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Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)

....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......ter No. 21 of 1986 pending before the High Court Division, 2. The application for winding-up the company was filed by respondent No. 1, M. Al-Amin, the Chairman and his mother, Dr. Jahanara Begum, a Director, they hold 50% of the total shares of the company while appellant No. 1, Shafquat...... Present: Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Shafquat Haider & others………………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August......as however refused though two Films (motion pictures) got the same name, 'Virginia'. The ground for refusal was that there were two producers in two countries, one in India and the other in United States of America; the Indian film was in Urdu with Indian cast in black end white, depicting an im..

Category: Intellectual Property Law | Date: | Hits: 239

Sharping Matshajibi Samabaya Sa­mity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)

....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdic­tion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdic­tion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......vil) Present: FKMA Munim CJ Badrul Haider Chow­dhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sharping Matshajibi Samabaya Sa­mity Ltd.....................Appellant Vs. Bangladesh & others…………………………………………………………….......……………………….Respondent Judgment September 23, 1986. Cases Referred to- Divisional Forest Officer Vs. Bishwanath Tea Co. Ltd. AIR 1981 (SC) 1368; Radha Krishna Agarwal Vs. State of Bihar AIR 1977 (SC) 1496; Bihar Eastern Gangetic Fishermen Co-operative Society Ltd. Vs Sip..

Category: Property Law | Date: | Hits: 87

Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)

....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ...... MH Rah­man J ATM Afzal J Sree Monoranjan Banik and another……………………………….Petitioners Vs. Sree Nitya Ranjan Karmakar & others………………&......gs. The learned Single Judge also relied on Md. Jabed Ali and others v. Rakhal Chandra Mondal and others, 33 DLR (AD) 309 wherein this court held that ''when a valid order under section 117 of the State Acquisition and Tenancy Act is on record, and the order has been given effect to, the Civil C..

Category: Property Law | Date: | Hits: 43

Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)

.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ...... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ...... Vs M/S. Macneil & Kilburn Ltd., Adamjee Court, Dhaka....................Respondent Judgment August 3, 1986. Cases Referred To- AIR 1932 (PC) 138: C.I.T Vs. K Rahman & Co. Ltd 1980 B.T.D. 242: C.I.T. vs. Vizir Sultan & Son 36.I.T.R. Goderaj Co ......mination of the agency business of the assessee. In that case the assessee was appointed as sole selling agent and sole distributors for the cigarettes man­ufactured by the company in Hyderabad State. That was the agreement in 1913. In 1939 the assessee was given discount for goods sold outsi..

Category: Fiscal/Taxation Law | Date: | Hits: 84

Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)

....nd allow the appeal. The appell­ants are acquitted of the charge leveled aga­inst them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......nd allow the appeal. The appell­ants are acquitted of the charge leveled aga­inst them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......d J M.H. Rah­man J A.T.M. Afzal J Siraj Miah & another………………………………Appellants Vs. State & another……………………&helli...... M.H. Rah­man J A.T.M. Afzal J Siraj Miah & another………………………………Appellants Vs. State & another…………………………&..

Category: Criminal Law | Date: | Hits: 57

Sufia Khanam Chowdhury Vs. Faizun Nesa Chow­dhury, 1987, 16 CLC (AD)

....irection for amendment of the plaint is set aside and that of the trial Court is resto­red. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......irection for amendment of the plaint is set aside and that of the trial Court is resto­red. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......  M. H. Rahman J A.T.M. Afzal J Sufia Khanam Chowdhury………………………….Appellant (in both the cases) Vs. Faizun Nesa Chow­dhury...........................Respondent (in both the cases) ......irection for amendment of the plaint is set aside and that of the trial Court is resto­red. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 86

Hazera Begum and others Vs. Roushan Ara Be­gum and others, 1987, 16 CLC (AD)

....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismi­ssed. There will, however, be no order as to costs. Ed. ......ate Division (Civil) Present: F.K.M.A Munim CJ Badrul Haider Chowdhury J  Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Hazera Begum and others………………………Appellants ......sp; Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Hazera Begum and others………………………Appellants Vs. Roushan Ara Be­gum and others……………Respondents ......araja B. Singh (1953) 5 DLR 251; Jalil Sikder (1975) 27 DLR (AD) 143; Mohar Ali (1977) 27 DLR 451; Izat B. Sarkar 21 DLR S.C, 444; Subah Lai AIR 1932 (All) 393; Balaram  24 CWN 1057; Secy, of State Vs. Devendralal 38 C.W.N. PC 285; Adiluddin 5 PLR (Dae) 302; Lala Hera Chand 1942 A.I.R P.C. ..

Category: Property Law | Date: | Hits: 50

Narendra Nath Basu Roy and another Vs. Municipal Commit­tee, Mymensingh, 1986, 15 CLC (AD)

....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ...... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Narendra Nath Basu Roy and another……………………………Appellants Vs. Municipal Commit­tee, Mymensingh................................Respondents Judgment A......s: "For acquisition of rent-receiving interest. Notification No. 4835-L.R. dated the 2nd April 1956:- "In exercise of the power conferred by sub-section (1) of section 3 of the East Bengal State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951), as amended by the East..

