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

....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......dvocate, with him), instructed by Md Aftab Hossain, Advocate on Record—For the Respondent No.1. Ex-parte- For the Respondent Nos. 3-13. Civil Appeal No. 103 of 1984 (From the Judgment and order dated 18th January 1984 passed by the High Court Division, Comilla Bench, in Civil Revision No......ur, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......ppellant is that Gagan Ali sold the premises to him by a registered sale-deed dated 8 December 1953 (Ext.l) and delivered possession to him. Thereafter he possessed it by inducting different tenants, one Hasmatullah (P.W. 4) being one such tenant. After the tenancy of Hasmatullah was terminated the ..

Category: Property Law | Date: | Hits: 37

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

....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 ......or the Respondent Nos. 1. Mohammad Ayub, Advocate on Record —For the Respondent Nos. 2—4. Ex-parte-For the Respondent Nos. 5 & 6. Civil Appeal No. 166 of 1983. (From the judgment and order dated 13th April, 1983 passed by the High Court Division, Dhaka, Beach in Civil Revision No. 1...... as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......(Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Mymensingh…… …………………………………Appellant Vs. Abani Kanta Chakra..

Category: Property Law | Date: | Hits: 37

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

....rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......or Advocate instructed by N.H. Khondkar, Advocate- on-Record—For the Despondent No. 1. Ex-parte—For the Respondents Nos. 2 & 3. Civil Appeals No. 146 of 1983. (From the judgment and order dated 10.8.83 passed by the High Court Division, Dhaka, in Civil Revision No. 525 of 1980.) ......er as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......upreme Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka & another …………………………….....Appellants vs. Md. Alauddin al..

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

Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)

.... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ...... Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 37 of 1985 (From the Judgment and order dated 17-1-83 passed by the High Court Division, Dhaka in Death Reference No.9 of 1980 and Cri......d and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......ttending expedience dictate such a trial for arriving at correct determination of disputed facts…………………….(8) Burden of proof The burden to prove its case is on the prosecution alone. If the prosecution fails to discharge that burden, the accused is entitled to acquittal, even i..

Category: Criminal Law | Date: | Hits: 60

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. ......itle Suit No. 193 of 1981 are the same, the later was rightly stayed by the Subordinate Judge, Third Court, Dhaka, till disposal of the former case. Judgement of the High Court Division rejecting the order is set aside. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Md Fazlul Hague, Advoca......r as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......her submitted that the subject matter of the Miscellaneous Case and the Title Suit may have arisen on the same loan but they are different since the suit is for having a full and true account of the money advanced and interest received and further for a declaration that the compromise decree passed ..

Category: Banking Law | Date: | Hits: 121

The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)

....ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......y the High court Division, Dhaka in Application Nos. 6, 7, 8, 9 and 10 of 1981.) Judgment Badrul Haider Chowdhury J.—These five appeals by special leave are directed against the judgment and order passed by the Division Bench of the High Court Division in Application No. 6 of 1981. 2. ......r as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......his Case is also Reported in: 38 DLR (AD) (1986) 66. ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

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

.... 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.......Appeal No. 54 of 1985). B. Hossain, Advocate on Record—For the Appellant-on-Record—For the Respondent (in both the appeals). Criminal Appeals No. 25 and 54 of 1985 (From the judgment and order dated 14 August 1984 passed by the High Court Division, Comilla Bench, in Criminal Appeals No.......cused-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.......ppeals from their conviction and sentence passed by the Special Judge, Comilla, under the Criminal Law Amendment Act, 1958. Two questions call for determination in these two appeals by special leave; one, which is purely a question of interpretation of Statutes, is whether the provision for taking c..

Category: Criminal Law | Date: | Hits: 69

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

....carryout the purposes of this Act and such officer or officers shall have such duties and powers in respect of the regulation of matters pertaining to printing press, books and papers, printers and publishers as the Government may assign." 11. Since the Government has not appointed any office......lation of the provisions of the Act. Private complaint of such grievances lies against the appellants under the Printing, Press and Publication (Declaration & Registration) Act,1973. Thus, the order of the High Court Division is upheld. Cases Referred to- Surendra Nath Sarkar vs. Kali P......rder 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. ...... Bench (Mr. Justice Abdul Bari Sarker) on 22nd July 1984. 2. One Mr. Atiq owned the Press in question, being Shafiq Press at 43, Bangla bazar, Dhaka Under the provisions of the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972), the Press beca..

Category: Criminal Law | Date: | Hits: 59

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

....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......ring 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 such. Government order in support of the contention in the said notice. From the aforesaid it may be concluded that...... as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......ed J M/s Hajee Mohammad Ali & Sons…..Appellant Vs. Burma Eastern Ltd. & others…………Respondents Judgment July 22, 1985. Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the pet..

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. ......, instructed by Zinnur Ahmed, Advocate-on- Record—For Respondent No.1 Md. Aftab Hassain, Advocate-on-Record— For Respondent No. 2. Criminal Appeal No. 38 of 1984. (From the judgment and order dated 4.6.84 passed by the High Court Division, Rangpur Bench, in Criminal Revision Case No. 6...... 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. ...... J.-This appeal by special leave is directed against the judgment and order of the High Court Division, Rangpur Bench, in Criminal Revision Case No. 66 of 1983 affirming the conviction of the petitioners under section 379 of the Penal Code. They were sentenced to suffer R.I for 3 months and to pay..

Category: Criminal Law | Date: | Hits: 53

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

....�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. ...............Respondent Judgment April 1, 1985. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act V of 1898), sections 421, 422, 423 The appeal challenging the order of conviction cannot be disposed of only in respect of the period of sentence even on consent ......et 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. ......d against conviction and sentence it is permissible for appellate court to dispose of the appeal only on the question of sentence within hearing the same on merit. 2. Facts are as follows: Petitioner, along with another, were tried and convicted under section 365/342 B.P.C and they were senten�..

