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Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)

....Appeal No.73 of 1992). T H Khan, Senior Advocate instructed by NH Khandker, Advocate-on-Record-For the Respondent No.1 (In Civil Appeal No.73 of 1992). Rokanuddin Mahmud, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No.3 (In Civil Appeal No.73 of 1992). No......es in Bangladesh. A Memorandum of Understanding signed on 7.1.90 between BTL and the said foreign company HTL. Subsequently on 5.4.90 a tripartite joint venture agreement was signed between Mr Sahjad Ali, the then Chairman of BTL, BTL itself and Hutchison Telecommunications (Bangladesh) Ltd. (which ......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......al J Latifur Rahman J Bangladesh Telecom (Pvt.) Ltd………………………………………………………………. Appellant (In Civil Appeal No. 73 of 1992) Bangladesh Telegraph and Telephone Board and anr. ……………………………Appellant (In Civil Appeal No. 3 of 19..

Category: Information Technology Law | Date: | Hits: 242

Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)

....6) 16 ...... August 13, 1995. Case Referred to- Durga Prasad vs. Munsi (1884) All (Vol.6) 423. Lawyers Involved: TH Khan, Senior Advocate, (AJ Mahmud Ali, Advocate, Supreme Court with him) instructed by Sharifuddin Chaklader, Advocate-on-Record &mda......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Attar Mia and another……………………………&..

Category: Property Law | Date: | Hits: 84

Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)

....e is also reported in: 48 DLR (AD) (1996) 14 ......ustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Kamiruddin and others............................... Appellants Vs. Md. Mokshed Ali Biswas and others........... Respondents Judgment July 3, 1995. Lawyers Inv...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Kamiruddin and others............................... Appellants Vs. Md. Mokshed Ali Biswas and ..

Category: Property Law | Date: | Hits: 61

Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)

....p;……………………………………………….. Appellant [In both the Appeals] Vs. Md. Suruzzamal and others ………………………&h......e liberation of Bangladesh. Deposing in 1988 all the witnesses of the auction-purchaser asserted that Dr. Shamim was a Bangalee and PW 1, PW 3 (the auction-purchaser himself) and PW 2 Md. Sekandar Ali Miah asserted in one voice that Dr. Shamim was present in Bangladesh even in 1988. Both the tri......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ...... Appellate Division (Civil) Present: M H Rahman CJ Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development………………………&hellip..

Category: Property Law | Date: | Hits: 61

Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)

....nuddin Munshi vs. Tajaddin and others AIR 1932 Cal 538; (Syed) Abdul Huck and others vs Seetameetti Narayan Naidu and anr. AIR 1938 Mad 14. Lawyers Involved: Muhammad Habibur Rahman, Md. Ayub—For the Appellant. Syed Amjad Hossain, Md. Nowab Alt—For the Respondent...... AC 515; Muhammad Wall Khan vs. Muhammad Mohiuddin Khan and others 24 CWN 321; Shukrullah and others vs. Mst Zahura Bibi and others AIR 1932 All. 512; Muhammad Syed AH and others vs. Muhammad Sabed Ali and others 10 DLR 447; Farrokh Ahmed vs. Abul Khair and others 6 DLR 365; Aminuddin Munshi vs. ......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......-Hakim J TH Khan J Basiruddin Sarkar................Appellant                Vs. Jasimuddin Sarkar and others............Respondents Judgement August 21, 1970. Cases Referred ..

Category: Property Law | Date: | Hits: 51

Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)

.... AC 1; Safdar Ali vs. Crown 5 DLR (FC 107; Major Robert Stuart Wauchope vs. Emperor 38 CWN 187; Osimuddin Sarkar vs. The State 13 DLR 197 PLD 1961 (Dacca) 98; Abdul Bari Sikdar The Crown 7 DLR 457; Md. Hekmatullah vs. The Crown 7 DLR 13; Emperor vs. Anwar Ali AIR 1948 Lah. 27; Lt. Hector Thomas ...... Judgment June 10, 1970. Cases referred to- Woolmington vs. Director of Public Prosecution 1935 AC 462; Mancini vs. GPP Director of Public Prosecutions 1942 AC 1; Safdar Ali vs. Crown 5 DLR (FC 107; Major Robert Stuart Wauchope vs. Emperor 38 CWN 187; Osimuddin Sarkar ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......l No. 362 of 1977). Fakir Shahabuddin Ahmed with Fariduddin Ahmed (in Cr. Appeal No. 200 of 1967). Zahurul Huq Khan with Serajul Huq—For the State. Appeal Nos.  290 and 362 of 1967. Revision No. 568 of 1967 Judgment:      &nb..