Category: Property Law | Date: | Hits: 34

Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)

....r Chowdhury, J. Order of the Court By the majority decision, the appeal is dis­missed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......r Chowdhury, J. Order of the Court By the majority decision, the appeal is dis­missed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......ion (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Nur Muhammad & others.....................Appellants Vs. Moulvi Moinuddin Ahmed & others.........Respondents Judgment February 18, 1986. ......€¦.(29) Cases Referred to- Ali Jan Vs. Bangladesh 37 DLR (AD) 161; Khondker Ehteshamuddin @ Iqbal 33 DLR (AD) 154; Federation of Pakistan Vs. Saeed Ahmed PLD 1974 (S.C) 151 (168); Secretary of States vs. Mask & Co. 44 CWN 70—AIR 1940 PC 105; Mian Mohammed Latif vs. Province of West Paki..

Category: Property Law | Date: | Hits: 48

Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)

....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ...... Defence of accused Juma and Meghu, who are brothers, is that they were in possession of a part of the disputed land on which they had erected a hut a few months before the incident but one Khursheda Begum, daughter of Haji Hatem Ali, a close neighbor of the deceased, engaged the deceased, Idris as ......on (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Muslimuddin & others………………………Appellants Vs. The State………………………………….Respondent Judgment Feb 20, 1986. ......inal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Muslimuddin & others………………………Appellants Vs. The State………………………………….Respondent Judgment Feb 20, 1986. Result: ..

Category: Criminal Law | Date: | Hits: 56

Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)

....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......ivision (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Mrs. Amena Hoque……………………………………Appellant Vs. Rajab Ali & others……………………………….……Respondents Judgment Apri......(V of 1898), sections 265H, 265F, 265C & 339C The Sessions Judge cannot pass an order of acquittal without complying with the provisions under section 265F Cr.P.C. In a criminal trial the State being the prosecutor, it was the duty of the State to secure attendance of the witnesses and f..

Category: Criminal Law | Date: | Hits: 38

Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)

.... of the learned Company Judge are modified ac­cordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... of the learned Company Judge are modified ac­cordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rah­man J A.T.M. Afzal J Ghyasuddin Ahmed ……………………………………………...Appellant Vs. Q.N. Faruque & others........................................Respondents Judgment March...... of the learned Company Judge are modified ac­cordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..

Category: Business or Commercial Law | Date: | Hits: 111

Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)

.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......resent: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rah man J A. T. M. Afzal J Maqsood Alam………………………………………….Appellant Vs. The People's Repub­lic of Bangladesh, represented by the Military Estate Offi­cer, Dhaka Ca...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..

Category: Tenancy Law | Date: | Hits: 108

A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)

....rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......riminal) Present: F K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M H. Rah man J A. B. M. Tofayel Ahmed...........................Petitioner (In both the cases) Vs. Sheikh Aminuddin & others………….. Respon­dent (In both the cases) Judgment May 8...... Shahabuddin Ahmed J.-The ace petitioners are seeking special leave to appeal from an order of the High Court Division dated 28 May, 1985 setting aside a Magistrate's order by which he allowed the State to withdraw from prosecution against them under section 494 Cr. Procedure Code two Criminal Ca..

Category: Criminal Law | Date: | Hits: 71

Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)

....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed with­out, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed with­out, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......llate Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J A. T. M. Afzal J Abdul Hadi Bepari ................................Appellant Vs. Safaruddin Mondal and others.........Respondents Judgment March 12, 1986. The Code C......ri ................................Appellant Vs. Safaruddin Mondal and others.........Respondents Judgment March 12, 1986. The Code Civil Procure, 1908 (V of 1908), section 148 The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), section 96(1) (4), clause (b) of section 9..

Category: Property Law | Date: | Hits: 51

Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)

....­cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......­cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......ivision (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhuri J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Waliul Bari Chowdhury...........................Appellant Vs. District Magistrate, Kushtia arid others…………………....Respondents Judgment J......­cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256...

Category: Information Technology Law | Date: | Hits: 226

Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)

.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......l) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rah­man J A. T. M. Afzal J Mohitullah Pk. @ Mohitullah & others………….....Appellants. Vs. The State........................................................Respondent Judgment ......t: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rah­man J A. T. M. Afzal J Mohitullah Pk. @ Mohitullah & others………….....Appellants. Vs. The State........................................................Respondent Judgment Feb 10, 1986..

Category: Criminal Law | Date: | Hits: 45

Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)

....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J TM Masud J Syed Md. Mohsen Ali J Abdul Mannaf Khan and others……..Appel­lants (In both cases). Vs. Bangladesh & another…………………………Respondents (In Civil Appeal No. 163 of......late Division affirmed the judgement and decree passed by the High Court Division. Words and phrases Hats and Bazars After the acquisition of the hats and bazaar under the provisions of the State Acquisition and Tenancy Act, 1950, the Government has become the sole authority to establish h..

Category: Property Law | Date: | Hits: 202

Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)

....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......eme Court Appellate Division (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J M. H. Rah­man J A. T. M. Afzal J Abdul Karim Sarker .............Appellant Vs. The State and another …………Respondent Judgment February 9, 1986. Contempt of ...... Appellate Division (Criminal) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J M. H. Rah­man J A. T. M. Afzal J Abdul Karim Sarker .............Appellant Vs. The State and another …………Respondent Judgment February 9, 1986. Contempt of Court ..

Category: Criminal Law | Date: | Hits: 49

AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)

.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ...... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J AKM Ruhul Amin.................Appellant (In Civil Appeal No. 51 of 1985 with Civil Petition No. 140 of 1985) Vs. District Judge and Appellate Election Tribunal, Bhola and others ...Respondents Abul Kalam...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..

Category: Election Law | Date: | Hits: 154