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ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......ficit court fees from the plaintiff decree holder the trial court corrected the decree by its order dated 3.9.96. In the meantime the appellants by Chalan No. 13374 dated 23.5.96 deposited in Bangladesh Bank, Sadarghat Branch Dhaka half of the decretal amount as well as the costs of th......rted in: II ADC (2005) 380. ......late Division (Civil) Present: Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J ACKO Industries and Cold Storage Ltd. and another........Appellants Vs. Pubali Bank Ltd. and others.......Respondents Judgment August 7, 1997. ..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....ry J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Referred to- Government of Bangladesh Vs. Zeenat Hossain 1 BLC (AD) 89; State Vs. M. M. Rahmatullah; Satwant Sing......esent: Latifur Rahaman CJ Bimalendu Bikash Roy Chowdhury J AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Ref......atifur Rahaman CJ Bimalendu Bikash Roy Chowdhury J AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. Cases Referred to- ......l) Present: Latifur Rahaman CJ Bimalendu Bikash Roy Chowdhury J AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Hussain Muhammad Ershad...........Appellant. Vs. Bangladesh and others. ...................Respondents. Judgment August 16, 2000. C..Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....oard of Directors, Sonali Bank, Head Office, Dhaka and others...........Respondents Judgment November 20, 1997. Case Referred to: Murari Mohan Deb vs. Secretary to the Government of India, AIR 1985(SC) 931. Lawyers Involved: Dr. Kamal Hossain, Senior A......n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ...... Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mohammed Abdul Naim........Appellants Vs. The Chairman, Board of Directors, Sonali Bank, Head Office, Dhaka and others...........Respondents Judgment November 20, 1997. Case Referred t......esent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mohammed Abdul Naim........Appellants Vs. The Chairman, Board of Directors, Sonali Bank, Head Office, Dhaka and others............Category: Administrative Law | Date: | Hits: 124
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....e and went to the house of her father in the District of Rangpur taking with her two minor sons and has been living there. The plaintiff appellant is a registered Doctor and has been serving in the Government Mohammad Ali Hospital at bogra. After the divorce he has been sending money and clothes ......d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. .........Appellant Vs. Morsheda Parveen.........................Respondent Judgment January 17, 2005. Case Referred to: Md. Abu Baker Siddique Vs. M. A. Bakar and others 6 BLD (AD) 245. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For ......t Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Dr. Md. Rashidul Islam..........Appellant Vs. Morsheda Parveen.........................Respondent Judgment January 17..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and othÂers Vs. Ashit Kumar Mojumder and othÂers, 2005, 34 CLC (AD)
....tion No. 2472 of 1997 and the rule thus obtained was disposed of with the observation "as there is no existence of Rin Shalishi Board on and from 07.06.1992 the same has been abolished by the Government and all activities of the said Board has (sic) been stayed from the date" and there......#2472;ে কন কৃষক জমি বিক্রি করিলে।) he may seek aid of Section 6 of Bangladesh Rin Shalishi Ain, 1989 otherwise the transaction cannot come within the purview of Secti......253. ......sion (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Akkas Ali Biswas and others............ Appellants Vs. Ashit Kumar Mojumder and others.........Respondents Judgment February..Category: Procedural Law | Date: | Hits: 75
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......f Sub-Divisional Magistrate, (Special Magistrate under President's Order No.50 of1972) Moulvi Bazar, Sylhet. 2. On 12th June, 1973 an Inspector of Police, Special Police Establishment, Bangladesh Bank Branch (intelligent Unit) Sylhet, filed an application to the Additional Superin&sh......lip;………Respondent Judgment April 17, 1983. The Scheduled Offences (Special Tribunal) Order, 1972 (President’s Order No. 50 of 1972) section 6 (c) and (e) of the General Clauses Act Clause (c) and (e) of section 6 of the General Clauses A......in Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Ketaki Ranjan Deb……………………………Appellant Vs. The State………………………&hellip..Category: Criminal Law | Date: | Hits: 51
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....est of Ahmadullah Dewanji from whom Golam Rahman and others inherited it was annulled under section 37 of the Revenue Sales Act; (d) That the subsequent settlement (Jama-bandi) from the Government in favour of the defendants and others was perfectly lawful and valid; (e) T......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......7 DLR (AD) (1985) 193. ...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Shafiullah and others .............Appellants Vs. Sultan Ahmed Mir being dead his heirs: Mojibur Rahman Mir and others……&hel..Category: Property Law | Date: | Hits: 55
