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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......r 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 Patna 65; Shitla Prasad vs. M. Sadiullah and others AIR 1975 (All) 344 (F.B) Pur......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……………………………………………………………...

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......ed in: 39 DLR (AD) (1987) 78. ...... 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..

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......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 vs. C.I.T. 37 I.T.R. 381; Karam Chand Tahapar and Bros. P. Ltd. vs. C.I.T. 80 ITR. (SC) 167 A.I.R. 1932 138 (P.C.) C.I.T Vs. K Rahman...... 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 ..

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...... (Civil) Present: F.K.M.A. Munim CJ 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 &......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 ..

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

Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)

....rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......ip;………Appellant Vs. Monindra Lal Roy & others……Respondents Judgment June 29, 1986. Cases Referred to- Hunoomanpersaud Panday (1856) 6 M.I.A. 393 (PC) Prosunno Kumari Debya (1874-75) 2 I.A. 145 (PC); Maharanee S. Debya ......nim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Chunnu Mia………………………Appellant Vs. Monindra Lal Roy & others……Respondents Judgment June 29, ..

Category: Property Law | Date: | Hits: 36

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. ......ivision (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 ..

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. ...... (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..

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......ich a Court barred to try. The Civil Procedure Code, 1908 (V of 1908) Or. VII, r 11 Public Purpose Natural Justice Section 14A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against an......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. ..

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 ......ia Patwary & others………………..Respondent Judgment January 19, 1986. The Civil Procedure Code, 1908 (V of 1908) Or. I, r, 10(2) Treating the suit property as vested and non-resident property and thereafter leasing out the same in favour of the appellants had led to......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...

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...... 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 verify the plaint or written statement. The Government by a Notification dated 14th ......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..

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......This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......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 &..

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 ......file an application for withdrawn of a case from the prosecution. In this case the Magistrate having passed the order of withdrawal without any application from the Public Prosecutor is an illegality and such order has rightly been reversed. Lawyers Involved: Abdul Malek, Senior Advocate instru......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..

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. ...... Recounting of the ballot papers by a Tribunal long after the election should ordinarily be resorted to simply on mere asking by an interested party. Ballot papers have special sanctify of their own and their secrecy should not be infringed by reopening the sealed packet unless the recounting beco�......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..

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 .......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, 1984. The Union Paris......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, ..

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.............Appellant Vs. District Magistrate, Kushtia arid others…………………....Respondents Judgment January 27, 1986. Result: The Appeal is allowed. The Printing Presses and Publication (Declaration and Registration) Act, 1973 (XXIII of 1973) Declaration in resp......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..

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

Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)

....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......so Reported in: 38 DLR (AD) (1986) 246 ......ate Division (Criminal) Present: F. K.M.A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Shahjahan Sheikh and others……………..Appellants (In both the appeals) Vs. Sessions Judge, Pirojpur and others……………….Respondents (In both the appeals) Ju..

Category: Criminal Law | Date: | Hits: 42

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

....ee 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 hat and bazaar and to fix days of their sittin......n (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 1983).......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..

Category: Property Law | Date: | Hits: 202

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

....Criminal Miscellaneous Case No. 24 of 1984. 5. During the pendency of the above Rule for contempt District and Sessions Judge, Rangpur forwarded two representations mace by respondent No. 2 to the Government praying Sot his transfer from Chilmari, On perusal of the representations the learned Jud...... regarding these matters. This led to all kinds of pressure upon him by the appellant. On 24th January 1984, District and Sessions Judge, Rangpur forwarded the complain to Registrar, Supreme Court of Bangladesh for placing the matter before a Bench of the High Court Division, Rangpur. The Bench at R......llate 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 “......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 ..

Category: Criminal Law | Date: | Hits: 49

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

....s Judgment July 23, 1986. Result: Civil Appeals Nos. 51 to 53 are dismissed and Civil Appeal No. 54 of 1985 is allowed. The Constitution of Bangladesh, 1972, Article 102 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983) Section 29(4) The General Clauses Act, 1......others...........................Respondents Judgment July 23, 1986. Result: Civil Appeals Nos. 51 to 53 are dismissed and Civil Appeal No. 54 of 1985 is allowed. The Constitution of Bangladesh, 1972, Article 102 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983) ......unim 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 Azad ……………�...... 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..

Category: Election Law | Date: | Hits: 154

Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)

....out 79 years, is a retired Secretary of Rajshahi District Board, claiming to be acquainted with late Amir Ali, having occasionally visited Amir Ali's house. P.W. 4 (76) is a retired teacher of a Government High Madrassa and Amir Ali's neighbour having personal knowledge about Amir Ali's famil...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khorshed Alam @ Shah Alam……………………………………………Appellant Vs. Amir Sultan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: T......esent: F K M A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khorshed Alam @ Shah Alam……………………………………………Appellant Vs. Amir Sultan Ali Hyder and another……………………….. Respondents Judgment Ma..

Category: Family Law | Date: | Hits: 239

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