Category: Criminal Law | Date: | Hits: 68

State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)

.... and PW, 1 Sk. Elahi Baksh to be the dead body of Dulal Fakir. On such identification, the investigating Officer PW 13 held inquest and sent it to the morgue for post mortem examination. PW 12 Dr. Md. Mohsin held post mortem on the dead body of Dulal Fakir on 27.7.69 and found four incised wound......sh, a neighbour, to the house of one Babar AM to purchase some property in the name of Dulal Fakir, PW 10 Golam Mostafa and PW 9 Salamat Shaikh went there. An advance of Rs 100.00 as paid to Babar Ali by Parashullah and it as agreed that a deed of transfer would be executed by Babar Ali on the n...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......;  Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- Emperor vs, Mst Jagia AIR 1938 Pat 308: Haji Yar Muhammad vs. Rahim Dino and others PLD 1960 Kar 769: Abdul Latif Crown 4 DLR (FC) 431: Qutba vs. The Crown 6 DLR (FC) 126: ..

Category: Criminal Law | Date: | Hits: 62

Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)

....e case, there will be no order as to costs. Ed. ......nces of the case, there will be no order as to costs. Ed. ......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......ll be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 59

Safar Ali and others Vs. State, 1972, 1 CLC (HCD)

....isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......onths and one month shall run consecutively. Ed. ......isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......s and one month shall run consecutively. Ed. ..

Category: Criminal Law | Date: | Hits: 69

Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)

....e facts giving rise to this appeal are, that the plaintiff Dr. Rati Ranjan Sen filed the above mentioned suit for ejectment against two persons, namely, Parul Bala Marwari, the defendant No. 1 and Md. Ibrahim the defendant No.2. The subject-matter of the dispute comprises two Municipal Holdings ...... meet with disappointment.  The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ...... meet with disappointment.  The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......reme Court High Court Division Civil Appellate Jurisdiction Present: TH Khan J Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: ..

Category: Property Law | Date: | Hits: 71

Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)

....ris Ali ............Appellant                          Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. ......nd is, therefore, rejected. Ed. ......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ...........Appellant                          Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involv..

Category: Property Law | Date: | Hits: 59

Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)

....R (FC) 56. st Sairan vs. State (1970) 22 DLR (SC) 35; Sultan Ahmad vs. Crown (1954) 6 DLR (FC) 28: Fazal Elahi vs. Crown (1953) 5 DLR (FC) 207. Lawyers Involved: M. Golam Rabbani and Md. Nurul Islam, Advocates—For the Appellant. T Talukdar, Advocate—For the State......e story that there was strained relationship between the deceased and the accused and that there was a quarrel on the night of occurrence the prosecution has examined PW 1 Tamijuddin, PW 2 Mahammad Ali, PW 3 Ibrahim Sk., PW 4 Nurunnabi and PW Gendla @ Abdul Gafur. PW 1 Tamijuddin in his examinat......ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......) DLR (FC) 56. st Sairan vs. State (1970) 22 DLR (SC) 35; Sultan Ahmad vs. Crown (1954) 6 DLR (FC) 28: Fazal Elahi vs. Crown (1953) 5 DLR (FC) 207. Lawyers Involved: M. Golam Rabbani and Md. Nurul Islam, Advocates—For the Appellant. T Talukdar, Advocate—For the S..

Category: Criminal Law | Date: | Hits: 124

Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)

....       Vs. Sudhir Kumar Kundu and another……...Opposite Parties  Judgment November 16th, 1970. Cases Referred: Md. Sharif vs. Diwan Singh AIR 1940 Lah 95; Ghazan vs. Mt. Bag Bhari, AIR 1932 Lah. 210; Ujir Shei......eikh vs. Syed All Sheikh and others 16 CrLJ. (Cal) 607, Gourhari Gope vs. Alay Gopini 29 ILR Cal. 724. All these decisions are decisions of the Division Benches. In the case of Ujir Sheikh Vs. Syed Ali and others (supra), their Lordships Mr. Justice Chitty and Mr. Justice Beachcroft have observe......of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ......titioner                           Vs. Sudhir Kumar Kundu and another……...Opposite Parties  Judgment November 16th, 1970. ..

