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Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)

..... ......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J The Government of the People’s Republic of Bangladesh, represented by the Deputy Commissioner, Pabna…………&helli......o;s Republic of Bangladesh, represented by the Deputy Commissioner, Pabna…………………………………Appellant Vs. Md. Kobad Ali and others…. ………………&helli......c of Bangladesh, represented by the Deputy Commissioner, Pabna…………………………………Appellant Vs. Md. Kobad Ali and others…. ……………………&h..

Category: Procedural Law | Date: | Hits: 102

Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)

....neys to an enemy firm, and to provide for the administration and disposal by way of transfer or otherwise of enemy property and matters connected therewith or incidental thereto, the Central Government may appoint a Custodian of Enemy Property for Pakistan and one or more Additional Cus...... and Disposal Order (1966) therefore continued in force automatically as Rule 182 continued in force, there having been no necessity for a separate legislation for this purpose. After emergence of Bangladesh as an independent State, Ordinance No. 1 of 1969 was repealed by Act XLV of 1974 namely,......todian, Vested and Non-Resident Property, Chittagong and others .............................Respondents Judgment September 24, 1986 Cases Referred to- Rahima Aktar Vs. Asim Kumar Bose 1985 BLD (AD) 155; Watson v. Winch, 1 K. B. (1916) 688; Surtees v. Ellison (18......t. A. Y. Salehuzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record —For the Respondent No. 1. A. W. Bhuiyan, Additional Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on -Record—For the Amicus Curiae. Ex parte—For the R..

Category: Property Law | Date: | Hits: 70

Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)

....s been made to Articles 14 29, 30(3) and 3l (d). Article 14 empowers the Corporation to appoint officers and employees, etc. on such terms and conditions as it may deem fit. Article 29 empowers the Government to make rules for carrying out the purposes of the Ordinance. Article 30(2) provides that......st’s. Ed. ......sion (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Bangladesh Biman Corporation..........Appellant Vs. Syed Aftab Ali and others……………….......Respondent Judgment May 14 1986. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..

Category: Employment/Service Law | Date: | Hits: 97

Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)

....ial Tribunal, Punjab AIR 1957 SC 354; Udit Harain Singh Malpaharia vs. Additional Member Board of Revenue, AIR 1963 SC 786; Zahirul Huq Vs. Ejamul Huq (1982) 34 DLR AD 25; Abdul Khaleque Bains vs. Government of Bangladesh, Civil Appeal No. 21 of 1986. Lawyers Involved: T. H. Khan, ...... M.H. Rahman J A.T.M. Afzal J Md. Ayub…………………………..……….Appellant Vs. Bangladesh represented by the Secretary, Ministry of Works & others……..Respondent...... Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Ayub…………………………..……….Appellant Vs. Bangladesh represented by the Secretary, Ministry of Works & others……....... Appellate 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 Md. Ayub…………………………..…&h..

Category: Property Law | Date: | Hits: 31

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. ......lso in imparting technical education and training in computer science and technology. The company got a clientele of 300 computer systems and its customers include, among others, Banga Bhaban. Bangladesh Biman, Defence Intelligence Directorate, Power Development Board, T & T Board ...... 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...... Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellants. Asrarul Hossain, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No. 38 o..

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

M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)

....cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ...... Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal. J M/S. Zaman and Co. represented by its Proprietor N. Zaman…………....Appellant Vs. Bangladesh Sugar and Food Industries Corporation and ors………...Respondents ......ry J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal. J M/S. Zaman and Co. represented by its Proprietor N. Zaman…………....Appellant Vs. Bangladesh Sugar and Food Industries Corporation and ors………...Respo......Appellant Vs. Bangladesh Sugar and Food Industries Corporation and ors………...Respondents Judgment August 24, 1986. Cases Referred to- Md. Chand Miah Sowdagar Vs SMH Rahman 1985 BLD 337; Kalu Vs. Sowaria 27 1C 703. Lawyers Inv..

Category: Civil Law | Date: | Hits: 84

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

....asmuch as the previous rent was Tk. 72,000/00 and calculating enhanced rent of 50% the total would come to Tk.1,08,000/00 and not Tk. 1,30,000/00 as was worked out. This position was accepted by the Government and the appellant was allowed to pay rent at Tk. 1, 08,000/00 per year vide Annexure E (1...... 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…………………………………………………………….Respond......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…………………………………………………………….......7 SC. 2149 ; Kekhraj S. Lalvani Vs. Dy. Custodian AIR 1966 (SC) 334; Har Shanker AIR 1973 (SC) 1121; M/s. Momin Motor Vs. Regional Transport Authority PLD 1962 108; Chairman Chittagong Pourashava Vs. Md. Amjad Khan 1980 B.S C.R. 54; M/S. Radha Krishna Agarwal Vi. State of Bihar and others AIR 1977 P..

