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Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....Hossain, Advocate-on- Record—(For the Respondent No. 1). Ex-parte—Respondent No. 2. Civil Appeal No. 78 of 1974. (On appeal from the Judgment and Order dated 21-1-74 passed by the High Court Division in appeal No. 1 of 1973). Judgment: ......ch cannot be agitated before this Court as the appeal was under section 28 of the Companies Act which deals with the power of the Court to rectify register and it has been provided therein that the decision of the Court for rectification of the register may be challenged on appeal which sha..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....). Moinul Huq, Advocate, with Md. Hafizullah, A. Baset Majumder, Advocates— For the Respondents (In all the appeals). Civil Appeal Nos. 26, 27 and 28 of 1974. (From the judgment and order dated 21st March, 1974 passed by the High Court Division in Petitions No. 150, 166 and 167 of 1973).......hat their seniority as clerks would count from the date of their appointment as Coin/Note Examiners or Typists. On 22nd October, 1968 the State Bank of Pakistan issued a circular which contains the decision that the earlier service rendered as Coin/Note Examiners, Typists and Punching Machine O..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....or the Respondents No. 1-3. Shamsul Huq Chowdhury, Advocate, instructed by S. M. Huq, Advocate-on-Record-For the Respondent No. 4. Civil Appeal No. 10 of 1973 (From the judgement and Order dated 11-7-1969 passed by the Dacca High Court in petition No. 311 of 1967). Judgment Muhamm......ing approval of the Government in the mailer. In this connection he has invited our attention to the provision of sub-section (1) of Section 8 of the Requisition of Property Act which presupposes a decision to derequisition. Sub-section (1) of Section 8 is as follows:— "8. (1) Where any re..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....Record. —For the Petitioner. Syed Ishtiaq 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, ...... took us through the Provisional Constitution of Bangladesh Order, 1972 as well as President's Order No. 5 of 3972 and pointed out that neither of them had provided for an appeal against any order or decision either of the High Court of East Pakistan or of the High Court of Bangladesh, although an A..Category: Constitutional Law | Date: | Hits: 148
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....Record—For the Appellants. Khondkar Mahbubuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Record —For the Respondent. Civil Appeal No. 8 of 1974. (From the Judgment and Order dated 7-6-1973 passed by the High Court Division in petition No. 406 of 1970). Judgment Muham......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)
....vocate, with Humayun Kabir Chowdhury S.C. Das, Advocates, instructed by M.R. Khan, Advocate-on-Record—For the Respondent, Criminal Appeal No. 27 of 1974 (From the Judgement and Order dated 12-9-1974 passed by the High Court Division in Petition No. 848 of 1974). Judgmen......icle 98 of the Constitution of 1962 of Pakistan and we have no reason to hold that the views expressed by the Full Bench of the Lahore High Court and the Supreme Court of Pakistan in the aforesaid decisions in regard to the scope and authority of the powers conferred on the High Courts unde..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... M. R. Khan, Advocate-on-Record—For Respondent No. 2. Criminal Appeal No.10-D of 1971. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 7th July, 1969, in Criminal Revision No. 295 of 1968 Judgment ...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
.... the Petitioner. Not represented—the Respondent. Petition for Special Leave to Appeal No. 30-D 1971. (From the judgment and order of the High Court of East Pakistan dated 13th July, 1971 in Criminal Appeal No. 541 of 1967). Judgment &nb......al of the petitioner; in the absence of sanction for prosecution, was bad in law. This contention was raised before the learned Judges of the High Court who rejected the same relying upon the decisions of the Supreme Court, in the case of Ataur Rahman Vs. The State, reported in 19 DLR ..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....le's house to a mess near Faujdarhat Tobacco Company and on his query the deceased told that "his aunt was not affectionate to him and so he left his uncle's house", he could not tell the date when the deceased said so. P. W. 10 stated that about three months before the occurrence, dece......, however, appear how a statement of the deceased which can not be admitted in evidence under section 32(1), can be used to prove the motive for a crime. In this connection we may refer to the decision of a Division Bench of the Calcutta High Court in the case of Nimoo Pal Mazumder Vs. The ..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;…………………...Respondents Judgment April 11, 1974. Criminal Appeals Nos. 2 & 3 of 1973. (From the judgment and order dated 23rd April, 1970 passed by Dacca High Court in Death Reference Case No. 1 of 1970 and Cr......;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. ..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....dent (In Criminal Appeal No. 6 of 1974). Not represented—Respondents (In Criminal Appeal Nos. 3,4,7-14, 16-17 of 1974). Criminal Appeal Nos. 1 to 18 of 1974. (From the judgment and orders dated 5th and 6th December, 1973 of the High Court Division in Criminal Appeal Nos. 552, 17, 660, 19......ant bail to a convicted person upon admission of his appeal is inconsistent with the provision of Article 14 of P. O. 8, it cannot be invoked to grant bail to a person convicted under that P. O. That decision was taken note of by the learned Judges of the High Court Division who, however, took the..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
