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State Vs. Md. Haroon, 1984, 13 CLC (AD)
.... order passed by the High Court Division Principle that guides the Appellate Division in such a matter It is well settled that in criminal matters the Appellate Division of the Supreme Court of Bangladesh does not re-open evidence unless it is shown that the inferences drawn from the evidence ......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......s. Crown, 5 DLR (PC) 1953 page 64; State Vs. Ashit Mallick; Abdul Majid Vs. Superintendent and Remembrance of Legal Affairs, Government of East Pakistan, (1964) 16 DLR (SC) 127; PLD 1964 S.C. 422. Lawyers Involved: M. Moazzem Hossain, Deputy Attorney General, instructed by B. Hossain Advocate-..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......ublication of the notice. The original Raiyat did not file any such suit on return from India and thus finding of abandonment is confirmed………………..(6) Lawyers Involved: T. H. Khan, Senior Advocate (Md. Abdul Wahhab Miah, Advocate with him), in..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....61....... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161....... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......ossession had already been taken after completion of the joint inventory, no contempt had been committed. Cases Referred to- Mask 44 C.W.N. 700; 17 DLR (SC) 515; 34 DLR (AD) 222 at page 235. Lawyers Involved: M. H. Khondoker, Senior Advocate, instructed by Sharifuddin Chaklader, Advocat..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....................Respondents Judgment April 18, 1983. Result: The Appellate Division has the power to review its judgment acting suo motu. The Constitution of the People’s Republic of Bangladesh, 1972, Article 105 The Appellate Division of the Supreme Court of Bangladesh has the p...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... Khan Vs. Controller of Estate Duty (1961) 13 DLR (SC) 105; Northern India Caterers Vs. Lt. Governor, Delhi AIR 1980 (SC) 674; De Lasala Vs. De Lasala (1979) 2 All England Reports 1146 (1115). Lawyers Involved: Syed Ishtiaq Ahmed and Rafiqul Hoque, Senior Advocates, Mahmudul Islam, Advocat..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......=12 DLR-SC-156; Gul Hassan and another Vs. The State, PLD 1969 SC 89; Md. Bashir V The State, Supreme Court Monthly Report (1970) Vol 111, 351; Md. Rafiq V. The State, PLD (1974) SC 65 Lawyers Involved: Abdul Malek, Senior Advocate instructed by Syed Sakhawat Ali, Advocat..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....gnizable offence and no Court other than a Drug court shall try the offence punishable under this Ordinance.'' It was pointed out that the Government has constituted a Drug Court for Bangladesh with the Headquarter at Dhaka presided by a Judge with the rank and status of a District......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......2(SC)63; Lazar Fernando Vs. Amirtham Fernando AIR 1929 Mad. 604; Kuppuswamy Naidu 24 Criminal Law Journal, a Division Bench of the Madras; Emperor Vs. Jiwa Ran 33 Criminal Law Journal, 309. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, with Md. Zaker Hossain, Advocate, instru..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......d if defendant no. 2 committed fraud on the defendant Company, actions must have been taken by the Managing Director for committing fraud upon it. Nobody can take advantage of his own fraud. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Habibul Islam Bhuiyan, Advocate with..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....1984-85. 3. Estimated cost: Tk. 95, 22,490/- 4. Earnest money: Tk. 1, 90, 450/-In favour of E.E. (RHD) Dhaka. Constn, Road Division III in bank draft from any Schedule Patra. 5 years Bangladesh Sanchay Patra and Bonus Sanchay Patra. 5. Time allowed: Up to 30th June, 198. ......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......rial Court……………..(16 & 17) Cases Referred To- 32 DLR 223 AD; M/s. Hossain Ahmed vs. M/s. H.D. Hossain and Brothers. (1980) 32 DLR 223 AD. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate, instructed by Syed Sakhawat Ali, Advoc..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ...... in the circumstances of the case, it was too late to order a re-trial of the accused. In the result, the order of conviction and sentence under section 304 of the Penal Code was set aside. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocat..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....Case is also Reported in: I ADC (2004) 371....... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......1998) 42; C. Q. M. H Md. Ayub Ali vs. Bangladesh and others 47 DLR (AD) 71; Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh 31 DLR (AD) 266; ICI (Bangladesh) Ltd. Vs. M/S G. K. Brothers 36 DLR 114. Lawyers Involved: AJ Mohammad Ali, Additional-Attorney-General (Firoz Shaha, Assistant-Attorney-..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
.... Md Anwar Hossain Khan (dead) and others……………...Respondents Judgment December 11, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 78 Participation or non-participation by a member of Parliament in......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......urt cannot compel the respondents to attend sessions of Parliament and perform their constitutional duties………………………..(68 and 69) Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Appellants. (In Civil ..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ...... There is no bar on changing over to a new system of accountancy what has not been laid down by the Act, cannot be prescribed by the Court………………(36) Lawyers Involved: Mozammel Hague Bhuiyan, Advocate instructed by M.R. Khan, Advocate-on..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......award sentence of Imprisonment for the period as prescribed by law, for such amount of default in payment under section 31(1) and 33(1) of the Code of Criminal Procedure……..(7) Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advoc..Category: Criminal Law | Date: | Hits: 39
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......t appellant Wazed Ali and Abbas Ali were involved in the murder of Dud Mallick. In this view of the matter conviction of Wazed and Abbas cannot be sustained and accordingly it is set aside. Lawyers Involved: Serajul Huq, Senior Advocate, instructed by Sharifuddin Chaklader, Advocat..Category: Criminal Law | Date: | Hits: 52
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
..... ...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......sh AIR 1971 (SC) 742; Messrs. Mackinnor Mackensie and Co. vs. Messrs Abdul Rahman Abdul Gani Merchants and another, 8 DLR 349; S. Ahmed Mian vs. Federation of Pakistan and another 7 DLR 376. Lawyers involved: M. Moazzem Hossain, Deputy Attorney-General, instructed by B. Hossain, Adv..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......loth & General Mills Company vs. Income-tax Commissioner, AIR 1927 PC 242; Province of West Pakistan vs. Manzoor Quader, PLR 1969 SC 623; Tarapada Ghose vs. Marimnessa Bibi, 19 DLR 711. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate (M. Hafizullah, Advocate with him, instructe..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......1965) 17 DLR 190, 1979 BSCR 135; Golam Hafez Mia Vs. Khadem Ali Meah (1977) 29 DLR 311 SC; Keramat Ali Vs. Muhammad Yunis, 15 DLR 120 SC; Nurun Nahar vs. Mohd. Fazlur Rahman (1979) BSCR 135. Lawyers Involved: M. Nurullah, Advocate (Hazrat Ali Sikder Advocate with him) instructed by ..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......Chowdhury and others AIR, 1939 Calcutta 582; Rameshwar Prasad and others Vs. Shambahan Lal Jagannath and another, A.I.R. 1963 SC 1901; Panna Lal Vs. State of Bombay A.I.R. 1963 SC 1516. Lawyers Involved: B.N. Chowdhury, Advocate instructed by Md. Sajjdul Huq, Advocate-on-Record..Category: Property Law | Date: | Hits: 38
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ......;……………………………………………..Respondents Judgment December 11, 2007. Lawyers Involved: Syed Mahbubar Ahmed, Advocate-on-Record-For the Petitioner. Md. Naw..Category: Criminal Law | Date: | Hits: 45
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
.... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ...... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ...... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ......;.Petitioners Vs. Mosammat Rabeya Sultana (Koli) and another…………………….Respondents Judgment October 2, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Sufia Khatu..Category: Criminal Law | Date: | Hits: 45
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