Category: Property Law | Date: | Hits: 87

Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)

....a and create a boundary wall but they were prevented from doing so by defendant No. 2 and his wife defendant No. 1 Defendant No. 2 in the meantime wrote a letter (Ext. 4) to the Minister of Commerce, Government of Bangladesh, alleging that the transaction under the conveyance, Ext. 1, was not a sale......pellants is maintainable. 2. Plaintiff-respondent it the Jiban Bima Corporation. It is the Successor of the erstwhile Homeland Insurance Company in that under the President's Order No. 95 of 1972-Bangladesh Insurance Nationalisation Order-the entire undertaking, of the said Company stood trans...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J ATM Afzal J Feroza Majid and another……………….... Appellant Vs. Jiban Biman Corporation......................Respondent Result: The appeal is dismis......Supreme Court with him, instructed by Sajjadul Huq, Advocate on Record—For the Appellants. Asrarul Hossain, Senior Advocate, A. B. M. Khairul Huq Advocate, Supreme Court, with him instructed by Md. Nurul Huq, Advocate on Record—For the Respondent. Civil Appeal No. 6 of 1985. (From ..

Category: Others | Date: | Hits: 104

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. ......nue receipt and not capital receipt." 6. The High Court Division took the view that "by the termination there was a complete stoppage of business so far as the agency of Bangladesh River Steamers Ltd., was concerned." and in this view of the matter, it was held th...... 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 ......s. C.I.T. AIR 1965 S.C. 65; C.I.T. Vs. Chari & Chari Ltd. AIR 1966 S.C. 34; Karam Chand Thapra 80 I.T.R. 167. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. Exparte —For Responden..

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

Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)

....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......adrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Present: Dira Dockyard and Engineers Ltd. and others.... Appellants Vs. Bangladesh Shilpa Rin Sangstha & others…………Respondent Judgme......J Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Present: Dira Dockyard and Engineers Ltd. and others.... Appellants Vs. Bangladesh Shilpa Rin Sangstha & others…………Respondent ......s. Industrial Development Bank. (1966) 18 DLR (SC) 354; PLD 1966 SC 1938. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate on Record—For the Appellants. A KM. Nazrul lslam, Advocate..

Category: Business or Commercial Law | Date: | Hits: 100

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

....name was mutated in the landlord's Sherista nor did he possess the land nor paid any rent but Jobbed alone possessed the entire land and paid rent first to the landlord and then to the Government after State Acquisition. By the two Mortgage-deeds (as referred to above) Jobeda and her......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. ......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 ......vendralal 38 C.W.N. PC 285; Adiluddin 5 PLR (Dae) 302; Lala Hera Chand 1942 A.I.R P.C. 64; Radhamoni 27 I.A. P,C 136; Bharat Pillai 46 IA. 285; Pillai AIR 1942 Mad. 622; Bhavrao 23 Bom. 137; Siddik Md. Sha AIR 1930 P.C 57; Secy, of State vs. D.L. Khan 61 I A, 78 (P.C) =38 C.W.N. 285; Maharaja Sr..

Category: Property Law | Date: | Hits: 50

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

.... and the superior landlord and the defendants possessed the suit land openly and adversely. They further pleaded that after the acquisition of the rent receiving interests the said land vested in the Government and the defendants had become tenants directly under the Government and the Government ha......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......da Rly. 39 CWN 552P.C.; D.M.D. National Bank vs. Ataul Huq, DLR (SC) 74. Lawyers Involved: S R Pal, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellants. Md. Fazlul Karim, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respon..

Category: Property Law | Date: | Hits: 34

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

....porary injunction restraining defendants from dispossessing them till the disposal of the suit. 3. Plaintiffs' predecessor purchased the suit land in 1929 and had been in possession on payment of Government revenue. P.S. khatian stand in the names of plaintiff who made construction of a one-stor......vocational training and the land under acquisition is necessary for implementation of the plan which is undoubtedly a public purpose…………………….(29) Cases Referred to- Ali Jan Vs. Bangladesh 37 DLR (AD) 161; Khondker Ehteshamuddin @ Iqbal 33 DLR (AD) 154; Federation of Pakistan V......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. ...... Fazle Munim CJ.— This appeal arises from Civil Revision No. 128 of 1978 decided by a Bench of the High Court Division, Chittagong (Mr. Justice Fazle Husain Mohammad Habibur Rahman and Mr. Justice Md. Abdul Jalil) on 21st January 1985. 2. Appellants who are plaintiffs filed O.S. No. 19 of 197..

