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Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ...... Cases Referred to: Jagadish Bhargava Vs. Jawaharlal Bhargava and others A.I.R. 1961(S.C.) 832; Secretary of State for India Vs. Mask & Co. L. B. 67 I. A. 222 = A.I.R. 1940 P.C 105; Abdul Rouf and others Vs. Abdul Hamid Khan in 16 D.L.R. (S.C.) 515; Phool Chand Vs. Gopal Lal, rep...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ...... Mahmud Husain, C. J. Ahsanuddin Choudhury, J. D. C. Bhattacharya, J. Fazle Munim, J. Dacca Improvement Trust…………….Appellant. Vs. Waliullah and others……………....Respondents Judg..Category: Procedural Law | Date: | Hits: 99
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
..... 375; Abdul Majid Vs. Khalil 12 D.L.R. (S.C.) 132. Lawyers Involved: S.R. Pal, Senior Advocate, with S.C. Das, Advocate, instructed by A. W. Mian, Advocate-on-Record—For the Appellant. Md. Nurul Advocate-on-Record—For the Respondent. Civil Appeal No. 100-D of 1968. (From t......tary of State, L.R, 56 LA. 223 = 33 C.W.N. 725=A.I.R. 1929 Cal. 152; Ramji Patal Vs. Rao Kishore Singh, L.R. 56 LA. 280 = 33 C.W.N. 893 = A.I.R. 1929 P.C, 190; Misrailal Vs. Mst. Surji, 9 D.L.R. 375; Abdul Majid Vs. Khalil 12 D.L.R. (S.C.) 132. Lawyers Involved: S.R. Pal, Senior Advocate, wi......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......Supreme Court Appellate Division (Civil) Present: Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Khondkar Mohiuddin…………...Appellant. Vs. Syed Moin Ahmed…………....Respondent Judgment August 13, 1976. Cases referr..Category: Tenancy Law | Date: | Hits: 68
....l)
Present:
Syed AB Mahmud Husain CJ
Ahsanuddin Chowdhury J
Kemaluddin Hossain J
Lal Meah, being dead his heirs Momena Khatun & others………..Appellants.
Vs.
Haji Md. Ibrahim Meah and others......Respondents
Judgment
November 28, 1975.
Result:
The ......Ramzan did not subsist. He referred to two judgments, one in Title Suit No. 5 of 1947, and the other S.C.C. Suit No. 290 of 1941, Exts. 7(a) and 11. He also referred to Ext. F, written statement of Abdul Majid, father of defendant No. 1. Along with them, he considered Ext. 10, Khatian No. 234, rel...... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ......ion
(Civil)
Present:
Syed AB Mahmud Husain CJ
Ahsanuddin Chowdhury J
Kemaluddin Hossain J
Lal Meah, being dead his heirs Momena Khatun & others………..Appellants.
Vs.
Haji Md. Ibrahim Meah and others......Respondents
Judgment
November 28, 1975.
Re..
