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Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ...... Md. Amirul Islam........... Appellant Vs. The Hon'ble Judges of the High Court Division (Sc) of Bangladesh and Govt. of Bangladesh …… ….Respondents Judgment ......rul Islam........... Appellant Vs. The Hon'ble Judges of the High Court Division (Sc) of Bangladesh and Govt. of Bangladesh …… ….Respondents Judgment &nbs...... Fazle Munim, J. Md. Amirul Islam........... Appellant Vs. The Hon'ble Judges of the High Court Division (Sc) of Bangladesh and Govt. of Banglades..Category: Others | Date: | Hits: 157
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
..... P. C. He was of the opinion that since Bahauddin Ahmed was a public servant on duty and that the action he took was in discharge of his public duties, it was necessary to obtain sanction from the Government before he could be prosecuted. The complainant having failed to obtain any sanction from......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ...... Ahsanuddin Choudhury, J. Kemaluddin Hossain. J. D.C. Bhattacharya. J. FM Rashiduzzaman……….Appellant Vs. Bahauddin Ahmed and another…….Respondents Judgment May 3, 1976. Cases referred to: ......B. Mahmud Hussain, C. J. Ahsanuddin Choudhury, J. Kemaluddin Hossain. J. D.C. Bhattacharya. J. FM Rashiduzzaman……….Appellant Vs. Bahauddin Ahmed and another…….Respondents Judgment May 3, 1976. ..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....le homicide not amounting to murder and was sentenced to five years rigorous imprisonment thereunder. Kishan Singh did not prefer any appeal in the High Court against his conviction. The Provincial Government did not also appeal under section 417 of the Code of Criminal Procedure but applied unde......instructed by B.C. Panday, Advocate-on-Record— For the Respondent. Criminal appeal No. 3 of 1975. (From the judgment and order dated 24-7-1972 passed by the erstwhile High Court of Bangladesh in Criminal Appeal No. 581 of 1966). Judgment: Ahsanuddin Chowdhury, J.&md......olved: S.R, Pal, Senior Advocate, Supreme Court, instructed by Mohd. A. Aziz, Advocate-on- Record.—For the appellant. A.T.M. Afzal, Deputy Attorney-General, instructed by B.C. Panday, Advocate-on-Record— For the Respondent. Criminal appeal No. 3 of 1975. (From......ud Hussain, C. J. Ahsanuddin Choudhury, J. Kemaluddin Hossain. J. D.C. Bhattacharya. J. Tozammel Hussain Chowdhury……..... Appellant Vs. State…………...Respondent. Judgment &n..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....filed a suit against (1)The Chairman, Narayanganj Municipality, (2) The Narayanganj Municipal Committee, (3) The Commissioner, Dacca Division and Controlling Authority of Municipal Committees and (4) Government of East Pakistan (now Bangladesh) in the Fourth Court of the Munsif, Narayanganj for perm......man, Narayanganj Municipality, (2) The Narayanganj Municipal Committee, (3) The Commissioner, Dacca Division and Controlling Authority of Municipal Committees and (4) Government of East Pakistan (now Bangladesh) in the Fourth Court of the Munsif, Narayanganj for permanent injunction restraining them...... Choudhury J Fazle Munim J M.A. Zaher………...Appellant And Haji Jalal Ahmed …….... Appellant And Md. Khurshed Alam Khan………….Appellant Vs. Mainuddin Ahmed and another……..Respondent Judgment April 27, 1976. Result: The appeal is dismissed......ussain CJ Ahsanuddin Choudhury J Fazle Munim J M.A. Zaher………...Appellant And Haji Jalal Ahmed …….... Appellant And Md. Khurshed Alam Khan………….Appellant Vs. Mainuddin Ahmed and another……..Respondent Judgment April 27, 1976. Result: ..Category: Civil Law | Date: | Hits: 142
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....aterial to show the quantity and value of the closing stock, the profits or loss can easily be ascertained, and so, the absence of a regular stock register or a stock register kept according to the Government notification under the Textile" Control Regulations would not be sufficient ground to r......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141....... Case is also Reported in: 28 DLR (AD) 141.......) Present: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Commissioner of Income-Tax, Dacca Zone, Dacca......Appellant. Vs. M/s. Ata Hossain Khan Ltd....... Respondent. Judgment November 19, 1975. Result: ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
...., the managed company had several mills operating in India and also some immovable properties including certain godowns in the then Pakistan (now Bangladesh) most of which were requisitioned by the Government of Pakistan. 7. According to the Revenue the income in question arose out of the ......f another Indian Company, namely, Kanknarrah Co. Ltd., hereinafter referred to' as- the managed company which operated several mills in India and also owned some godowns, situated in Pakistan, now Bangladesh. In accordance with the terms of the agreement the appellant was vested with the power o....... 14, 1976. Cases Referred to: Messers Octavius Steel Company Ltd. Vs. The Commissioner of Income-tax, Dacca reported in 12 DLR (SC) 121 same case in PLD 1960 SC 371; Octavious Steel and Company Ltd. Vs. The Commissioner of Income-tax, Dacca, 12 DLR (SC) 121 same case PLD 160 SC 3......Hossain J. D.C. Bhattacharya, J. Fazle Munim, J. Jardine Henderson Ltd. Calcutta, India………………...Appellants in both the appeals. Vs. Commissioner of Income-Tax, Chittagong…………....Responden..Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
