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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. ......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. ......the learned Counsel. This appeal is accordingly dismissed with cost. ...... not genuine. The non-judicial stamps which were used as the deed of transfer by the transferor were ante-date and fabricated and the said stamps were not sold to the transferor on the date as mentioned in the stumps. The information slip received from the Rajshahi Collectorate shows the las..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......ppeals). 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 ......he appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ...... the impugned Circular having been issued in exercise of the powers conferred on the Bank by the Staff Regulation, 1956 and under President's Order No. 127 of 1972, its legality canÂnot be questioned. (2) That the view taken by the learned JudÂges of the High Court Division that the sen..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. ......udgement and Order dated 11-7-1969 passed by the Dacca High Court in petition 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 Arti......neral. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......inafter referred to as "The ReÂquisition of Property Act") and praying for a direction to derequisition certain other lands including plot Nos. 713 and 714 of the said Mouza which were also requisitioned under the said Act in L. A. Case No. 142 of 1961-62. 2. The appellant's case was that in L. ..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 sucÂceeds. 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. ......y-General 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, alth......lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......DLR (AD) (1975) 61. ..Category: Constitutional Law | Date: | Hits: 148
Bangladesh Enemy Property ManageÂment Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....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. ......gment and Order dated 7-6-1973 passed by the High Court Division in petition 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 Artic......and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ...... and of no legal effect. Under the aforesaid notiÂfication it was directed that Messrs Indo Pak Pharmaceutical Works Ltd., being an enemy property, all properties and assets of the said firm as mentioned in the schedule of the said notification shall vest in the Additional CusÂtodian of Enemy Prop..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. ...... Muhammad Abdullah Jabir J.—This appeal by special leave is by the Government. It arises out of an order of a Vacation Bench of the High Court Division directing the enlargement on bail of one A.K.M......th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......sp; Muhammad Abdullah Jabir J.—This appeal by special leave is by the Government. It arises out 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..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. ......te-on-Record—For Respondent No. 1. 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. ......nbsp; A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......…. Respondents Judgment August 3, 1973. Lawyers involved: Abdur Rahman Chowdhury, Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Petitioners. S.S. Hoda, Advocate-on-Record—For Respondent No. 1. M. R. Khan, Ad..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. ......B. Hossain, Advocate-on-Record.—For 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). ......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. ......hellip;…....Respondent Judgment February 28, 1973. Lawyers involved: Abdul Hamid, Advocate, instructed by B. Hossain, Advocate-on-Record.—For the Petitioner. Not represented—the Respondent. Petition for Special Leave to Appeal No..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. ......asud, Deputy Attorney General instructed by A. M. Khan Chowdhury, Advocate-on -Record—For the Respondent. Criminal Appeal No. 9-5 of 1971. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca on 27th May, 1970, in the Criminal Revision Case No.......appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......as alias Suresh Chandra Das and Nagar Bashi Mali were committed to the Court of Sessions by Mr. D. H. Chowdhury, Magistrate, First Class, Chittagong for trial, in connection with the murder of one Farida Begum alias Rani and one Delwar Hossain alia Ludu between 11-30 a.m. and 12-30 p.m. on ..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. ......hellip;…………………...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 ......th 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. ......8 and 302/149 of the Penal Code. At the time of trial before the Additional Sessions Judge the charge under section 148 was retained but that under section 302/149 was dropped and two new charges, one under section 302/34 and another under section 307/34, were substituted there for. The acc..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 paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ...... Respondent (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, ......ding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ...... powers conÂferred under Section 426 of the Code was considered in the case of Haji Md. Akil Vs. The State reported in 25 DLR page 126 by a Division Bench of the High Court of BanglaÂdesh, to which one of us was a party in another capacity, and it was held therein that since the provision of Secti..