Category: Property Law | Date: | Hits: 82
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......ted in: 28 DLR (1976) (AD) 38. ......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ...... Fazle Munim J Abdul Quader Chowdhury and others...............Appellants (In Criminal Appeal No. 28 of 1974). Sk. Sarwaruddin……..... Appellant (In Criminal Appeal No. 29 of 1974). Vs. The State ………………...Respondent Judgment February 10, 1976. Result: T..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ...... submitted a charge-sheet against them. Besides the complainant P.W.I, four other witnesses, namely, P.W. 2 Syed Ali Gazi, P.W. 3 Noor Mohammad Mondal, P.W. 4, Afazuddin Biswas and P.W. 5 S.I. Abdul Bari were examined in respect of recovery of the incriminating articles. 4. The learn......that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ...... F.K.M.A. Munim J Abdur Razzaque & anr………………..Appellants. Vs. The State............................Respondent Judgment Jan. 14, 1976. ..Category: Criminal Law | Date: | Hits: 64
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....ocate, Supreme Court, instructed by A.M. Khan Chowdhury Advocate-on-Record—For the Appellant. Asrarul Hosain, Senior Advocate will Mohammad Hassan, Advocate Supreme Court instructed by Md. Nurul Huq, Advocate-on-Record—For the Respondent in C.A. No. 15-D/71 S.R. Pal, Sen.......) 89; Russell (Inspector of Taxes) Vs. Scott. 1948 A.C. 422, and Davigdor Goldsmid Vs. Inland Revenue Commissioners 1953 A.C. 347 Income Tax, Madras Vs. Mir Mohammad Ali 1964 (53) ITR, 165; Abdul Wahab Vs. The Crown, 7 DLR (FC) 87. Lawyers Involved: A. W. Chowdhury, Senior ......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ...... Ahsanuddin Chowdhury J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya, J. The Commissioner of Income-tax Chittagong zone, Chittagong.............Appellant. Vs. M/s. Everett Orient Line Corporation and others........... Respondents Judgment ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....d, Additional Attorney-General, with Mahmudul Islam, Assistant Attorney-General, instructed by A.W. Mallik, Advocate-on-Record.—For the Appellants. Ahmadur Rahman Khan, Advocate, instructed by Md. Nurul, Huq, Advocate-on-Record.—For the Respondent. Civil Appeal No. 10 of 1972. (From......en considered by the various High Courts in the subcontinent in several cases. 23. A Single Judge of Allahabad High Court appears to have had an occasion to consider this question in the case of Abdul Ghani Vs. Dindayal reported in I.L.R. 41 All. 576, where it was held that the authority of the......ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ......ppellate Division (Civil) Present: Syed A.B.M. Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J D. C. Bhattacharya J Government of Bangladesh & ors........Appellant Vs. M/s. Samir & Co…………..Respondent Judgment November 20, 1975. Cases ref..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ......ommissioner of Income-tax East Pakistan, PLD 1958 (S.C.) 81; Harjina & Co. (Pak) Ltd., Karachi Vs. Commissioner of Income Tax (Central) P.L.D. 1963 Karachi, 996. Lawyers Involved: Abdul Wadud Chowdhury, Sr. Advocate, instructed by Mr. A. M. Khan Chowdhury, Advocate-on -Record&md......urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ...... A. B. Mahmud Hussain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J. The Commissioner of Income Tax, Dacca Zone........Appellant Vs. M/s. Gulistan Cinema Co...................Respondents Judgment 17th..Category: Fiscal/Taxation Law | Date: | Hits: 126
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......nts Vs. Benodini Dasi, being dead her heirs Bepin Behari Das and others.........Respondents Judgment July 30, 1975. Cases Referred to: Syed Abdul Karim and others Vs. Harendra Chandra Dhupi and others, 14 D.L.R. 847; Jamiyat Ali Vs. Mrs. C......ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ...... A. B. Mahmud Hussain J Ahsanuddin Choudhury J Kemaluddin Hossain J Debash Chandra Bhattacharya J Matilal Sikder & ors……... Appellants Vs. Benodini Dasi, being dead her heirs Bepin Behari Das and others.........Respondents ..Category: Property Law | Date: | Hits: 54