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....for her removal from the office of the Mutwalli on the ground of her utter negligence in managing and looking after the affairs of the Waqf Estate since she was residing all along with her husband, a Government Officer, in different places of the then Pakistan including Karachi. In due course she re......e set aside and that of the DisÂtrict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......€™s pre-occupation was not a sufficient ground for failure to take steps in the proceeding on the date of hearing. Throughout the long course of the proceeding the respondent is found to be negligent and as such she is not entitled to get benefit of section 14…………..(12) Cases Referred to-...... (1985) 184...Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....ages relating solely to land in other parts of the Presidency could be validly registered by the sub-registrar at Calcutta if the parties merely took the precaution to add, as a last parcel, Government House, Calcutta, or any similar item." The Privy Council, therefore......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......st of a third party has been affected by fraudulent registration with an entry of fictitious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the strength of such kabala the suit for specific performance of contract of the plaintiff w......Munim CJ Badrul Haider Chowdhury J Shahab uddin Ahmed J Syed Kawsar Ali…………………………….Appellant Vs. Gahar Kazi & ors. ……………………&h..Category: Property Law | Date: | Hits: 36
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....ortation for life .…………..(20) Cases Referred To- Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64; State Vs. Ashit Mallick; Abdul Majid Vs. Superintendent and Remembrance of Legal Affairs, Government of East Pakistan, (1964) 16 DLR (SC) 127; PLD 1964 S.C. 422. Lawyers Involved: M. M...... order passed by the High Court Division Principle that guides the Appellate Division in such a matter It is well settled that in criminal matters the Appellate Division of the Supreme Court of Bangladesh does not re-open evidence unless it is shown that the inferences drawn from the evidence ......s well settled that in criminal matters the Appellate Division of the Supreme Court of Bangladesh does not re-open evidence unless it is shown that the inferences drawn from the evidence are perverse and the benefit of doubt given by the Appellate Division was not in accordance with the established ......t Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J The State.......................Appellant Vs. Md. Haroon……………………….Respondent Judgment December 4, 1984. Resul..Category: Criminal Law | Date: | Hits: 64
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....petition is dismissed. The Emergency (Land and Building) Requisition Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public purpose. Once a......61....... Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J ATM Masud J Syed Md. Mohsen Ali J Ali Jan Khan & others……………Petitioners Vs. Bangladesh and others………Respondents (In Civil Petition No. 310 of 1984) Judgment November 20, 1984.......1985) 161...Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....ee appeals arose but of the dispute of the firm named and styled ''M/R. Sikder" formed under a deed of partnerÂship registered on September 1,1968 for the purpose of carrying on contract business of Government and Semi Government organizaÂtions. The partnership is a family concern and the dispute ......................Respondents Judgment April 18, 1983. Result: The Appellate Division has the power to review its judgment acting suo motu. The Constitution of the People’s Republic of Bangladesh, 1972, Article 105 The Appellate Division of the Supreme Court of Bangladesh has the p...... (AD) (1985) 145. ......late Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md Mohsen Ali J Mahbubur Rahman Sikder and others...............Petitioners Vs. Mujibur Rahman Sikder and others...................Respondents Judgment April 18, 1983..Category: Constitutional Law | Date: | Hits: 149
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....nishable under this Ordinance, is a non-cognizable offence and no Court other than a Drug court shall try the offence punishable under this Ordinance.'' It was pointed out that the Government has constituted a Drug Court for Bangladesh with the Headquarter at Dhaka presided by a ......gnizable offence and no Court other than a Drug court shall try the offence punishable under this Ordinance.'' It was pointed out that the Government has constituted a Drug Court for Bangladesh with the Headquarter at Dhaka presided by a Judge with the rank and status of a District......s. The State..................Respondent Judgment April 9, 1985. The Drug Control Ordinance, 1982 (Ordinance No. VIII of 1982), section 22, clauses (b) and (c) Offences which fall within the ambit of the Drug Control Ordinance, 1982 are to be t...... (Criminal) Present: FKMA Munim CJ Badrul Hider Chowdhury J Shahabuddin Ahmed J Kalipada Saha…………..……Petitioner Vs. The State..................Respondent Judgment April 9, ..Category: Criminal Law | Date: | Hits: 59
