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Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)

.... February 24, 1981. Result: The appeal is dismissed. Lawyers Involved: Asrarul Hossain, Senior Advocate, instruc­ted by Syed Sakhwat Ali, Advocate-on-Record—For the Appellant. Md. Nurul Huq, Advocate-on-Record—For the Respondent No. 1. A. Salek, Advocate, instructed by ......uddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Sonali Bank…………….....................................Appellant Vs. Abdul Mannan and others..............................Respondents Judgment February 24, 1981.......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Sonali Bank…………….....................................Appellant Vs. Abdul Mannan and others..............................Respondents Judgment February 2..

Category: Banking Law | Date: | Hits: 129

Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)

....and others... …………………..Respondents Judgment February 25, 1980. Lawyers Involved: Asrarul Hossain, Senior Advocate with Md. Rafiqul Islam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appel......r as to costs. Ed. ......in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Abdul Quddus ……………………….Appellant Vs. Secretary, Cabinet Secretariat. Establishment Division, Govt. of Bangladesh and others....

Category: Employment/Service Law | Date: | Hits: 94

Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

.... Vs. Government of Bangladesh and others...........................Respondents Judgment February 6, 1991 Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney̴......f the plaint, that 14 annas 8 gondas and 2 karas and 2 1cranti share of the suit land belonged to one Ram Proshad Chakraborty and the remaining 1 anna 1 gonda 1 kara and 1 kranti share belonged to Abdul Wazid and 5 others in khas maliki right. From Khatian No. 675, filed by the plaintiffs and ma......rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ...... (Civil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgme..

Category: Property Law | Date: | Hits: 69

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....tan Magistrate, Dhaka is quashed. Ed. ......n the case was filed by one Md, Ataur Rahman, Inspector, DAB, Dhaka on 27.8.87. He himself investigated the case and submitted charge sheet as already stated above against the appellant and one Md. Abdul Khaleque Bain upon which cognizance was taken. 4. From the facts as disclosed in the F......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Alhaj Md. Serajuddowlah……........Accused-Appeallant Vs. The State………………......................Responden..

Category: Criminal Law | Date: | Hits: 51

Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

....a Vs. Hadha Mao AIR 1950 PC 25; Mst. Subhani Vs. Howab, AIR 1941 PC 21; Abdur Rahman Vs. Mst. Mathu, ILR 13 Lah. 458; Rani Sundar Vs. Tej Singh, ILR 17 Lah. 346. Lawyers Involved: Mian Md. Shaft, Senior Advocate, (Mian Hidayat Ali Taib, Advocate with him) instructed by M/s. Siddiq & C......Rahman CJ Sajjad Ahmed Jan J Waheeduddin Ahmed J Mst. Qaiser Khatoon and 12 others.....................................................Appellants Vs. Mvi. Abdul Khaliq and others..........................................................Respondents ......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ...... Hamoodur Rahman CJ Sajjad Ahmed Jan J Waheeduddin Ahmed J Mst. Qaiser Khatoon and 12 others.....................................................Appellants Vs. Mvi. Abdul Khaliq and others..........................................................R..

Category: Civil Law | Date: | Hits: 117

Lutfar Rahman Vs. State, 1973, 2 CLC (AD)

....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ...... Judgment January 29, 1973. The Evidence Act, 1872 (I of 1872), section 103 The Punjub Laws Act, 1872, section 5 The onus is on the defendant to prove that the family of Moulvi Abdul Aziz was governed by custom and that according to that custom he alone was the sole heir of Mo......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......ase is also Reported in: 25 DLR (SC) (1973) 102 ..

Category: Criminal Law | Date: | Hits: 84

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......re will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......rt Appellate Division (Civil) Present: A.M. Sayem CJ Mahmud Hussain J Abdullah Jabir J Bangladesh, substituted in place of Province of East Pakistan................Appellant Vs. Naziruddin Ahmed..............................................................................

