder, namely the Government, and the Certificate-debtor, namely one Harekrishna from whom a certain amount of public ...... result, both the appeals are dis­missed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......ellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Muslim Khan ...................Appellant (In Criminal Apneal No. 25 of 1985) Vs. The State..........................Respondent Sanaullah Akhan................................. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...

Category: Criminal Law | Date: | Hits: 69

Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)

....ider whether in view of the provisions of the Printing, Presses and Publications Ordinance which impliedly provide for complaint to be made by the prescribed authority or an officer designated by the Government for violation of the provisions of section 4, a private citizen was competent to lodge a ......the trial. Subject to these observations, the order of the High Court Division is upheld. The ap­peal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......Court Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Delwar Ali Khan & another……………………....Appellants Vs. Sajedul Haque……………………………………….Respondent Judgment July 9, ......Pada Das, AIR 1940 Cal. 232; Ma Si. Muthuveeran Chettiar Vs Mottayan Chettiar, AIR 1942 Mad 283; Raghubir Singh vs. Emperor, AIR 1931 Oudh 81. Lawyers Involved: K Z Alam, Advocate instructed by Md. Aftab Hossain. Advocate-on-Record—For the Appellants. Syed Sakhawat Ali, Advocate-on-Record..

Category: Criminal Law | Date: | Hits: 59

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

.... the parties concerned on 2.10.68. In another notice of the same date i.e. dated 20.1.72, they cited reasons of declaring the properties of M/S. Hajee Mohammad Ali & Sons to be confiscated to the Government for reasons of state enemy but in fact the petroleum com­pany has failed to produce any ...... & 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 ......) (1986) 41. ...... Rauf and others Vs. Abdul Hamid Khan and others (1965) 17 DLR (SC) 550; Abul Khair Mia Vs. Abdul Latif Sardar (1980) 32 DLR 167. Lawyers Involved: Maksumul Hakim, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. Altaf Hussain, instructed by Syed Sak..

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

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

....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. ......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......ellate Division (Criminal) Present: FKMA Munim C J Badrul Haider Chowdhury J Shahabuddin Ahmed J Abdus Sattar & others…………………………………... Appellants Vs. The State & anr……………………………………….. Respondents Judgment ...... of such disputes is encouraged, the Court disposes the 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. Lawye..

Category: Criminal Law | Date: | Hits: 53

Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)

....e opportunity of being heard in support of the same. If the appellate court does not dismiss the appeal summarily, then section 422 provides for causing notice to be given to the appellant and to the Government section 423 provides for the powers of the appellate court and Sub-section (b) reads as u......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ...... Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ..

Category: Criminal Law | Date: | Hits: 62

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

....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. ...... 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......DLR (AD) (1986) 18. ......Khan, Senior Advocate, (M.A. Wahab Miah, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. Siddique Ahmed Chowdhury, Senior Advo­cate, instructed by Md. Sajjadul Huq, Advo­cate-on- Record—For the Respondent Nos. 1-3. Ex-parte—For the Respond..

Category: Criminal Law | Date: | Hits: 105

Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)

....…..Appel­lant Vs. The District Judge, Chittagong & others …………………………….Respondents Judgment April 25, 1985. Result: The appeal is allowed. The Local Government (Union Parishad) (Amend­ment) Ordinance, 1983 (LI of 1983), Section 29 Respondent no.......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8....... Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Mamudul Haque Chowdhury………………………………………………..Appel­lant Vs. The District Judge, Chittagong & others …………………………….Respondents ......On his part simple denial of the allegation may be sufficient since the burden of proof of the allegation lies upon the petitioner. (Per Shahabuddin Ahmed J.)…………(21) Lawyers Involved: Md. Fazlul Karim, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on- Record—For the..

Category: Election Law | Date: | Hits: 152

Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)

....ecover arrears of taxes, etc., by distress and sale of move-able property. Section 63 (3) Local Govern­ment Ordinance, 1976 reads as under: "Notwithstanding the provisions of sub-section (2), the Government may empower any local parishad to recover arrears of taxes, rates, tolls, fees and other ....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Mst. Esarunnessa Bibi being dead her heirs Amjad Hossain & others……………… Appellants Vs. Md. Amir Hossain………………………………….. Respondents Judgment Septemb......vil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Mst. Esarunnessa Bibi being dead her heirs Amjad Hossain & others……………… Appellants Vs. Md. Amir Hossain………………………………….. Respondents Judgment September 8, 1..

Category: Property Law | Date: | Hits: 59

Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)

....;       Mahmud Husain, J.—In all these appeals a preliminary question arises for consideration and Mr. Ishtiaq Ahmed, learned Additional Attorney General for the Government conten­ded that failure on the part of the appellants to serve notice on the Governm......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. ......Mahmud Husain J  M. A. Jabir J Ahsanuddin Choudhury J Md. Sona Mia alias Sona Mian Sawdagar being dead his heirs, Md. Nurul Islam and others…. Appellants. Vs. The Collector of Customs, Chittagong and others... Respondents (In Civil Appeal Nos. 10...... Ed. ..

Category: Business or Commercial Law | Date: | Hits: 81

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

....uq & another……………………....Respondents (In C.A. No. 28 of 1974) Judgment May 2, 1975. Cases Referred to- Md. Aboo Abdullah Vs. The Province of East Pakistan, 12 DLR (SC) 211; Government of West Pak­istan Vs. Fida Muhammad Khan, 12 D.L.R. (S.C.) page 50; the High Court, Calc...... Ed. This Case is also Reported in: ......Division (Civil) Present: A. M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Governor, Bangladesh Bank & others…......Appellant (In all the Appeals). Vs. Shamsul Huda Khan and another……………..Respon­dents (In C.A. No. 26 of 1974). And ...... Vs. Shamsul Huda Khan and another……………..Respon­dents (In C.A. No. 26 of 1974). And Mozammel Huq Khan and another…………..Respon­dents (In C.A. No. 27 of 1974). And Md. Nurul Huq & another……………………....Respondents (In C.A. No. 28 of 1974) Judgment ..

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