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Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)

....e suit pro­perty. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, ac­cordingly, it is dismissed. No costs. Ed. ......e suit pro­perty. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, ac­cordingly, it is dismissed. No costs. Ed. ......e suit pro­perty. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, ac­cordingly, it is dismissed. No costs. Ed. ......ellip;……………………..Respondents Judgment September 2, 1986. Lawyers Involved: T.H. Khan, Senior Advocate (M.A. Wahab Miah, Advocate) instructed by Kazi Ebadul Huque, Advocate-on-Record—For the Appellants. ..

Category: Property Law | Date: | Hits: 37

Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)

....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...... 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. ...... 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. ...... 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. ..

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

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

....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......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. ......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. ......llants. A KM. Nazrul lslam, Advocate instructed by Sharifuddin Chaklader, Advocate on-Record- For the Respondent No. 1. T.H. Khan Senior Advocate, (Khan Saifur Rahman and M. A. Wahab Miah, Advocates with him), instructed by Syed Sakhawat Ali, Advocate on Record-For the Respondent ..

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

Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)

....nd allow the appeal. The appell­ants are acquitted of the charge leveled aga­inst them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......nd allow the appeal. The appell­ants are acquitted of the charge leveled aga­inst them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......nd allow the appeal. The appell­ants are acquitted of the charge leveled aga­inst them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ...... (Criminal) Present: F.K.M.A. Munim CJ   Badrul Haider Chow­dhury J Shahabuddin Ahmed J M.H. Rah­man J A.T.M. Afzal J Siraj Miah & another…………………………&h..

Category: Criminal Law | Date: | Hits: 57

Sufia Khanam Chowdhury Vs. Faizun Nesa Chow­dhury, 1987, 16 CLC (AD)

....such amendment to be necessary in the interest of justice. The learned Single Judge is found to have rightly relied upon the decisions of the Supreme Court of Pakistan in the case of Keramat Ali V Md. Yunus 15 DLR SC 120 and the Indian Supreme Court in the case of A. K. Gupta and Sons Ltd V. Dam......irection for amendment of the plaint is set aside and that of the trial Court is resto­red. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......irection for amendment of the plaint is set aside and that of the trial Court is resto­red. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......irection for amendment of the plaint is set aside and that of the trial Court is resto­red. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 86

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

....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......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. ......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. ......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. ..

Category: Property Law | Date: | Hits: 50

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

....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......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. ......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. ......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. ..

Category: Property Law | Date: | Hits: 34

Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)

.... of 1982. Judgment Fazle Munim CJ.-This appeal arises from Criminal Appeal No. 3 of 1982 decided by a Bench of the High Court Division, Dhaka (Mr. Justice Amirul Islam Chowdhury and Mr Justice Md. Altaf Hossain) on 30th May, 1983. 2 Facts as stated in the ejahar which was recorded by Offic......ivision, Dhaka in Criminal Appeal No.3 of 1982. Judgment Fazle Munim CJ.-This appeal arises from Criminal Appeal No. 3 of 1982 decided by a Bench of the High Court Division, Dhaka (Mr. Justice Amirul Islam Chowdhury and Mr Justice Md. Altaf Hossain) on 30th May, 1983. 2 Facts as stated in ......nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......s recorded by Officer-in-Charge, Kuliarchar P.S. are that on the night of 31st Bhadra, 1386 B.S. corresponding to 17th September 1979 when; informant Majeda Khatun was sleeping with her husband Idris Miah and two daughters, Minara Khatun and Amena Khatun in the west bhiti hut in village Agarpur Temn..

Category: Criminal Law | Date: | Hits: 56

Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)

....ptain John Johnston vs. G B. Potts & Co. Ltd. PLD 1967 Kar 496 ; Satish Chandra Banik vs. Dacca Jute Miils Ltd., PLD 1968 Dac 610 at p. 641. Lawyers Involved: Raifique-Ul-Huq, Senior Advocate, (Md. Fazlul Haque, Advocate with him) instructed by Md. Ssjjadul Huq, Advocate-on-Record-For the Appe...... of the learned Company Judge are modified ac­cordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... of the learned Company Judge are modified ac­cordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... of the learned Company Judge are modified ac­cordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..

Category: Business or Commercial Law | Date: | Hits: 111

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

.... 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 ...... 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 ...... 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 ......the person is the specifically appointed by the Government to sign and verify a plaint or written statement on behalf of the Government. Lawyers Involved: T.H. Khan, Senior Advocate (M. A. Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant..