Category: Administrative Law | Date: | Hits: 106

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......3) 90. ......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......C) (1973) 90. ..

Category: Others | Date: | Hits: 103

Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)

.... 80. ......itled to any opportunity to show cause against the proposed termination simpliciter of their services where the termination was not made by way of penalty……(4, 5 and 6) Cases Referred to: Abdul Karim Vs. W. P. Province, (1960) 12 DLR (SC) 295; Noorul Hasan Vs. federation of Pakistan, (19......services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ...... (1973) 80. ..

Category: Employment/Service Law | Date: | Hits: 96

Sirajul Islam Vs. State, 1973, 2 CLC (AD)

....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......statement Ex. 43, it appeared that there had already been a shortage of Rs. 2,624-2-0 on the date of assu­mption of charge by the appellant. Hamid Hussain made over charge to his successor cas­hier Abdul Aziz Syed on 30-4-58. Thereafter, the appellant continued to hold the office of Drawing & ......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......1973) 73. ..

Category: Anti-Corruption Laws | Date: | Hits: 142

Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)

....ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......g those days, as he himself had been made to sit on a Division Bench, which was hearing constitutional writs. After this, the appeal finally came to be heard on the 24th of June, 1970, by Mr. Justice Abdul Kader Sheikh of the Karachi Bench, who was on a circuit in Lahore during those days. He dismis......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......n (Criminal) Present: Hamoodur Rahman CJ Sajjad Ahmed Jan J M. R. Khan J Wahiduddin Ahmed J Asif Ali, s/o Ahmed Ali................Appellant Vs. The State....................Respondent Judgment October 30, 1970. ..

Category: Criminal Law | Date: | Hits: 78

M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)

....r of Income-tax, Bihar and Orissa, (3) 48 ITR, 483; Commissioner of In­come-tax Vs. Public Industries P.L.D. 1969, Karachi 606. Lawyers Involved: A. M. Abdullah, Senior Advocate, instructed by Md. Nurul Huq, Advocate-on-Record—For the Appellant. A. W. Choudhury, Advocate, instructed by A......hiraj Sir Kameshwar Singh Vs. Commissioner of Income-tax, Bihar and Orissa, (3) 48 ITR, 483; Commissioner of In­come-tax Vs. Public Industries P.L.D. 1969, Karachi 606. Lawyers Involved: A. M. Abdullah, Senior Advocate, instructed by Md. Nurul Huq, Advocate-on-Record—For the Appellant. A......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ......ate Jurisdiction (Civil) Present: Hamoodur Rahman CJ Abdus Sattar J M. R. Khan J M/s. A. K. Khan Plywood Co., Chittagong................................................Appellant. Vs. The Commission of Income Tax, East Pakistan......................................Respondent ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)

....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......Lawyers Involved: Chowdhury Riasat Ali Khan, Advocate, instructed by Chowdhury Muhammad Aslam Chatta, Advocate-on-record—For the Appellant. Raja Mohammad Anwar, Senior Advocate, instructed by Abdul Karim Sheikh, Advocate-on-Record—For Respondent No. 1. K. M. Bokhari, Assistant Advocate-......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......Asghar. It could not, therefore, be said that a new circumstance was made to appear which justified the pass­ing of a contradictory order". 15. We fail to see why the rule laid down in Farid Vs. Ghulam Hussain and others which must have been brought to the notice of the learned Judge was no..

Category: Criminal Law | Date: | Hits: 96

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....ment and decree of the High Court are set aside and these of the trial Court resto­red. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......ds in connection with the overdraft pay­ment of Rs. 25000/-. Later on the plaintiff, on the 13 May, 1945, gave a further financial assistance of Rs. 5000/- to the defendant No.1 and defendant No. 3, Abdul Samad Sawdagar (now dead), stood surety for the additional liability of Rs. 5000/- by a letter......ment and decree of the High Court are set aside and these of the trial Court resto­red. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......llate Jurisdiction (Civil) Present: Hamoodur Rah­man CJ Abdus Sattar J M. R. Khan J Tripura Modern Bank Ltd. Pakistan Zone, Chittagong................................ Appellant Vs. Khan Bahadur Khalilur Rahman being dead repre­sented by his heir Sultamed and ors.............