.... of the Supreme Court (Appellate Division) Rules, 1973. Respondent Nos. 1-3—Not represented. Civil Appeal No 4 of 1974. (On appeal from the Judgment and Order of the High Court Division, dated 19-12-73 passed in petition No. 493 of 1973). Judgment: Ahsanuddin Chowdhury, J.—This......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
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....Appellant. Khan, Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1972. (On appeal from the judgment and order of the erstwhile High Court, Dacca dated 8-7-1970. Passed in Death Reference No. 6 of 1970 and Criminal Appeal No. 237 of ......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent 1. Ex-parte—For Respondents 2-6. Civil Appeal No. 112 of 1979. (From the Judgment and Decree dated 1st June, 1979 passed by the High Court Division in S. A. No. 486 of 1964.) Judgment: ......ment of sale, and if value of the property is Tk. 100/-or upwards, on its registration. Delivery of possession is not so vital as in the case of sale under the Mohammedan Law. There are a number of decisions of different superior Courts supporting the view that the personal law regarding tra..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
.... B. Hossain Advocate-on-Record.—Rule 1, Order XLV, Supreme Court (A.D.) Rules, 1973. Ex parte—Respondent. Civil Appeal No. 31 of 1979. (From the judgment and order dated March 22, 1973 passed by the High Court Division in Appeal No. 1 of 1974) Judgment: ......ore the High Court Division was not maintainable. Section 72 of the Ordinance is as follows:— "72. (1) an appeal shall lie from any order or decision of the High Court in a civil proceeding under this Ordinance when the amount, or value of..Category: Business or Commercial Law | Date: | Hits: 101
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....the Respondent Nos. 1& 2. Exparte-Respondent Nos. 3-21. Judgment: Shahabuddin Ahmed J.- This appeal by special leave is from judgment and decree of the High Court Division dated April 5, 1976 in Second Appeal No. 783 of 1962 dismissing the plaintiff appellant’s sui......at the defendants were in possession for over 12 years and the suit was barred by limitation, both general and special. 5. On appeal the learned Subordinate Judge reversed the trial Court's decision and decreed the suit on findings that the transfer of the Kol-karsha from Basanta Dey and ..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....structed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent No. 1. Ex-parte—Respondent No. 2. Civil Appeal No 98 of 1980. (From the judgment and decree dated 20.8.1976 passed by the High Court Division in F.A. No. 97 of 1965). Judgment: ......ng created without any legal necessity and would not affect the plaintiffs reversionary right as well. An appeal was preferred by defendant No. 2 to the High Court Division which reversed the decision of the trial court and dismissed the suit holding that the plaintiffs having been out of p..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
.... acts with her. This petition of complaint was published in Jugabheri on the same day under the caption" "osposto” and an English version of it was published in Eastern Herald dated 2-10-65 under the caption "Husband vs. sworn father." Both the papers are Ext.......he court held that the importance of giving publicity to all judicial proceedings required that the fair and accurate report of such proceedings should be privileged. Having considered these decisions which, as I find, favour the acceptance of the proposition advanced by the learned ..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....Aminul Huq, Advocate-on-Record—For the Respondents Nos. 1- 6. Ex-Parte.—Respondent No. 1. Civil Appeal No. 78 of 1977 (On appeal from the judgment and order dated 15.4.76 passed by the High Court Division in F.M. A. No. 15 of 1975). Judgment: ......al on April 15, 1976. Being aggrieved the appellants moved this Court and obtained leave to appeal to consider only the last two among the three questions raised before the High Court. As the decisions by the several benches of the High Court on the second question were found conflicting th..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....B.C. Panday, Advocate-on-Record.—For the Appellant. Kazi Shahadat Hossain, Advocate.—For the Respondent. Civil Appeal No. 27 of 1979. (From the Judgment and order dated the 20th January,1978 passed by the High Court Division in Writ petition No. 578 of 1977). ......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
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