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....nation papers shall be delivered to him. Rule 18 proÂvides for scrutiny of nomination papers and Rule 19 provides that after scrutiny of the nomination papers the Returning Officer shall prepare and publish in a conspicuous place of his office, the list of validly nominated candiÂdates in Form E. ......eal 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 appeal by special leave, is against an order of a Bench of the High Court Division dismissing an application under article 102 of the Const......issed withÂout any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......€”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 Dr. Shafiqur Rahman, were the only contesting candidates for Chairmanship of North Halishahar Un..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....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. ...... Abdur Rashed, Advocate— For the 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.......e 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. ......;tional Sessions Judge Dacca for the murder of Maleka. 3. The accused pleaded not guilty to the charge. The defence case was that accused Abdur Rashid was not at home as he had gone to Pabna to see his Sister two days before the occurrence. In the evening of 4th of Poush, 1374..Category: Criminal Law | Date: | Hits: 66
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. ......hold that the provisions of the Transfer of Property Act superseded the principles of the Mohammedan Law, that is to say, one should look to the statute to find when a sale is complete in order to give rise to the right of pre-emption and not the sale deed. This view has been followed i......ent of the High Court Division is set aside and those of the Courts below are restored. Ed. ......8, 1962 the plaintiff instituted Title Suit No. 124 of 1962 in the second court of Munsif at Brahmanbaria for pre-emption under the Mohammedan Law against the appellants stating, inter alias, that one Jonah Ali Daroga owner for the suit plots in tenure right sold half of the property to the resp..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. ......neral, 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) Judgme......aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......ent in collusion with the transferees, namely, Nurul Hoquue and Amulla Kumar Dutta, allowed them to take possession of the building of the Bank without receiving the balance consideration money amounting to Rs. 8,700/- (iii) That the respondent falsely claimed Rs. 4,495/- towa..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. ......ourse, referred to a great number of decisions; but before we consider the principle of law formulated in those decisions we propose to look into the relevant facts of the case as on record in order to see the inconsistent stand taken by the plaintiff at the crucial turn of events in respect......contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ...... auction on February 19, 1949 and took delivery of possession through Court on July 14, 1949. Case of the plaintiffs is that after about a year i.e. in April-May, 1950 they cams to know that one Basanta Dey and one Surendra Dey, predecessors of defendant Nos. 9 to 12 had, by fraudulen..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. ......e in the entire suit land they are entitled to recover possession of the same on payment of required court fee. This requirement has also been fulfilled in pursuance of the trial court's order for payment of ad valorem court-fee. For the reasons given above, the decision of the ......re restored. No order as to cost. Ed. ......he plaintiff-appellants' partition suit being Title Suit No. 30 of 1958 of the Court of Subordinate Judge, Dacca. 2. The suit land as described in the schedule to the plaint belonged to one Mungro Mali from whom Sachindra Nath Bose, father of the plaintiffs, purchased it by a register..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....committed illegal and immoral 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.&q......cation of such complaint petition is not the true report of the proceeding and the protection under the 4th exception is not available. There is no doubt that the learned Single Judge set aside the order of conviction and sentence on an erroneous view of the law. 15. In the result, therefo...... In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ...... 3. It would be useful to take note of the facts of the case. The appellant Dr. Jamshed Bakht was the Chief Medical Officer, Sylhet District Medical Association and a private Medical Practitioner. He was an Assistant Surgeon, Secretary of the Red Cross, etc. He was also a teacher in ..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. ......ed by 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: ......er of the High Court Division are set aside and those of the Trial Court are restored. Ed. ...... an application under section 24 of the Non-Agricultural Tenancy Act in the Third Court of the Sub-ordinate Judge Dacca. His case was that the 'A schedule property originally belonged to one Samru Goala in whose name C.S. record stood on February 28, 1927. The property was so..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare TrÂust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....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. ......ed by 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 19...... Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......ndent was employed by the appellant as the Public Relations Officer. The Respondent was transferred from the Tabani Beverage Co. Ltd. to Model Electrical Engineering Corporation, another abandoned concern, under the management of the appellant, as Sales Officer. The respondent having n..Category: Employment/Service Law | Date: | Hits: 112
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