Category: Criminal Law | Date: | Hits: 66

Aminul Islam Vs. State, 1972, 1 CLC (HCD)

....R 549 PLD 1964 Dac 330; Fakku Mia alias Motahar All vs. The State 10 DLR 26; Srinivas Mall vs King Emperor 51 C.W.N 900. Lawyers Involved: Abdul Aziz with Latifur Rahman—For the Appellant. Md. Modabber Hosain —For the State. Criminal Appeal No. 204 of 1958. Judgment: Abdulla...... the National Bank of Pakistan, Jessore. During the period between 16.8.64 and 21.8.64 the appellant paid a sum of Rs. 755/ out of aforesaid amount to M/s Md. Abdus Salam (2) Md Hasan AM (3) Md. Eman Ali Sk., (4) Md. Amin and (5) Md. Nurul Huda all of Jessore Collectorate by corrupt or illegal means......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ...... Abdullah Jabir J.- This appeal arises out of the judgment of A. Q. Chowdhury, Senior Special Judge, Jessore convicting the appellant Aminul Islam under sub-section (2) of section 5 of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- in ..

Category: Anti-Corruption Laws | Date: | Hits: 83

Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)

....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......gh Court Division (Civil Revisional Jurisdiction) Present: Nurul Islam J. Suriya Begum and others...........Petitioners       Vs. Alimulla Mallik, and others……..Opposite Parties Judgment July 8th, 197......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......ed application is also thus disposed of. Ed. ..

Category: Property Law | Date: | Hits: 86

Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)

....lla and another..........Petitioner Vs. Parul Bala Debi and others. ...........Opposite Party Judgment June 25, 1970. Cases Referred to: Akina Bibi vs. Md. Ali.Shaha, AIR 1941 Cal. 336; Sheosagar Singh vs. Sitaram AIR 1952 Pat. 48; Md. Idris Khan vs. ......and another..........Petitioner Vs. Parul Bala Debi and others. ...........Opposite Party Judgment June 25, 1970. Cases Referred to: Akina Bibi vs. Md. Ali.Shaha, AIR 1941 Cal. 336; Sheosagar Singh vs. Sitaram AIR 1952 Pat. 48; Md. Idris Khan vs. Haje......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......I leave the parties to bear their own costs. Ed. ..

Category: Property Law | Date: | Hits: 69

Golam Kader Vs. State, 1972, 1 CLC (HCD)

....on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......ip;…………..Respondent Judgment August 13th, 1970. Cases Referred to: Lai vs. The Crown (1954) 6 DLR (FC) 38; PLD 1954 (FC) 95; State vs. Umed Ali (1963) 15 DLR 712. Lawyers involved: No one- both for the Appellant and Responde......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......970. Cases Referred to: Lai vs. The Crown (1954) 6 DLR (FC) 38; PLD 1954 (FC) 95; State vs. Umed Ali (1963) 15 DLR 712. Lawyers involved: No one- both for the Appellant and Respondent. Appeal No. 174 of 1968. Judgment:      TH ..

Category: Criminal Law | Date: | Hits: 59

Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)

....dingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ......raj along with PW 7 Salam and withheld witness Fazlul Huq was coming to their house in village Jainkati at about 10 PM in the night when they noticed that accused-petitioners Idris, Sekendar, Tajem Ali, Abdul Barek and Jalal Ahmed were reaping paddy from the said plot. When PW 2 Serajuddin protes......dingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ......preme Court High Court Division Criminal Revisional Jurisdiction Present: Habibur Rahman J.        Syed Idris alias Idris Mir and others................ Petitioners Vs. State…......................Opposi..

Category: Criminal Law | Date: | Hits: 82

Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)

.... Nagina Silk Mills Ltd 15 DLR (SC) 181; PLD 1963 (SC) 322; the Secretary of State for India in Council vs. Hindustan Co-operative Insurance Society Ltd. 35 CWN 794. Lawyers Involved: Md. Nurul Huq and Mohammad Hassan — For the petitioner. AM Khan Chowdhury, Assistant ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......etitioner                           Vs. Income Tax Officer and ors...............Respondent Judgment July 3rd, 1970. Cases Referred To: ..

Category: Fiscal/Taxation Law | Date: | Hits: 106

Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)

.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......kurdin and others 66 1C 678; Mrs Maya Devi vs Diwan Chand AIR 1935 Lahore 115; Khan Bahadur Khaleque Newaz Khan Chowdhury and others vs Maulvi Chowdhury Habibuddin Ahmed Siddique 46 CWN 817; Aposh Ali on behalf of Sailendra Nath Chakraborty vs. Amjad Ali Bhuiya 10 DLR Dacca, 248, Lawyers ...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......15 of the Letters Patent is refused. Ed. ..

Category: Property Law | Date: | Hits: 69