Category: Criminal Law | Date: | Hits: 62

Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)

.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......cation of the share register under section 38, simultaneously in the same petition before the Company Judge, in not maintainable and cannot be disposed of together ………..(23) Where winding up order had intervened whereby rights of creditors were made paramount, application for rectification ............... Respondents (In both the appeals). Judgment August 22, 1984. Result: The appeals are allowed. The Companies Act, 1913 (VIII of 1913), Sections 38, 162, 184 The prayer for winding up of the Company under section 162 of the Companies Act and Prayer for rectification of the ...... Badrul Haider Chowdhury J.-These appeals by special leave is directed against the order of the Company Judge in Matter No.3 of 1982. 2. Respondents filed an application for winding up the petitioner No. 1 Company under section 162 of the Companies Act and in the same self application they also..

Category: Company Law | Date: | Hits: 195

Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)

....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......cree dated 26th May, 1982 passed by the High Court Division in Second Appeal No. 293 of 1976). Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against judgment and order passed by the High Court Division in Second Appeal No. 293 of 1976. 2. The appellants as pl......owed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......cised in open assertion of hostile title. Isolated fact of user cannot constitute adverse possession in law. Once a tenancy comes into existence the tenant cannot convert his tenancy into a permanent one by doing any act adverse to the landlord……(7 & 8) The suit being not barred by Limit..

Category: Property Law | Date: | Hits: 63

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

....view of the High Court Division in refusing to quash the proceeding. 14. In fairness it must be stated that the High Court Division, Chittagong delivered judgment on 5.2.84 and this decision was published in DLR February, 1984 and as such it can be said that this decision was not available befo......onspiracy and abetment of the offence has been described. So, it could not be said that the proceeding against the Respondents will be an abuse of the process of the Court. The Appeal is allowed. The order of quashment is set aside and the trial of Sessions Case no. 407 of 1982 is now to proceed. �......render 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. ......d the FIR giving detail of the cause of apprehension and the circumstances leading to making the fetal blow upon the victim by principal Accused Saifuddin @ Saifa and involvement of the Accused Petitioners in the conspiracy and abetment of the offence has been described. So, it could not be said tha..

Category: Criminal Law | Date: | Hits: 105

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

.... secured 1,103 votes and respondent No.3 got 413 votes. 6. On 20th June 1984 the result of the fresh election of the Union Parishad declaring the appellant as Chairman of the Union Parishad, was published in Dhaka Gazette, Extra-ordinary. On 24th June 1984 the appellant was sworn in as Chairm......e date. The election of respondent No.3 as Chairman was also declared invalid. 5. On 20th May 1984 the Election Commission directed for holding of fresh election in Ward No.3 in pursuance of the order passed by respondent No. 2 on 9th May 1984. Accordingly on 7th June 1984, election was held in......ribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......t must be prompt in denying the allegation by filing written statement. 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 A..

Category: Election Law | Date: | Hits: 152

Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)

....aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......d: M. Golam Rabbani, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Ex-Parte—For the Respondent. Civil Appeal No. 47 of 1985. (From this judgment and order dated 11.6.84 passed by the High Court Division, Rangpur Bench in Civil Revision No. 1244 of 1...... to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......f 1978, in the Court of Sub-ordinate Judge, Bogra, under section 96 of State Acquisition and Tenancy Act for pre-empting lands purchased by the appellants vide registered sale deed dated 17.4.75 from one Abiran Bibi. The respondent claimed that was a co-sharer to the transferred holding. 4. The a..

Category: Property Law | Date: | Hits: 52

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. ...... as noticed, to consider both the points, namely, as to the bonafide requirement and the adjustment of the taxes paid by the tenant in pursuance of a distress warrant. It was noticed in the leave order that it was a case of first impression. 6. Mr. Khondker Mahbubuddin Ahmed, the learned Coun......der as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......ision in Second Appeal No. 974 of 1967. Leave was granted to consider the question whether the view of the Appellate Court below that the bonafide requirement of the lessor would be fulfilled if only one room is spared and whether the adjustment of taxes which were paid by the tenant in pursuance of..

Category: Property Law | Date: | Hits: 59

Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)

....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......n, Senior Advocate, with Huq Bhuiyan, Advocate, instructed by S. S. Huda, Advocate-on-Record. —For the Respondents. Civil Appeal No. 90-D of 1968. (From the judgment and order dated 29-6-66 passed by the Dacca High Court in F. A. No. 91 of 1961). Judgment: ......en stated above. There will be no order as to costs. Ed. ......Supreme Court of Pakistan which granted the leave prayed for. 2. The plaintiff instituted the suit claiming to have taken a permanent lease of the suit property by registered deed from-one Modhusudan Saha for a consideration of Rs. 12,000/- on the 22nd November, 1951. The plaint..

Category: Property Law | Date: | Hits: 37

Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)

....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. ......960-61 in time, i.e., by the 21st May, 1964. The respondent then moved the Commissioner of Income-tax (hereinafter referred to as the Commissioner) under section 33A challenging the validity of the order of the Income-tax Officer leaving the additional tax. The commissioner did not give the effect......and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......s 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. ......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. ......ppeals abated. In the circumstances these appeals abate. Ed. ...... The Queen Vs. The Justice of the County of London and the London County Council, in (1893) 2 Queen's Bench Division 476 (492); Gancshmulla Surana Vs. Nagraj Surana, 56 C.W.N. 812; The Commissioner of Agricultural Income-tax, West Bengal Vs. Tarek Nath Mukherjee, 53 CW.N. 725; Province of Bo..

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

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