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Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......……Respondents Judgment April 17, 1974. Lawyers involved: S. R. Pal, Senior Advocate, instructed by B.C. Panday—For the Respondent No. 4. Faqueer Shahabuddin Ahmed, Attorney General instructed by Abdul Wadud Bhuiya, Assistant Attorney-General – Under Order LV rules of the......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..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. ......ur Rashid had dealt Dao blows to his step-mother Maleka and ran away towards east. Thereafter he (P. W. 1.) went to the Kaliganj Police Station and lodged a First Information Report. P. W. 6, a Sub-Inspector of Police, having held the investigation in the case submitted charge-sheet against the ......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. ......, P. W. 4 Fazila Khatun and some others including Yasin Sk. that Abdur Rashid had dealt Dao blows to his step-mother Maleka and ran away towards east. Thereafter he (P. W. 1.) went to the Kaliganj Police Station and lodged a First Information Report. P. W. 6, a Sub-Inspector of Police, having he..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. ...... 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. ...... 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. ...... 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. ..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. ......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. ...... Judgment. April 9, 1980. Lawyers 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. ......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. ..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. ......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. ......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. ......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. ..Category: Property Law | Date: | Hits: 45
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. ......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. ......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. ......rovides that the Magistrate may postpone the issue of the process for compelling the attendance of person complained against, and either inquire into the case himself or direct a Magistrate or Police Officer so to do for the purpose of ascertaining the truth or falsehood of the com..Category: Criminal Law | Date: | Hits: 77
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......aider Chowdhury J.- Leave was granted to consider whether Jamuna Oil Company Ltd., a private limited company incorporated under the Companies Act, 1913 is required to hold the Annual General Meeting of the Members, or is a special type of 'one-member Company' established under sect......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 107
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......r is no longer the co-sharer in the holding and has no locus standi to claim pre-emption. It was submitted that the original holding was sub-divided in Separation Case No. 81/59-60 by the Circle Inspector (Revenue) whereby who separate holdings were created— one for jama of Rs. ...... ors, 18 D.L.R(Dacca) 281; Chandra Kumar Maladas vs. Abdul Motaleb and ors, 19 DLR (SC), 36; Wilkinson Vs Banking Corporation (1948) 1 KB, 721 (724). Lawyers Involved: K.A. Bakr, Attorney General, instructed by A, Baset Majumder, Advocate—For the Appellants. Md. Yasin, A......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ..Category: Property Law | Date: | Hits: 48
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 101
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......on and it was argued that the assessment was completed before the Liberation of Bangladesh and it became a debt to the Government then functioning in Bangladesh and in view of section 1(b) of the General Clauses Act as amended by President's Order No.147 of 1972, it became a Government debt an......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....urisdiction to go into the question of testator's title. In that case the Will was executed by one Sital Mal appointing one Surendra Nath Basu as the executor who prayed for grant of a probate. The Deputy Commissioner of the district filed an application for being added as a party in order to op......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
