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Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....onsidered the correctness of the decision of the High Court for refusing to quash the proceeding when after submission of the final report the accused were discharged and on a Naraji Petition and a fresh complaint was filed before the Magistrate against some accused persons on the same allegatio......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
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
.... 4. The Election Tribunal, respondent No. 2 allowed the election case and declared the election held in Ward No 3 of the aforesaid Union Parishad as invalid. Further, he directed for holding of a fresh election in the ward within 30 days from the date. The election of respondent No.3 as Chairman......oning as Chairman till disposal of the election petition. In that connection he showed cause and this matter took about eight weeks and ultimately temporary injunction was issued. Respondent filed an application on 9 April, 1984 for adjournment to file written statement against the election petition..Category: Election Law | Date: | Hits: 152
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... 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. ......n the ground of any absence of evidence For such finding the Appellate Court below is the last court of fact and the passage quoted above from the judgment of the Appellate Court below shows not only application of mind but considerable anxiety of the Appellate Court below to do justice in the fac..Category: Property Law | Date: | Hits: 59
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....mmissioner did not give the effect to the respondent’s contention, touching the question of validity of the order, except that he remanded the case to the income-tax Officer directing issuance of a fresh order "showing correct and proper calculation of the additional tax due from the assessee." Th......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
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. ......terpretations possible, a taxing statute must be interpreted in favour of the assessee and against the Revenue Authority". This principle is not disputed, but it has no manner of application in the facts of the present case. 4. The case of Province of Bombay Vs. Khushal..Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ...... Court Division affirming that of the learned single judge of that division who directed rectification of the Share Register of respondent No. 2 a Company incorporated under the Companies Act on an application filed by Respondent No. 1 under section 33 of the said Act. 2. The case of Resp..Category: Business or Commercial Law | Date: | Hits: 113
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....that case that before the premises could be made available for use for the new purpose, possession should have been given up by the town clerk to the plaintiffs and possession then again taken upon a fresh requisition for that purpose was not accepted by the Court and it was held that where the comp......ition No. 311 of 1967). Judgment Muhammad Abdullah Jabir J.—This appeal, by special leave, arises out of judgment and order passed by the erstwhile High Court of East Pakistan dismissing an application filed under Article 98 of the Constitution of Pakistan of 1962 by the appellants challen..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....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. ......al was lodged. Subsequently, on the 25th August, 1973 the petitioner filed an application for joining the Government of Bangladesh as a party respondent in the petition. A copy of this subsequent application having been served on Government, the learned Additional Attorney-General appeared and..Category: Constitutional Law | Date: | Hits: 148
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....d the collection of debt of enemy firms and administration of properties which had already vested prior to the cessation of the effect of the Defence of Pakistan Ordinance and the Rules and that no fresh order could be passed thereunder vesting new property in the Custodian and that the concepts o......ition No. 406 of 1970). Judgment Muhammad Abdullah Jabir, J.— This appeal, by special leave, arises out of judgment and order passed by a Bench of the High Court Division of this Court in an application filed under Article 98 of the Constitution of Pakistan of 1962 under which the responden..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. ......acation Bench of the High Court Division directing the enlargement on bail of one A.K.M. Golam Kabir (hereinafter referred to us "the detenu"), pending the hearing of a Rule issued on an application filed on his behalf by the respondent Ahmed Nazir under Article 102 (2)(b) of the Const..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......ditional District Magistrate of Faridpur for withdrawing the order of attachment made on 16. 11. 67 but the prayer was rejected by him on 25. 3. 68 whereupon the appellants filed a revisional application before the High Court which was numbered as Criminal Revision No. 295 of 1968. This Rev..Category: Criminal Law | Date: | Hits: 49
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......nbsp; Muhammad Abdullah Jabir, J.—This appeal by Special Leave arise out of an order passed by the High Court of East Pakistan rejecting summarily an application filed by the appellant under section 215 of the Code of Criminal Procedure for qua..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ...... 147 of the Penal Code and sentenced them to suffer rigorous imprisonment for one year and six months each. The learned Judges, however, took the view that section 34 of the Penal Code had no application in the facts and circumstances of the case and upon this view the conviction ..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....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. ......er sub-section (1). This sub-section, therefore, empowers the trial Court to grant bail to a person convicted of a bailable offence only, for the purpose specified therein, and obviously, it has no application to the case of a person convicfed of a non-bailable offence. Since Article 7 of P. O. 50..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
.... ground that poll being the legislative intent under Rule 20A, election should have been stopped when there was only one candidate in the field after the unfortunate death of Dr. Shafiqur Rahman and fresh nomination papers should have been called for to enable the electorates to exercise their righ......, dated 19-12-73 passed in petition No. 493 of 1973). Judgment: Ahsanuddin Chowdhury, J.—This appeal by special leave, is against an order of a Bench of the High Court Division dismissing an application under article 102 of the Constitution. 2. Respondent No.14, Mr. Md. Abdullah and one ..Category: Election Law | Date: | Hits: 133
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. ......le and he immediately made Talab-i-mowasibat in presence of some persons and he duly performed Talab-i-issad. Thereafter without taking steps for institution of a suit for preemption filed an application under section 26F of the Bengal Tenancy Act for pre-emption of the suit land and lost i..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....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. ...... of the High Court Division passed in Appeal No. 1 of 1974 on August 5, 1976 reversing those of the Company Judge passed in Matter No. 4 of 1969 on March 22, 1973. 2. The appellant filed an application under section 66/1) of the Banking Companies Ordinance, 1962 (hereinafter referre..Category: Business or Commercial Law | Date: | Hits: 101
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....ndants' application for setting aside the sale under section 174 (3) B.T. Act but did not challenge the Kol-karsha right of the defendants are stopped from challenging the Kol-karsha which got fresh recognition in that case and that the plaintiffs were never in possession of the land bu......i of one Fazle Karim Khan through whom he tried to annul the encumbrance namely, the Kol-karsha. But their evil design was foiled when they, defendants, got the auction-sale set aside by filing an application under section 174(3) of the Bengal Tenancy Act making the plaintiffs party thereto. ..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. ......rved as follows: "The responsibility of the person begins with the prosecuting of the complaint but it does not end there and is not limited to the prayer contained in it. As the application of the rule of absolute privilege in English law to words spoken by a party in the o..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. ......e appellants' purchase, they filed the aforesaid petition for pre-emption of 'B' schedule property after depositing the consideration money along with the statutory compensation. 4. The application for pre-emption was resisted by Keramat Ali on the ground, among others, that the 'B sc..Category: Property Law | Date: | Hits: 47
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