Category: Banking Law | Date: | Hits: 230

Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)

....ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ...... Syed Hider Shah vs. Mukhtar Hussain Shah and others PLD 1963 Lah. 548. Lawyers Involved: Aftab Hussain, Senior Advocate, instructed by Wajid Hossain, Advocate on Record—For the Appellant. Abdul Mannan Advocate, instructed by Tanvir Ahmed, Advocate-on-Record—For Respondent No. 1 and 2. ......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ...... (Civil) Present: Hamoodur Rahman CJ Waheeduddin Ahmed J Salahuddin Ahmad J Major Syed Walayat Shah...................................................................Appel­lant. Vs. Mr. Muzaffar Khan deceased represen­ted by Mst. Habiba Khanum and other legal  &nb..

Category: Property Law | Date: | Hits: 61

Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)

....hout any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......Pak 26 DLR (SC) 7. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Azizul Huq Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Abdul Wadud Bhuiyan, Senior Advocate (Ozair Farooq, Senior Advocate with him), instructed by Nawab...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......ivil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Popular Biscuit Limited...........................................Appellant Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh and others.................. Respon..

Category: Business or Commercial Law | Date: | Hits: 94

Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)

....   M Reza Chowdhury J                         Md. Fazlul Karim J              &n......eclaration of the property as the enemy property, the plaintiff has acquired title by adverse possession……..(17)   Lawyers Involved:   Abdul Wadud Bhuiyan, Senior Advocate, instructed by Shar(fuddin Chaklader Advocate-on- Record&mdash......out any order as to costs and the suit is decreed without any costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 173.  ......nbsp;                   Santipada Datta & others…………Appellant Vs. Satish Chandra Das and others……..Respondent  Judgment ..

Category: Property Law | Date: | Hits: 53

Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)

....walliship…..(8)   Case Referred to- Altaf Miah vs Md Anwar Hossain 35 DLR (AD) 108. Lawyers Involved:   Sadat Ali Khan, Advocate, instructed by Md. Hossain, Advocate-on-Record—For the Appellant.   S Ahmed, Advocate-on-......nbsp;                               Moulana Abdul Mannan……..Appellant Vs. Halima Khatun and ors ………Resp...... The appeal is therefore allowed without any order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 158.  ......bsp;                        Moulana Abdul Mannan……..Appellant Vs. Halima Khatun and ors ………Respondents  Judgment   ..

Category: Trust/Waqf Law | Date: | Hits: 209

Giasuddin and another Vs. State, 2002, 31 CLC (AD)

....ion   (Civil)   Present:   Mahmudul Amin Choudhury CJ   Mainur Reza Chowdhury J   Md. Ruhul Amin J   Md. Fazlul Karim J   KM Hasan J ......l reasonable doubt mere long delay in the disposal of the case cannot by itself be a ground to commute the sentence….(14)    Lawyers Involved:   Abdul Malek, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Pet......on.   There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......Md. Ruhul Amin J   Md. Fazlul Karim J   KM Hasan J   Giasuddin and another…… Petitioners   Vs.   State…………………….R..

Category: Criminal Law | Date: | Hits: 47

Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)

....ppellate Division   (Civil)   Present:   Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J     Md. Ruhul Amin J    Hiran Chandra Dey and anothers &he......   Hiran Chandra Dey and anothers ……………………………..Appellants Vs. Md. Abdul Quyum and others……………………….Respo......ame are allowed.   There is no order as to cost.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 126.  ......uhul Amin J    Hiran Chandra Dey and anothers ……………………………..Appellants Vs. Md. Abdul Quyum and others…………………&hel..

Category: Property Law | Date: | Hits: 55