.... Ahmed, Senior Advocate, Mahmudul Islam, Jamiruddin Ahmed, K.Z. Alam with him, instructed by Md. Sajjadul Hug, Advocate-on-Record.—For the Appellant K.A.Bakr, Attorney-General and A.K. Bhuiyan, Deputy Attorney-General with him, instructed by B. Hossain, Advocate-on-Record. —For the Responden......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......Involved: Syed Ishtiaq Ahmed, Senior Advocate, Mahmudul Islam, Jamiruddin Ahmed, K.Z. Alam with him, instructed by Md. Sajjadul Hug, Advocate-on-Record.—For the Appellant K.A.Bakr, Attorney-General and A.K. Bhuiyan, Deputy Attorney-General with him, instructed by B. Hossain, Advocate-on-Re......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Musharraf Hossain Chowdhury................................. Appellants (In C.A. No. 169 of 1979) vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & ors...........Respondent And ......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... its application end requires the administrative authority concerned to base its decision on an objective determination of facts". 15. In the case of Abdur Rahman vs. Collector and Deputy Commissioner (1964) 16 D.L.R (S.G) 470=PLD 1964 S.C. 461 It was held that "principles o...... any lawful authority. Ed. ...... Hamidul Huq Chowdhury, with Asrarul Hussain, Senior Advocates, Md. Khalilur Rahman, Advocate, instructed by M. R. Khan, Advocate-on-Record.—For the Appellant. K.A, Bakr, Attorney-General, with A.W. Bhuiyan, Assistant Attorney-General, instructed by S. S. Huda, Advocate-on-Recor...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
.... vs. Bangladesh (1981) 33 D.L.R (AD) 30. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A- Rib-II, Advocate on Record—For the Appellants. Md. Moksudor Rahman, Deputy Attorney-General, instructed by A W. Mian, Advocate-on- Record.—For the Respondents 1 ......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......(1981) 33 D.L.R (AD) 30. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A- Rib-II, Advocate on Record—For the Appellants. Md. Moksudor Rahman, Deputy Attorney-General, instructed by A W. Mian, Advocate-on- Record.—For the Respondents 1 & 9. ......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ourts shall have power to issue the writs of habeas corpus, mandamus, prohibition, quo warrantor and certiorari. (5) No writ shall be issued against the Chief Administrator of Martial Law, or the Deputy Chief Administrator of Martial Law, or any person exercising powers or jurisdiction under the......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......LD 1977 (SC) 657. Lawyers Involved: MH Khondker, Senior Advocate (Kh. Mahbub Hossain, Advocate with him) instructed by Aminul Huq, Advocate-on-Record—For the Appellant. KA Bakr, Attorney-General (AW Bhuiyan, Assistant Attorney General with him) instructed by B. Hossaion, Advocate-on-Rec......prudence, (2) Dr. Arunenda Biswas, Lecturer of Forensic Medicine, (3) Dr. Mohammed Jahangir, Lecturer of Anatomy, all of Sir Salimullah Medical College and (4) Dr. Sirajul Islam, Assistant Surgeon, Police Hospital, Rajarbag, Dacca. They found two injuries on the dead body that is (1) one cut injur..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......- This appeal arises from the judgment of a Bench of the High Court Division passed in Writ Petition No. 507 of 1976 on December 6, 1977. The respondent who joined the police service in 1962 as a Sub-Inspector of Police was promoted as an Inspector of Police in 1972. When he was Inspector of Police,......he Screening Board dealing with the respondent who belongs to the disciplined force as defined in the Constitution………….(15,16) Lawyers Involved: B. B. Roy Chowdhury, Assistant Attorney General, instructed by M. R. Khan, Advocate-on- Record—For the Appellants. S. K. Pal, Senior A...... arises from the judgment of a Bench of the High Court Division passed in Writ Petition No. 507 of 1976 on December 6, 1977. The respondent who joined the police service in 1962 as a Sub-Inspector of Police was promoted as an Inspector of Police in 1972. When he was Inspector of Police, he was poste..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......r the Appellant. (In Cr. A. 22/1979) Shamsul Huq Chowdhury, Advocate instructed by Aftab Hossain, Advocate-on-Record.—For the Appellant. (In Cr. A. 23/1979) K.A. Bakr, Attorney-General, A.W. Bhuiyan, Assistant Attorney-General, instructed by B. Hossain, Advocate-on-Record--Fo......included in the requisition and acquisition list and his pucca house would be demolished. The complainant was forced to pay him Taka 4,900/- on 13.9.77 and Taka 3,100/ on 25, 10.77. When the Police party, as arranged previously, raided the office room of the appellant and recovered th..Category: Criminal Law | Date: | Hits: 62
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ...... Involved: M.G. Rabbani, Advocate, instructed by B.C.Panday, Advocate-on-Record.—For the Appellants. S.M. Huq, Advocate-on-Rccord.—For the Respondents 3-7 and 9-11. K.A. Bakr, Attorney-General, instructed by B.Hossain, Advocate-on-Record.—Under Rule 1, Order XLV S.C. (A.D.) Rules, 1......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......dgment July 21, 1980. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate instructed by Md. Shafiqur Rahman, Advocate-on- Record—For the Appellant. Abdus Sobhan, Additional Attorney General, with Matiur Rahman, Assistant Attorney General, instructed by M.R. Khan, Advocate-on-Record......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 160
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