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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. ......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. ......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. ......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. ..

Category: Banking Law | Date: | Hits: 121

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

....med thus: ''Whether on the facts and circums­tances of the case the Tribunal was jus­tified in allowing the appeal setting aside the order of the Appellate Joint Commi­ssioner as well as of the Deputy Commis­sioner under section 18A imposing addi­tional amount of tax and whether notice under......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. ......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. ......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. ..

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

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

....-Divisional Officer and made an allegation apprehending some foul play on the part of their nephew Sonaullah Akhan. After some enquiry the Sub-Divisional Officer referred the matter to the Additional Deputy Commissioner (Re­venue) to whom the Certificate Officer was directly subordinate. The Additi...... 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....... 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.......rly section 4 which simply provides that the Special Judge shall have jurisdiction to take cognizance of any offence upon a complaint of facts constituting such offence or upon a report in writing by Police-officer. The learn­ed Single fudge is of the view that when this Special Judge has got power..

Category: Criminal Law | Date: | Hits: 69

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

....Act and are, therefor, liable to punishment under section 4 thereof. It was furtherer disclosed that the appellants had subsequently subscribed a declaration which was authenticated by the Additional Deputy Commissioner as Dis­trict Magistrate on 4th January 1984. It was opined by the complainant t......the trial. Subject to these observations, the order 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. ......d: K Z Alam, Advocate instructed by Md. Aftab Hossain. Advocate-on-Record—For the Appellants. Syed Sakhawat Ali, Advocate-on-Record— For the Respondent. A.W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Re­cord. —Amicus curiae. Criminal Appeal No 1......the trial. Subject to these observations, the order 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. ..

Category: Criminal Law | Date: | Hits: 59

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

.... the Managing Partner of the firm came to learn that the petrol pump was taken over by respondent No. 1 and was han­ded over to respondent No. 2 with the assis­tance of respondent No. 3, Additional Deputy Commissioner, (Development) Chittagong. Since then the petrol, pump is being run by responden......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. ......litical pressure exten­ded by respondent No. 2 no legal relief could be obtained by him. However, on 13th January 1975 a formal legal notice was served on the Deputy Commissioner, Chittagong and the General Manager, Burmah Eastern Ltd. With the request to restore the filling station to the appellan......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. ..

Category: Business or Commercial Law | Date: | Hits: 118

Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)

....SC) 1744; Md. Joynal and others vs Md. Rustam Ali Mia and others, Bangladesh Case Reports 1984 AD 19. Lawyers Involved: Aminul Huq, Advocate-on-Record-For the Appellants. M. Moazzem Hassain, Deputy Attorney General, instructed by Zinnur Ahmed, Advocate-on- Record—For Respondent No.1 Md......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. ......ynal and others vs Md. Rustam Ali Mia and others, Bangladesh Case Reports 1984 AD 19. Lawyers Involved: Aminul Huq, Advocate-on-Record-For the Appellants. M. Moazzem Hassain, Deputy Attorney General, instructed by Zinnur Ahmed, Advocate-on- Record—For Respondent No.1 Md. Aftab Hassain,......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. ..

Category: Criminal Law | Date: | Hits: 53

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

....av vs. State of Bombay, AIR 1960 (SC) 748; Dahu Raut's case, 62 Ind, App. (AIR 1935 P.C. 89). Lawyers Involved: Miah Abdul Gafur Advocate-on-Record— For the Appellant. M. Moazzem Hossain, Deputy Attorney-Ge­neral, instructed by M.R. Khan, Advocate-on- Record—For the Respondent Crim......­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. ......­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. ......­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. ..

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. ...... 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. ...... 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. ...... 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. ..

Category: Company Law | Date: | Hits: 195

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

....ondents who are enlarged on bail will now surrender 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. ......ondents who are enlarged on bail will now surrender 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. ......ondents who are enlarged on bail will now surrender 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. ...... passed by the High Court Division, Chittagong Bench, in Criminal Revision Case No. 203 of 1983. 2. Complainant is the appellant. On 19.10.79 complainant petitioner lodged an F.I.R. to Fatickchari Police Station, stating inter alia, that they have various litigations with the respondents and appr..

Category: Criminal Law | Date: | Hits: 105

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. ......eal No. 17-D of 1970. Lawyers involved: M.H. Khondkar, Senior Advocate, instructed by S.S. Hoda, Advocate-on-Record For the appellants. Syed Ishtiaq Ahmed, Additional Attorney-General with Mahmudul Islam, Assistant Att­orney- General, instructed by A.W. Mallik, Advocate-......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. ..