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
.... Appellant's Counsel before him. Reasonings in his judgment appeared to show that the appellant's Counsel contended before him that the respondent No.1’s rates were abnormally below the Government's estimated rates, and this also showed the possibility of corruption and dishonesty. Th......1984-85. 3. Estimated cost: Tk. 95, 22,490/- 4. Earnest money: Tk. 1, 90, 450/-In favour of E.E. (RHD) Dhaka. Constn, Road Division III in bank draft from any Schedule Patra. 5 years Bangladesh Sanchay Patra and Bonus Sanchay Patra. 5. Time allowed: Up to 30th June, 198. ...... Chowdhury ATM Masud J Syed Md Mohsen Ali J Ummu Kawsar Salabil………………….Appellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment December 4, 1984. Words and Phrases ......Munim CJ Barul Haider Chowdhury J Chowdhury ATM Masud J Syed Md Mohsen Ali J Ummu Kawsar Salabil………………….Appellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment Dec..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... Ed. This Case is also Reported in: I ADC (2004) 371.......Case is also Reported in: I ADC (2004) 371.......Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents Judgment August 5, 2002. Cases Referred T......il) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents Judgment August 5, 2..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e citizen, that the respondent Nos. 3-5 along with their members in the Parliament are boycotting the Sessions of the Parliament for fulfillment of the demand for bringing a bill for Caretaker Government by the Government and thus said act of the respondents and their members in the Parliame...... Md Anwar Hossain Khan (dead) and others……………...Respondents Judgment December 11, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 78 Participation or non-participation by a member of Parliament in...... Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Moudud Ahmed and others..........Appellants Vs Md Anwar Hossain Khan (dead) and others…&he......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
M/s. House BuildÂing Finance CorÂporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....ellant claimed that under section 6 of the Income-tax Act, assessment would be made under three specific heads under three different sections, namely, (i) Income from "interest on Government securities" under section 8, (ii) Income from "business" under section 10......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ...... Commissioner of Income Tax, Dhaka North Zone, Dhaka……………Respondent all cases. Judgment July 16, 1984. Cases Referred To- Sarupchand vs. Commissioner of Income-tax, Bom. (1936) IV ITR. 420; Commissioner of Income-tax, East Pakis......Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. House Building Finance Corporation………………Appellant all cases. Vs. Commissioner of Income Tax, Dhaka North Zone, Dhaka…………&hell..Category: Fiscal/Taxation Law | Date: | Hits: 102
Bangladesh Vs. Abul Kaiser ChowÂdhury and others, 1984, 13 CLC (AD)
....46 of 1965 for declaration that the Government notification dated 21.1.63 showing final publications of the compensation Assessment Roll and vesting of the suit property namely, a hat, in the Government under the State Acquisition and Tenancy Act is invalid and ultra vires. 3. The sai....... ......M Masud J Syed Md. Mohsen Ali J People's Republic of Bangladesh, represented by the Dy. Commissioner, Faridpur.... Appellant. Vs. Abul Kaiser Chowdhury and others. ……………………………......Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J People's Republic of Bangladesh, represented by the Dy. Commissioner, Faridpur.... Appellant. Vs. Abul Kaiser Chowdhury and others. ………………&..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....shall also taken into account." (ii) in sub-section (2), after the words "null and void" the words ''and the land so transferred shall be forfeited to the Provincial Government" shall inserted and (iii) after sub-section 2 so amended, the followi...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ...... Shafiqur Rahman.............Appellant Vs. Idris Ali……………...Respondent Judgment October 31, 1983. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951); Sections 9(1), 9(2), 9(3) Interpretation of Sta......sent: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Shafiqur Rahman.............Appellant Vs. Idris Ali……………...Respondent Judgment ..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......ul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Jarina Khatun & ors................................Appelants Vs. Pulin Chandra Das and others........................Respondents Judgment July 29, 1984. ......unim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Jarina Khatun & ors................................Appelants Vs. Pulin Chandra Das and others........................Respondents Judgment ..Category: Property Law | Date: | Hits: 38
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