Category: Property Law | Date: | Hits: 48

Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)

....is true, not a suit for title or possession but for a declaration that the suit land is not vested and non-resident property and that being so relief is sought against the Government. Had not the Government in the meantime leased out the suit land to anybody, obviously no such interest would hav......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......Appellate Division (Civil) Present: F.K.M.A.Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J Waliullah Munshi…………………………... Appellant Vs. Lodu Mia Patwary & others………………..Respondent Judgment January 19, 1986........ J. Mohammad Ali, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record. — For the appellant. T. H. Khan, Senior Advocate, M. A. Wahhab Mia, Advocate with him instructed by Md. Aftab Hossain, Advocate-on- Record— For respondent No. 1. EX-parte- Respondent Nos. 2-5. ..

Category: Property Law | Date: | Hits: 42

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

....ntonment, Ministry of Defense & others………………………Respondent Judgment Augusr 3, 1986. The Civil Procedure Code, 1908 (V of 1908), Order XXVII, rr. 1 & 2 The Government by a Notification dated 14th December, 1955, authorised certain officers to sign and ve......adrul 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 Cantonment, Ministry of Defense &a......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

Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)

....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......- Bhagwan Singh vs. Ujagar Singh, AIR 1928 PC 20; Chunder Dhutt Misser Vs. Bhagwat Narain Thakur (1898-99) 3 CWN 207; Secretary, Ministry of Industries Vs. Saleh Ahmed(1981) BLD 91 AD; Planters (Bangladesh) Ltd. Vs. Mohaluxmi Book Ltd. (1985) 37 DLR 129 AD; Profulla Choron Requittee vs. Satya C......on (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Srish Chandra Das................................................................... Appellant Vs. Sri Sri Chatteswari Debi Bigraha, represented by Shebaits: Chandra Shekhar Chakraborty &......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..

Category: Criminal Law | Date: | Hits: 88

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

....owing the accused absconding, and though warrant of arrest was issued against them by the Chief Metropolitan Magistrate Dhaka, they never appeared in the Court, stead, on there behalf an order of the Government under the signature of a Section Off was produced before the Magistrate. It was to the ef......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......sed. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Petitioners (In both the case). M. A. Wahhab Miah, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents (In both the cases). Criminal Petitio..

Category: Criminal Law | Date: | Hits: 71

Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)

....��………………..Appellant Vs. Md. Sadeq & another …………………………….....Respondents Judgment March 6, 1986. Result: The appeal is dismissed. The Local Government (Union Parishad) Rules, 1953, Rule 49 Re-counting of ballot papers. A Tribunal orde......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......rt Appellate Division (Civil) Present: FKMA Munim CJ Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Shajahan……………………………………..Appellant Vs. Md. Sadeq & another …………………………….....Respondents Judgment Mar...... This Case is also Reported in: 38 DLR (AD) (1986) 275. ..

Category: Election Law | Date: | Hits: 140

Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)

....is directed against the judgment and order passed by the High Court Division, Rangpur Bench, in Civil Revision No. 228 of 1985. Appellant filed an election petition under section 26 of the Local Government (Union Parishad) Ordinance No. LI of 1983 before the Election Tribunal challenging the ej......ce outside the centre. Reliance was placed on (1975) 27 DLR 307 and the learned District judge observed: ''It has been further held is the case, Imam Uddin Sarkar Vs. Election Commission of Bangladesh and others, that the Presiding Officer can not take away the ballot boxes to any place ......il) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M Afzal J Md. Badrul Alam Chowdhury……………………….Appellants Vs. Md. Abdul Mannan and others……………………..Respondents Judgment January 19, ......38 DLR (AD) (1986) 270 ..

Category: Election Law | Date: | Hits: 126

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

....ration as required under section, 7 and 12 of the aforesaid Act was not obtained from the authority mentioned therein, namely, District Magistrate, Kushtia. The impugned order is as follows: "Government of the People's Republic of Bangladesh, Office of the District Magistrate, Kushtia.......of the aforesaid Act was not obtained from the authority mentioned therein, namely, District Magistrate, Kushtia. The impugned order is as follows: "Government of the People's Republic of Bangladesh, Office of the District Magistrate, Kushtia. Memo No. P-III/11-85/203-C dated 16.4......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......d 129; Vine vs. National Dock Labor Board, (1956) 3 All England Report, 939. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, (Mahbubey Alam, Advocate with him), instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. A.W. Bhuiyan, Additional Attorney-Gene..

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

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