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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. ......another…………………..Respondent Judgment            March 17 & 18, 1975. Lawyers involved: Syed lshtiaq Ahmed. Additional Attorney General, M. Nurullah, Advocate, in..

Category: Business or Commercial Law | Date: | Hits: 113

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

....Court was not authorized under Article 235 of the Constitution, to withhold the plaintiff's promotion as Subordinate Judge, without complying with the requirements of the rules aforesaid." 15. The Rules referred to were Rules 49, 35A and Service (Classification, Con­trol and Appeal) Rules... Sin......IR 1962 S.C. page 1704; Government of West Pakistan Vs. Fida Muham­mad Khan, 12 D.L.R. (S.C.) page 50; High Court, Calcutta and another Vs. Amal Kumar Roy and others, A.I.R. 1962 S.C. page 1704. Lawyers involved: S. R. Pal, Senior Advocate with Dr. Ahmed Hossain, Advocate, instructed by Amin..

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

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

....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. ...... 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: S. R. Pal, Senior Advocate, with S. C. Das, Advocate, instructed by A. Rab-II, ..

Category: Property Law | Date: | Hits: 48

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

....ply provided a period of limitation from which the time requisite for obtaining certified copy of the judgment of the High Court was to be excluded in terms of section 12 of the Limitation Act, since Rule 4 of Order 1 of the Supreme Court (Appellate Division) Rules provides that the period of limita......houdhury J Osman Gani Mondal……………….....Petitioner Vs. Mainuddin Ahmed and others…......Respondents Judgment April 26, 1974. Result: The petition is dismissed. Lawyers involved: Md. Ansar Ali, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. â€..

Category: Constitutional Law | Date: | Hits: 148

Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)

....nally. We find no substance in the only conten­tion raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......ish Chandra Vs. Hare Krishna Coldar, 15 DLR 634; Umar Din Vs. Fazal Din, PLR 5 Lah. 196; Visheswar Vs. Durgappa, AIR 1940 Bom. 339; Vithoba Kadhar Vs. Madhar jemedar, (1918) ILR 42 Bom. 344. Lawyers involved: Akram Hossain Amin, Advocate—For the Petitioners. Not repre..

Category: Property Law | Date: | Hits: 47

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

....shall vest in the Additional Cus­todian of Enemy Property in East Pakistan. The notification was issued in exercise of the powers conferred by sub-rule (1) of the rule 122 of the Defence of Pakistan Rules revailidated and continued by the Enemy Property (continuance of enemy provisions) Ordinance o......Judgment March 27, 1975. Cases Referred to- M. M. Mansur Ali Vs. Aradendu Shekhar Chatterjee. (1959) 21 DLR (SC) 20; Daulatpur Jute Mills Ltd. Vs. Province of E. Pak. (1968) 20 DLR 1209. Lawyers involved: Syed Ishtiaq Ahmed, Additional Attorney-General, with B. B, Roy Chowdhury, Assi..

Category: Property Law | Date: | Hits: 125

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

....of an order of a Vacation 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 (......F.B.); Special No. 1 of 1964, A.I.R. 1965 (S.C.) at page 745; In re: Prahlad Krishna Kurne, 52 Cr.L.J. 1951 page 305; C.P. Matthen Vs. District Magistrate, Trivandram, AIR. 1939 (P.C.) 213. Lawyers involved: Faqeer Shahabuddin Ahmad, Attorney-General, with A.T.M. Afzal, Deputy Atto..

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. ......;.... Appellants. Vs. The State and another…………………………. Respondents Judgment August 3, 1973. Lawyers involved: Abdur Rahman Chowdhury, Advocate, ins­tructed by S. M. Huq, Advocate-o..

Category: Criminal Law | Date: | Hits: 49

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. ......ip;…….....Appellant. Vs. The State………………………....Respondent Judgment February 28, 1973. Lawyers involved: Abdul Hamid, Advocate, instructed by B. Hossain, Advocate-on-Record.&mdash..

Category: Criminal Law | Date: | Hits: 44

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. ......al Mazumder Vs. State AIR 1955 Cal. 599; Shamsuddin Sarker Vs. State, 11 DLR (SC) 365; Hariballav Saha Vs. Gopiballav Saha, 11 DLR (SC) 394; Mozhanil Huq Vs. Ishaque Sardar, 14 DLR (SC) 251. Lawyers involved: Khan Bahadur Naziruddin Ahmed, Advocate, instructed by Mr. Behtar Ali, Adv..

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. ...... 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 Criminal Appeal No.72 of 1970). Lawyers involved: Promode Chandra Bose, Advocate, instructed by B. C. Panday, Advocate-on-Re..

