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Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
.... Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......s. Ladulal Jain AIR 1963 SC, 1681. M/s. Anwar and Brothers vs. Bangladesh Shipping Corporation (1995) 15 BLD (HCD) 447. Lawyers Involved: Abdus Samad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Appellant N. I. Bhuiyan, Advocate-on-record- For Respondent Nos.......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......nt: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Habibur Rahman.........................Appellant. Vs. M/S. Uttara Bank Ltd., represented by its Managing Director and others….…… Respondents Judgment July 31, 2005. Result: The appeal is dismiss..Category: Civil Law | Date: | Hits: 130
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......in J Fazle Munim J Amar Chandra Saha........Appellant. Vs. Ajit Kumar Das.........Respondents Judgment June 10, 1976. Lawyers Involved: T. Ali, Advocate, Instructed by Abdur Rab-II, Advocate-on-Record—For the Appellant M. H. ...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......er as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ............Appellant. Vs. Commissioner of Income-Tax, Dacca Zone, Dacca..................Respondent Judgment. July 10, 1980. Result: The appeal is allowed. Lawyers Involved: C.R. Ali, Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Appellant. Hubibul Islam......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......Advocate-on-Record—For the Appellant. Hubibul Islam Bhuiyan, Advocate, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent. Civil Appeal No. 120 of 1978 (From the judgment and order dated April 3, 1975 passed by the High Court Division in Income-tax Reference Case No. 2 o..Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....es Referred to- Jalil Ahmed vs. The Province of East Pakistan (1967) 19 DLR 106; Tanvir Ahmed Siddiky Vs. The Province of East Pakistan (1968)20 DLR (SC) 144. Lawyers Involve: Md. Moksudur Rahman, Dy. Attorney-General, instructed by B. Hossain, Advocate-on- Record —Fo...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J People's Republic of Bangladesh represented by the Deputy Commissioner, Sylhet and others ..........Appellants. &n..Category: Property Law | Date: | Hits: 44
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
....hellip;……………………………………Respondents Judgment March 7,980. Lawyers Involved: Md. Mozammel Huq, Senior Advocate instructed by Md. S. M. Huq, Advocate-on-Record —For the P...... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ...... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ...... the petitions). Not represented—Respondent No. 1 (in all the petitions.) Civil Petition for special leave to appeal Nos. 58 to 60 of 1980. (On appeal from the judgment and order dated 6-6-79 passed by the High Court Division in Writ Petition Nos. 993, 994 and 995 of ..Category: Labour and Industrial Law | Date: | Hits: 110
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......wati vs. Kunwar Digbijoi Singh 26 C.W.N. 490 (P.C.); Bank of Khulna vs. Joti Prokash Milra 45 C.W.N. 25; Chinta Dasya vs. Bhaluka Das, 51 C.L.J-465, 59 C. W. N. 147; Tacoor Deen Tewary vs. Nawab Syed Ali Hossain Khan I LA, 192; Walid Khan vs. Raja Ewaz Ali Khan I8 I.A 44; Mirza Sajjad Hussain vs. Na......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Siddique Ahmed Chowdhury & others….....………Appellants Vs. Gani Ahmed and others …………………………..Respondents Judgment. July 18, 1979. The Moha..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
...., 22 Cal. 131 ; Sheonandan Mahton vs. Emperor, 19 Cr.LJ. 263 ; Subal Chandra Nama Das vs. Abdullah Sheikh, 30 CWN 546 ; Jogesh Chandra Sarkar vs Abdul Gani, 18 Cr.LJ. 626. Lawyers Involved: Md. Meser All, Senior Advocate instructed by S.M. Huq, Advocate-on-Record—For the Appellants. M......erials on record to enable him to decide whether to take cognizance in the matter against the non-charge sheeted present appellants. Leave was granted to consider the aforesaid question Mr. Meser Ali, the learned Counsel appearing for the appellants argued that the High Court Division had passed......oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......llate Division (Criminal) Present: Kemaluddin Hossain, C J. Ruhul Islam, J., Badrul Haider Chowdhury, J. Abdul Jabbar Khan @ Jabbar Khan & ors ……..Appellants. Vs. State and another.......................................... Respondents Judgment January 24, 1980. ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......with possession given to the mortgagee, namely, mortgage by conditional sale when the mortgagee had entered into possession was not covered by sub-section (1)(a), and (5) (Badsha Mia Vs. Mobarrak Ali, 50 C.W.N. 578). Thereafter by amending Act XVIII of 1940 obviously for nullifying those dec......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ...... F. K. M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh………………………… Appellant in all the appeals Vs. Hail Abdul Gani Biswas and others..................Respondents Judgment March 9, 1980. The State Acquisition and T..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....e Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Belayet Hossain and another.................. Appellants. Vs. Md. Abu Taher and others................... Respondents. Judgment January 16, 1980. The Sta......t and so applicable to the section as well. Of the current of decisions three are reported which have been cited at the Bar. 3. The first decision is by Akram C. J. in the case of Haji Md. Jayan Ali vs. Raju Pramanik 53 C.W.N. (1DR) 61. It was held that no appeal lies under the Civil procedur......side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......e is also Reported in: 32 DLR (AD) (1980) 231. ..Category: Property Law | Date: | Hits: 55
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......Case is also Reported in: 32 DLR (AD) (1980) 229 ......e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ...... is also Reported in: 32 DLR (AD) (1980) 229 ..Category: Criminal Law | Date: | Hits: 33