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

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. ......espondent Judgment            March 17 & 18, 1975. Lawyers involved: Syed lshtiaq Ahmed. Additional Attorney General, M. Nurullah, Advocate, instructed by S. M. Haq, Advocate-on-Record-For the Appellant. ......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. ..

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: ......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: ......r promotion to the cadre of officer Class-II and further that their seniority for the purpose of promotion to the cadre of Officer Class-II should he coun­ted from the date of their transfer to the General side as clerk Grade-II. The three respondents Shamsul Huda Khan Mozammel Huq Khan and ......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: ..

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

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

....ed to the petition, directing that the tri­angular plot marked 'A' therein be derequi­sitioned but since no action was taken in pur­suance of that order, he made a representation to the Additional Deputy Commissioner (Re­quisition) Dacca who on the basis of the direc­tion of Mr. Madani took the......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. ...... May 2, 1975. Lawyers involved: S. R. Pal, Senior Advocate, with S. C. Das, Advocate, instructed by A. Rab-II, Advocate-on- Record.—For the Appellants. Faqeer Shahabuddin Ahmed, Attorney-General instructed A. M. Khan Chowdhury, Advocate-on- Record—For the Respondents No. 1-3. Shams......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. ..

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 suc­ceeds. 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. ......d by the learned Additional Attorney-General thus suc­ceeds. 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. ......t: The petition is dismissed. Lawyers involved: Md. Ansar Ali, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. —For the Petitioner. Syed Ishtiaq Ahmed, Additional Attorney-General—For the Government. Civil Petition for Special Leave to Appeal No. 47 of 1973. (Fro......d by the learned Additional Attorney-General thus suc­ceeds. 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. ..

Category: Constitutional Law | Date: | Hits: 148

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

....tively and on 10-11-69 the Superinten­dent of Excise suddenly looked the office and factory1 of the firm and the attempt to get re­lease of the same did rot succeed. Subse­quently Mr. M. A. Majid, Deputy Magistrate and Deputy Collector, purporting to act as Administrator, reopened the factory on ......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. ......ansur 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, Assistant Attorney-General, instructed by A.W. Mallik, Advocate-o......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)

....rne, 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 Attorney-Gene­ral, Mahmudul Islam, A. Wadud Bhuiyan, Assistant Attorney General, instruc......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. ......; 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 Attorney-Gene­ral, Mahmudul Islam, A. Wadud Bhuiyan, Assista......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. ..

Category: Criminal Law | Date: | Hits: 85

Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)

....ner were without jurisdiction, as the case was investigated by an Assistant Inspector of D.A.B. whereas sub-section (5-A) of section 5 of Act II of 1947 lays down that no Officer below the rank of Deputy Superintendent of Police shall investi­gate any offence punishable under section 5 of th......r. Abdul Hamid appearing on behalf of the petitioner contended that the conviction and sentence passed against the petitioner were without jurisdiction, as the case was investigated by an Assistant Inspector of D.A.B. whereas sub-section (5-A) of section 5 of Act II of 1947 lays down that no Offi......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. ......ction, as the case was investigated by an Assistant Inspector of D.A.B. whereas sub-section (5-A) of section 5 of Act II of 1947 lays down that no Officer below the rank of Deputy Superintendent of Police shall investi­gate any offence punishable under section 5 of that Act without an order o..

Category: Criminal Law | Date: | Hits: 44

Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)

....R (SC) 251. Lawyers involved: Khan Bahadur Naziruddin Ahmed, Advocate, instructed by Mr. Behtar Ali, Advocate-on-Record — For the Appellant.   A. T. M. Masud, Deputy Attorney General instructed by A. M. Khan Chowdhury, Advo­cate-on -Record—For the ......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. ...... Lawyers involved: Khan Bahadur Naziruddin Ahmed, Advocate, instructed by Mr. Behtar Ali, Advocate-on-Record — For the Appellant.   A. T. M. Masud, Deputy Attorney General instructed by A. M. Khan Chowdhury, Advo­cate-on -Record—For the Respondent. ...... two persons at the instigation of the appel­lant who promised to pay them Rs. 2000/- and had paid Rs. 1000/- in advance. This amount was subsequently recovered from the co-accused Nagar Bashi. Police investigated the case and submitted charge sheet and the Learned Magistrate after examinatio..

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. ......;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. ......;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. ......;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)

....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. ......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. ......membrance 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 General with him) instructed by Mr. Abu Backkar, Advoca......ccused of non-bailable offences. Sub-section (1) of this sec­tion provides that when a person accused of any non-bailable offence is arrested or detained without warrant by an Officer-in-Charge of a Police Station or appears or is brought before a Court, he may be released on bail, but he shall not..

Category: Criminal Law | Date: | Hits: 104