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. ......ers Vs. Emperor, AIR 1945 (PC) 94; Superintendent and Remembrance of Legal Affairs, Government of Bangladesh Vs. Jobed Ali and others, 26 DLR page 1; Haji Md. Akil Vs. The State, 25 DLR page 126. Lawyers involved: Faqeer Shahabuddin Ahmed, Attorney General (Mahniudul Islam, Assistant Attorney..

Category: Criminal Law | Date: | Hits: 104

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

....e Respondent No. 4. Faqueer Shahabuddin Ahmed, Attorney General instructed by Abdul Wadud Bhuiya, Assistant Attorney-General – Under Order LV rules of the Supreme Court (Appellate Division) Rules, 1973. Respondent Nos. 1-3—Not represented. Civil Appeal No 4 of 1974. (On appeal......uq Chowdhury………...Appellant. Vs. The Returning Officer and Circle Officer, (Dev.) Double Moorings, Chittagong, and others ………….……Respondents Judgment April 17, 1974. Lawyers involved: S. R. Pal, Senior Advocate, instructed by B.C. Panday—For the Respondent No. ..

Category: Election Law | Date: | Hits: 133

Abdur Rashid Vs. The State, 1975, 4 CLC (AD)

....for the offence of murder and was sentenced to death. In appeal before the High Court his conviction was challenged on the ground that the provisions of rule 2, Part C, Chapter 24, Vol. III of the Rules and Orders of the High Court were not complied with and that the Advocate who was appointed t......   Cases Referred to- Khadim Vs. The Crown, P.L.D. 1954 Lahore 69; Abdul Gani Vs. The State, 19, DLR. Dacca 388; The State Vs. Puma Chandra Mondal 22 DLR. Dac. 280. Lawyers involved: Abdur Rashed, Advocate— For the Appellant. Khan, Advocate-o..

Category: Criminal Law | Date: | Hits: 66

Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)

....e consideration money put the vendee into possession of the property transferred, sale has been effected. Thus the sale as con­templated under the Mohammedan Law has been recognised. The Rules of Mohammedan Law provide that the formalities are to be strictly perform­ed by the pre-e....... Yakub ILR 16 All. 344; Sitaram Bhaurao vs. Jiaul Hasan Khan AIR 1923 P.C. 41; Jadu Lal Sahu vs. Janaki Koer (1900) 35 Cal 575. Naresh Chandra Dutta vs. Girish Chandra Das ILR 62 Cal. 972. Lawyers Involved: S. K. Pal, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record..

Category: Property Law | Date: | Hits: 45

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

....wyers Involved: Ahmed Husain, Senior Advocate instructed by Aminul Huq, Advocate-on-Record—For the Appellants. K.A. Bakr, Attorney General, B. Hossain Advocate-on-Record.—Rule 1, Order XLV, Supreme Court (A.D.) Rules, 1973. Ex parte—Respondent. Civi.....................Appellant Vs. Debendra Nath Dutta ……………………...........Respondent Judgment. April 9, 1980. Lawyers Involved: Ahmed Husain, Senior Advocate instructed by Aminul Huq, Advocate-on-Record..

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

Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)

....right of Kol-karsha. In the result, we do not find any subs­tance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......ip;……………….Appellant Vs. Mohammad Idris and others…………Respondents Judgment April 16, 1981 Lawyers Involved: M.H. Khandkar, Senior Advocated instructed by B.C. panday Advocate-on-Reco..

Category: Property Law | Date: | Hits: 45

Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)

....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......ar Bose and another.....................Appellant Vs. Syed Shamsuddin Ahmed and another…………….Respondents Judgment April 22, 1981 Lawyers Involved: S.R. Pal, Senior Advocate, Md. Yasin, Ad­vocate, with him, instructed ..

Category: Property Law | Date: | Hits: 54

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. ......vs. L.O. Reilfy. 17 C.W.N.; Sanjibi Raddy vs. Konary Raddy, 1926 I.L.R. 49 Mad. 315; Ahmedbhai vs. Framji (1903) I.L.R. 28 Bom 228; Golapjan vs. Bholanath Khattry (1911) I.L.R. 38 Cal. 888. Lawyers Involved: Md. Nurul Huq, Advocate-on-Record—For the Appellant.  ..

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. ......rs…………………….Appellants Vs. Ahmuda Khatun and others...................Respondents Judgment July 10, 1978. Lawyers Involved: T.H. Khan, Senior Advocate instructed by S.M. Haq, Advocate-on-Record&mdas..

Category: Property Law | Date: | Hits: 47