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....udges did hot refer to the facts involved in any one of the writ petitions before them and decided the question of the application of aforesaid Martial Law Regulation on them. Facts in brief are that Md. Ahmad Hasan got a lease for 99 years from the Government in 1963 of plot No. 10-A/4-6, Mirpur Ho......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ...... Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement April 14, 1980. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President Order No. 16 of 1972) a..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......: 32 DLR (AD) (1980) 212. ......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sayed Ali........................................................Appellant. Vs. Sree Gopal Chandra Das and others…….....Respondents Judgment March 11, 1980. The Code of Civil Proc..Category: Procedural Law | Date: | Hits: 96
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
..... He further submitted that Article 7 of the President's Order No. 67 of 1972 and Rule 7 of the Rules framed there-under sufficiently indicate, as held by this Division in the case of Bangladesh vs. Md. Abu Taker 31 DLR (AD) 33, that Article 7 of the President's Order No. 67 of 1972 provides for ...... be urged…………(8) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Supreme Court, (K. Z. Alam and Zamiruddin Ahmed, Advocates, Supreme Court, with him) instructed by Syed Sakhawat Ali, Advocate-on- Record—For the Appellant. Abdus Sobhan, Additional Attorney General, Matiur......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ...... that it was passed arbitrarily or capriciously, which, on the facts on record, cannot be urged…………(8) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Supreme Court, (K. Z. Alam and Zamiruddin Ahmed, Advocates, Supreme Court, with him) instructed by Syed Sakhawat Ali, Advocate-..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
....Tribunal itself solely for the purpose of doing complete justice in the matter...…………(13) Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate with Serajul Huq, Advocate, instructed by Md. Shafiqur Rahman, Advocate-on Record-For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate wi......l Huq, Advocate, instructed by Md. Shafiqur Rahman, Advocate-on Record-For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate with Zamiruddin Ahmed, K Z Alam, Advocate, instructed by Syed Sakhawat Ali, Advocate-on Record—For the Respondent No. 2. Civil Appeal No. 88 of 1979. (From the ju...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ......Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM. Subhan, J Badrul Haider Chowdhury J Afzal Khan ………………………….Appellant. Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other .......Respondents Judgment December 11, 1979. Loc..Category: Election Law | Date: | Hits: 136
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
.... Chandra Kumar Maladas Vs. Abdul Motaleb (1967) 19 DLR(SC) 36; Johar Mill Bhutra Vs. Jatindra Nath Bose 34 C.L.J. 79. Lawyers Involved: Miah A, Gafur, Advocate-on-Record...For the Appellant. Md. Shafiqur Rahman, Advocate-on-Record —For Respondent nos. 1—3. Ex-parte—Respondent Nos. ......lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ......lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ......950 (Act XXVIII of 1951), section 96. Specific Performance of Contract A sale in pursuance of a decree for specific performance of contract is pre-emptable………(3) Cases Referred to- Chandra Kumar Maladas Vs. Abdul Motaleb (1967) 19 DLR(SC) 36; Johar Mill Bhutra Vs. Jatindra Nath Bose..Category: Property Law | Date: | Hits: 57
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
.... Involved: Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Asst. Attorney-General, instructed by S.S. Hoda, Advocateon-Record.—For the Appellant in all the appeals. Md. Fazlul Karim, Advocate, instructed by S. M. Huq Advocate-on-Record.—For the Respondent in all ...... Kemaluddin Hossain, C.J., Fazle Munim, J. Ruhul Islam J. Director of Taxation & Excise, Government of East Pakistan (now Bangladesh)…....Appellant in all the appeals. Vs. Mehdi Ali Khan Panni ...................................Respondent in all the appeals Judgment. Augu......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......ppeals. Vs. Mehdi Ali Khan Panni ...................................Respondent in all the appeals Judgment. August 18, 1978 Interpretation of taxing Statutes- Doctrine of Laissez Faire and welfare economy. In interpreting a taxing statute a controversy often arises and learn..Category: Trust/Waqf Law | Date: | Hits: 239
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....not lie against the defendants. Case Referred to- Muralidhar vs. Rupendra Nath , 56 C.W.N. 260. Lawyers Involved: Abdus Salam, Senior Advocate, with Habibur Rahman, Advocate, instructed by Md. A. Aziz, Advocate-on-Record—For the Appellants. M. A. Aziz, Advocate instructed by Abdur Ra......so Reported in: 32 DLR (AD) (1980) 136 ......herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ......elow restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ..Category: Property Law | Date: | Hits: 56
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......e Sub-Divisional Magistrate, Kishoreganj alleging, inter alia, that on March 18, 1975 at about 4 P.M. accused Chand Mia and others (not named) being armed with deadly weapons called her husband Irfan Ali out of his house and took him to the Mear Bazar where he was killed by gun shot and the dead bod......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....rovisions of rules 4 and 33 of Order 41 of the Code will apply……….(7) Lawyers Involved: M.H. Khondker, Senior Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Appellants. Md. Jamiruddin Sircar, Advocate, instructed by S. S. Hoda, Advocate-on-Record—For the Respondent. ......e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ......e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ...... @ Hapan Tudu & ors………….....Appellant. Vs. Munshi Abul Khair ……....Respondent Judgment April 7, 1979. The Code of Civil Procedure, 1908 (Act V of 1908), Order XLI, rules 4 and 33. The defendant-appellants who were not dead could carry the appeal to its conclusion, an..Category: Property Law | Date: | Hits: 73
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