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....ellate Division (Civil) Present: Syed ABM Husain CJ Debesh Chandra Bhattacharya J Fazle Munim J Amir Sultan Ali Hyder................................ Appellant. Vs. Md. K. Alam alias S. Alam & others............. Respondents Judgment July 1, 1977. R......ndustries, (1974) 36 DLR 157 and Bangladesh Fisheries Society Ltd. Vs. Chairman, Labour Court, (1975) 27 DLR 367. (Vide. Afsaruddin Bhuiyan vs. Wajed Ali Khan, (1952) 4 DLR 442). Waned Ali Vs. Haji Abdul Wahed, (1954) 6 DLR 206, Shamsul Huq Sikdar Vs. Election Tribunal and others (1975) 27 DLR 392...... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295....... Appellate Division (Civil) Present: Syed ABM Husain CJ Debesh Chandra Bhattacharya J Fazle Munim J Amir Sultan Ali Hyder................................ Appellant. Vs. Md. K. Alam alias S. Alam & others............. Respondents Judgment July 1, 197..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....Abdul Karim Chowdhury of the simple mortgage, brought a suit being No. 151 of 1926 in the second court of Munsif, Sadar, Chittagong, on that simple mortgage deed against the successors-in-interest of Md. Ashraf Chowdhury, the present respondents. That suit was ultimately compromised on 28th Februa......Judge, Chittagong for redemption of a kot-mortgage. Their case was that Mohammad Ashraf Chowdhury, their predecessor-in-interest had executed on 37th of Aswin, 1374 M.E. a kot-mortgage in favour of Abdul Karim Chowdhury, predecessor-in-interest of the defendant-appellant for a sum of Tk. 1500/- Th......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......Supreme Court Appellate Division (Civil) Present: Ahsanuddin Choudhury J Fazle Munim J KM Subhan J Nuruzzaman Chowdhury…………………………………….Appellant Vs. Asrarul Hoque Chowdhury and others……………...Respondents. Judgement April 7, 19..Category: Property Law | Date: | Hits: 64
Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
.... Vs. The Chairman, Second Labour Court, Dacca and others..............Respondents Judgment June 14, 1977. Lawyers Involved: B.N. Chowdhury, Advocate, with Md. Ismail Khan, Advocate, instructed by S. M. Huq Advocate-on-record—For the peti......e employee, one relating to his inducting a wrong person in the mills by changing the name and address of a Badli worker Serajul Huq, and the other was his issuing a false leave order to a worker, Abdul Hamid. Mr. Chowdhury argues that the employee was not given an opportunity to examine his wit......c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. .......M. Hussain CJ A. Chowdhury J K. Hossain J D.C. Bhattacharya J Fazal Munim J Bikash Ranjan Das…………............ Petitioner. Vs. The Chairman, Second Labour Court, Dacca and others..............Respondents Jud..Category: Labour and Industrial Law | Date: | Hits: 151
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....Appellate Division (Civil) Present: Syed A.B.M. Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Md. Shaukat Ali Mia…………………………......n Ahmed, Advocate, with Zahir, Advocate & Md. Akkas Ali, Advocate, instructed by Abdur Rab II, Advocate-on- Record—For the Appellant. Adv. Yeasin, Advocate, instructed by Md. Abdul Aziz Advocate, on-Record—For Respondent No. 2. Respondent No. 1-3-7. &n......r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding before the Administrator. Ed. ...... D.C. Bhattacharya J Fazle Munim J Md. Shaukat Ali Mia………………………………….. Appellant. Vs. Administrator of Wakfs and others ……….....Respondent. Judgme..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ......s in the case of Joygun Bibi Vs. State 12 D.L.R. (S.C.) 157 and in the case of Maqbool Hossain vs. State in the same volume at page 217. Joygun Bibi faced a trial along with one Abdul Majid for abetting the murder of her husband Abdus Samad. Abdul Majid implicated Joygun Bibi ......boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ...... (Criminal) Present: Syed A.B.M. Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J The State.....................Appellant. Vs. Fazu Kazi alias Kazi Fazlur Rahman and others .................Respondents. ..Category: Criminal Law | Date: | Hits: 80