.... Reported in: 28 DLR (AD) 120. ......28 DLR (AD) 120. ......d. This Case is also Reported in: 28 DLR (AD) 120. ......t Appellate Division (Civil) Present: AB Mahmud Husain J Ahsanuddin Choudhury J Kemaluddin Hussain J Debesh Chandra Bhattacharya J Government of Bangladesh......Appellant. Vs. Messrs A. T. J. Industries Ltd. and others…….Respondents Judgement March 15, 1976..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....xcise Rule end Procedure regarding clearance of stockinet’s on payment of duty. The appellant Company appears to have submitted an application to the Secretary, Central Board of Revenue, Government of Pakistan, on the 13th December, 1968 praying for exemption from the payment of duty o......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ...... to costs in this appeal. Ed. ......d Hussain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Munim J Karnaphuli Rayon and Chemical Ltd…………....Appellant. Vs. The Govt. of Bangladesh and others…………….....Resp..Category: Business or Commercial Law | Date: | Hits: 109
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
.... by this Court to the appellants to consider 3 points namely (i) whether further proceeding in the suit was barred under section 83(2) of the Code of Civil Procedure without permission of the Central Government (ii) whether the Deputy Commissioner had any legal authority to join himself in the suit ......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ...... also Reported In: 28 DLR (AD) (1976) 65. ......ion (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hosain J Debash Chandra Bhattacharya J Azizur Rahman and another………….Appellants Vs. Sree Kailash Chand Burmecha and others………..Respondents Judgment August 26, 197..Category: Property Law | Date: | Hits: 93
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....using to interfere with the judgment of an Election Tribunal which set aside the election of the appellant as Chairman of a Union Parishad and certain other persons, held under the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 and the rules framed thereunder. 2. An el...... J.— This appeal by Special Leave is against an order of a Bench of the High Court Division summarily rejecting an application under Article 102(2) of the Constitution of the People's Republic of Bangladesh and refusing to interfere with the judgment of an Election Tribunal which set aside the e......Case is also Reported in: (1976) 28 DLR (AD) 51. ......e Division (Civil) Present: Syed ABM Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Syed Mofazzal Hossain…………...Appellant. Vs. The Election Commissioner and others……..Respondents. Judgment November 24, 197..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
.... Hossain, J.—Facts leading to the grant of Special leave to appeal are as follows: Respondent 1, Md. Abdur Razzak obtained a money decree against Respondent 2, Md. Belayet Ali Khan, a Government Contractor in O. C. suit No. 59 of 1962. During the pendency of the suit, Respondent No.......Civil) Present: A. M. Sayem, C. J. Syed A. B. Mahmud Hussain, J. Ahsanuddin Choudhury, J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya. J. Bangladesh……Appellant. Vs. Mohd. Abdur Razzak and another…&hel...... Appellate Division (Civil) Present: A. M. Sayem, C. J. Syed A. B. Mahmud Hussain, J. Ahsanuddin Choudhury, J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya. J. Bangladesh……Appellant. Vs. Mohd. Abd......J. Syed A. B. Mahmud Hussain, J. Ahsanuddin Choudhury, J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya. J. Bangladesh……Appellant. Vs. Mohd. Abdur Razzak and another………. Respondents Judgment ..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......ion In Criminal Revision No. 360 of 1969). Judgment Ahsanuddin Chowdhury, J.—These two appeals, by special leave, arise out of a single judgment of a Division Bench of the High Court of Bangladesh refusing in exercise of powers under section 561A of the Code of Criminal Procedure, to q......e case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ...... Fazle Munim J Abdul Quader Chowdhury and others...............Appellants (In Criminal Appeal No. 28 of 1974). Sk. Sarwaruddin……..... Appellant (In Criminal Appeal No. 29 of 1974). Vs. The State ………………...Respondent Judgment February 10, 1976. Result: T..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ...... Cr.P.C. and on conclusion of the trial they were found guilty and convicted under section 19(A) & (f) of the Arms Act read with President's Order No. 50 of 1972, namely, Bangladesh Scheduled Offences (Special Tribunals) Order and sentenced to rigorous imprison......din Ahmed, Attorney-General, instructed by A.M. Khan Chowdhury, Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1976 (From the Judgment and order dated 24-2-75 passed by the High Court Division in Criminal Appeal No. 330 of 197 3....... F.K.M.A. Munim J Abdur Razzaque & anr………………..Appellants. Vs. The State............................Respondent Judgment Jan. 14, 1976. ..Category: Criminal Law | Date: | Hits: 64