Category: Tenancy Law | Date: | Hits: 108

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

....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......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 ......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 ...... order has rightly been reversed. 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 th..

Category: Criminal Law | Date: | Hits: 71

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

.... This Case is also Reported in: 38 DLR (AD) (1986) 275. ......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. ......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. ......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. ..

Category: Election Law | Date: | Hits: 140

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

....38 DLR (AD) (1986) 270 ......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ......fficer took away the ballot boxes to a place 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 no......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ..

Category: Election Law | Date: | Hits: 126

Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)

....re with the impugned order.………..(10) Case Referred to- Shah Wall V. Ghulam Din, (1967) 19 DLR (SC) 143. Lawyers Involved: Miah Abdul Gufur, Advocate-on-Record—For the Appellant. Md. Aftab Hossain, Advocate-on-Record— for Respondent Nos. 1—3. Ex-parte- Respondents No. 4â......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed with­out, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed with­out, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......aw. The High Court Division do not find any reason to interfere with the impugned order.………..(10) Case Referred to- Shah Wall V. Ghulam Din, (1967) 19 DLR (SC) 143. Lawyers Involved: Miah Abdul Gufur, Advocate-on-Record—For the Appellant. Md. Aftab Hossain, Advocate-on-Recordâ€..

Category: Property Law | Date: | Hits: 51

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

....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......­cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......­cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......howdhury has been unauthorized producing, publishing, printing and editing the said weekly 'Ispat' from Mukul Mudrayan. Masompur, Kushtia in violation of the aforesaid Act, I, A.K.M. Fazlul Hoque Miah, District Magistrate, Kushtia in exercise of powers conferred upon me under sec­tions 22 a..

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

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

....d. 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 ......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 ..

Category: Criminal Law | Date: | Hits: 42

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

..... This Case is also Reported in: 38 DLR (AD) (1986) 201. ......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..

Category: Property Law | Date: | Hits: 202

Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)

....ant in the absence of any contract is adjustable against the rent…….(15) Cases Referred to- Shamsuddin Ahmed vs. Mohd. Hassan and others (1979), 31 D.L.R (AD) 155; Mst. Esarunnessa Bibi vs. Md. Amir Hossain reported in 38 D.L.R. (AD) 1. Lawyers Involved: M H Khondker, Senior Advoca......in the absence of any contract is adjustable against the rent…….(15) Cases Referred to- Shamsuddin Ahmed vs. Mohd. Hassan and others (1979), 31 D.L.R (AD) 155; Mst. Esarunnessa Bibi vs. Md. Amir Hossain reported in 38 D.L.R. (AD) 1. Lawyers Involved: M H Khondker, Senior Advocate, ......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no or­der as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no or­der as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ..

Category: Tenancy Law | Date: | Hits: 65

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

....quhoun Vs. Brooks ( 1889) 14 App. 493; Canada Sugar Refining Co. Vs K. (1898) A.I. 731; K. K. Shrivastava Vs. Bhupendra Kumar AIR 1977 SC 1703 ; Murree Brewery Co. Vs. Pakistan, PLD 1972 S.C. 27 ; Md. Husain Munir vs. Sikandar, PLD 1974 SC 139 ; 9 ILR (1827) 21 Bom. 279; AIR 1926 Bom. 344; Tura...... 1949 Lab 131; Azizul Huq vs. Sm. Hanif Ltd. (1955) 7 DLR 287; IDBP (Bangladesh) Vs. M/s. Master Industries (1974) 26 DLR 157; Chera Dangi Mela Committee vs. Md. Yusuf Ali (1977—78) BSCR 254 AD; Amir Sultan vs. Md. K. Alam. (1977) 29 DLR 295 (SC). Lawyers Involved: Syed Ishtiaq Ahmed, S...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..

Category: Election Law | Date: | Hits: 154

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

.... Practice and procedure When some principles of law or procedure are violated leading to miscarriage of justice, higher Court can always interfere…………….(27) Cases Referred to- Md. Alladat Khan vs. Md. Ismail Khan, 10 ILR (All) 289; Habibur Rahman Chow­dhury vs. Altaf Ali C...... 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 March 22,...... 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. ...... 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. ..

Category: Family Law | Date: | Hits: 239