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....upreme Court Appellate Division (Criminal) Present: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hosain J Debesh Chandra Bhattacharya J Fazle Munim J Md. Abdur Rahim Mondal............Appellant Vs. The State................. Respondent Ju......passed by the Government; while the order of conviction and sentence passed against the appellant was upheld by the High Court Division. 4. The case of the prosecution briefly stated was that Abdul Jabbar Dewan along with his wife, children and nephews Abu Bakar, Altaf Hassain and Amjad Hoss...... by the Government; while the order of conviction and sentence passed against the appellant was upheld by the High Court Division. 4. The case of the prosecution briefly stated was that Abdul Jabbar Dewan along with his wife, children and nephews Abu Bakar, Altaf Hassain and Amjad Hossain wh......l) Present: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hosain J Debesh Chandra Bhattacharya J Fazle Munim J Md. Abdur Rahim Mondal............Appellant Vs. The State................. Respondent Judgment April 21, 1977. Result: The ap..Category: Criminal Law | Date: | Hits: 63
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ......m was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ......ourt Appellate Division (Civil) Present: A.M. Sayem CJ Muhammad Abdullah Jabir J Ahsanuddin Choudhury J Abdur Rahim Afroze.......................................Appellant Vs. B. C. Aga and Co. Ltd. and others…………………… Respondents Judgment Februar..Category: Business or Commercial Law | Date: | Hits: 86
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....14 DLR (SC) 81 (86) = PLR 1962 (SC) 102 (106); Hari Vishnu vs. Ahmed Ishaque AIR 1955 (SC) 233, Syed Yakoob vs. Radha Krishnan AIR 1964 (SC) 477. Lawyers Involved: Mainul Hossain, Advocate with Md. Joynal Abedin, Advocate, Mozammel Huq Khan, Advocate—For the Appellant. Sultan Hossain Khan......nces having a strong bearing upon the quantum of punishment had been either ascertained or not correctly estimates the High Court." 10. The Supreme Court of Pakistan reiterated this view again in Abdul Khaliq Vs. State, PLD 1964 (SC) 482 at page 494 in refusing to interfere with a sentence on st......nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ......Mahmud Hossain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Yusuf Sk. alias Sk Abu Yusuf.................................Appellant. Vs. Appellate Tribunal and another............................... Respondent. Judgment A..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.... cream He Bank Ltd. Vs. SardarKishan Singh, AIR 1963 Pun. 230; Income Tax, AIR 1955 S.C. 74 ; Shyamlal Vs Jagannath, AIR 1969 Cal 424; Fhtcrotts case (1883) 21 Ch. 519 (CA.); Abdur Rahim Vs. Syed Abu Md. Bark at AH LR55 IA 96—32 CWN 482-AIR 1928 ' P.C 16— ILR Cal. 519 ; Asmatunnessa Begum Vs. As......Fhtcrotts case (1883) 21 Ch. 519 (CA.); Abdur Rahim Vs. Syed Abu Md. Bark at AH LR55 IA 96—32 CWN 482-AIR 1928 ' P.C 16— ILR Cal. 519 ; Asmatunnessa Begum Vs. Ash-ruff Ali (1888) ILR 15 Cal. 438; Abdul Gani Vs. Dunne, (1892) ILR 20 Cal. 4i8 ; Paresh Nath Singh Vs. Naba Gopal Chattopadhya (1901) ......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......risdiction (Civil) Present: AB Mahmud Husain CJ Ahsanuddin Choudhury J Debesh Chandra Bhattacharya J Fazle Munim J Punjab Ali Pramanik and others.................Appellants. Vs. Mohd. Mokarram Hossain... ……………….Respondents Judgment March 4, 1976. Re..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......pany, from 3rd December, 1959 till the passing of the impugned order, and held that the Company paid regularly all the balance instalment1! of the premium of the lease, the name of the Company M/S. Abdul Tayab Jiwaji was replaced by the new name of the Respondent company in all the relevant offi......show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......azle Munim J Bangladesh and another……………………………………………Petitioners. Vs. M/S. A. T. J. Industries Ltd. and others................. Respondents Judgm..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ...... Judgment April 15, 1977. Lawyers Involved: Faqeer Abdul Mannan, Advocate with M.B. Rahman Advocate, instructed by S.M. Huq, Advocate on Record&mdash......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......Chowdhury J D.C. Bhattacharya J Kumar Ram Narain Roy Chowdhury & anr....................Appellants Vs. Sonatannessa Bibi & ors.......................................... Respondents ..Category: Civil Law | Date: | Hits: 108
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