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....l be no order as to costs. Ed. ......ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ......ment of Bangladesh & ors........Appellant Vs. M/s. Samir & Co…………..Respondent Judgment November 20, 1975. Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54; Sanday Patrick Vs. Mayammal, 7 I.C. 588; R. Vs. Bolton, reported in (1835-42) All England Reporter 71......ppellate Division (Civil) Present: Syed A.B.M. Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J D. C. Bhattacharya J Government of Bangladesh & ors........Appellant Vs. M/s. Samir & Co…………..Respondent Judgment November 20, 1975. Cases ref..Category: Alternative Dispute Resolution | Date: | Hits: 258
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....pondent, Khadem Ali Meah centres round the land belonging to Nalini and his wife Sarala. They left the country for West Bengal in 1962. Their rayati holding fell in arrears of rent which prompted the Government Acquired Estate to start four certificate proceedings. They are certificate case Nos. 138......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ...... result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......t Appellate Division (Civil) Present: Syed ABM Hussain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Golam Hafez Mia……………………………… Appellant. Vs. Khadem Ali Meah .........................Respondent Judgment November 17, 1977. Resu..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....does not necessarily involve (iii) and never involves (iv)". 15. As early as 1952, Ibrahim, J. of the Dacca High Court, while considering the provisions of Section 18-C of the Bengal Local Self Government Act, 1885, had to consider whether a District Judge or Sub-Judge deciding election case......DLR.442; Azizul Huq Vs. M/S. Hanif Ltd. and others, (1955) 7 DLR; 287; Aswad Mia and another vs. Shahidulla Mia, (1958) PLR Dacca 1163; Anil Das and others Vs. Mostaque Ahmed, (1966) 18 DLR 86; IDBP (Bangladesh) Vs. M/S. Master Industries, (1974) 36 DLR 157 and Bangladesh Fisheries Society Ltd. Vs. ......however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295....... Appellate Division (Civil) Present: Syed ABM Husain CJ Debesh Chandra Bhattacharya J Fazle Munim J Amir Sultan Ali Hyder................................ Appellant. Vs. Md. K. Alam alias S. Alam & others............. Respondents Judgment July 1, 197..Category: Trust/Waqf Law | Date: | Hits: 182
Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
....c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ......Not represented—Respondents. Civil Petition for Special Leave to Appeal No. 123 of 1977. (From the Judgment and order dated the 28th January, 1977 passed by the High Court of Bangladesh in Writ Petition No. 355 of 1975) Judgment: ......in J D.C. Bhattacharya J Fazal Munim J Bikash Ranjan Das…………............ Petitioner. Vs. The Chairman, Second Labour Court, Dacca and others..............Respondents Judgment June 14, 1977. Lawyers Involved.......M. Hussain CJ A. Chowdhury J K. Hossain J D.C. Bhattacharya J Fazal Munim J Bikash Ranjan Das…………............ Petitioner. Vs. The Chairman, Second Labour Court, Dacca and others..............Respondents Jud..Category: Labour and Industrial Law | Date: | Hits: 151
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
.... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ...... Ahsanuddin Chowdhury J: The petitioner along with one Akkas AH Dafadar faced a trial on three charges viz. under section 148 read with Article II(c) of Bangladesh Collaborators (Special Tribunal) Order, 1972, 364/34 and 302/34 in the alternative under......llate Division (Criminal) Present: Syed A.B. Mahmud Hossain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattachary J Fazle Munim J &nbs......tion 364. The law in respect of the charge for the offence of abduction followed by murder and the recovery of the dead body has been clearly laid down by this court in the case of Hafez Abul Khair Vs. The State in Criminal Appeal No. 4 of 1975 of this court. Needless to say that the decision of..Category: Criminal Law | Date: | Hits: 62
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......-on-Record—For the Respondent. Civil Petition for Special leave to appeal No. 153 of 1977. ( From the judgment and order dated the 9th November,1976 passed by the High Court of Bangladesh in Civil Revision No. 1458 of 1970) Judgment: &nb......e Court Appellate Division (Civil) Present: Syed A.B M. Husain CJ Kemaluddin Hussain J D. C. Bhattacharya J Fazle Munim J Fakhruddin Mia and other.........................Petitioners. Vs. Mohammad Khodabaksh Sheikh... &he...... Present: Syed A.B M. Husain CJ Kemaluddin Hussain J D. C. Bhattacharya J Fazle Munim J Fakhruddin Mia and other.........................Petitioners. Vs. Mohammad Khodabaksh Sheikh... ……………Respondent ..Category: Property Law | Date: | Hits: 44
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....ave to appeal from the aforesaid judgement and order of the High Court affirming those of the special Judge. 2. The prosecution case was that for the works programme of the year 1964-65 the Government sanctioned for the Pabna District Council a sum of Tk. 16,18,370/00 out of which S...... Ahsanuddin Chowdhury J: The petitioner K.M. Zaker Hossain faced a trial in the Court of the Special Judge, Pabna on two charges namely, under section 409 of the Bangladesh Penal Code as well as under section 5 (2) of Act II of 1947. He was acquired of the char...... Ed. ......hmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J K. M. Zaker Hossain................Petitioner Vs. The State.............................Respondent Judgment Feb. 21, 197..Category: Criminal Law | Date: | Hits: 69
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