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Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)

....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ...... the defendant tarnished the image of the cinema hall by supplying bad food to its customers and the plaintiff needed the tenanted premises for the benefit of the company…………..(8 & 11) Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior Advo­cate, instructed by Md. Aftab Hossain..

Category: Property Law | Date: | Hits: 64

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....erefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ...... person is disqualified for holding office of the Chairman………………..(15 & 17) Cases Referred to — 40 DLR (AD) 10; Sheikh Abdus Sabur Vs. Return­ing Officer, 41 DLR (AD) 30. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advoc..

Category: Election Law | Date: | Hits: 124

Comilla Electric Sup­ply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)

....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......tric Supply Corporation Ltd. V. CIT (West Bengal) (1951) XIX ITR, 406; Liquida­tors of Pursa Ltd. V. Commr. of Income Tax AIR 1954 SC 253; I. T. Comm. V. Ex­press News Paper Ltd. AIR 1956 SC 33. Lawyers Involved: Shaukat Ali Khan, Advocate instructed by A. Baset Majumder, Advocate-on-Recordâ..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)

....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......t and that concludes the matter………………(15 & 16) Cases Referred to— Seth Manakchand, AIR 1944 Privy Council 46; AIR 1924 Madras 102; AIR 1931 Madras 650; AIR 1940 Madras 29. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-o..

Category: Civil Law | Date: | Hits: 113

Abdul Mannan Taluk­der Vs. BD House Buil­ding Finance Corpora­tion and another, 1989, 18 CLC (AD)

....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......V. Minister of Pensions and Na­tional Insurance, 1968 (1) All. E. R. 433 (439-440); Wilkinson Vs. Bank­ing Corporation (1948) 1 K.B. 721 (224); Md. Mafizuddin Vs. Ab­dul Hakim, 33 DLR (AD) 305. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-o..

Category: Labour and Industrial Law | Date: | Hits: 111

Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)

.... this convic­tion cannot be sustained. In the result, the appeal is allowed. The or­der of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ......ing the order into evidence simply a statement in the charge sheet that some sort of sanction was received it can not be said that the alleged sanction order is valid and proper and it is enough. Lawyers Involved: Md. Joynal Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Reco..

Category: Anti-Corruption Laws | Date: | Hits: 125

Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)

.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......ion to dispose of the application of the respondent who missed the bus due to ……………….and it is well known delay not only defeats justice but in some cases it defeats rights also. Lawyers Involved: S.S. Haldar, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-..

Category: Election Law | Date: | Hits: 112

Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)

.... simply rejecting the plaintiffs' representation. They then submitted a representation on 12.3.82 to the then Presi­dent of Bangladesh. Subsequently they made a representation on 4.6.82 to the Chief Martial Law Administrator and submitted all relevant papers. They received a communication in Januar......IR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Council 46; Abdul Gafur Khan Vs. Gov­ernment of Bangladesh, 1984 BLD (AD) 283. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Adv..

Category: Property Law | Date: | Hits: 38

Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)

....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......n when court of Settlement was not constituted High Court Division was not justified to decline jurisdiction after three years on the ground of alternative remedy……………………..(11-14) Lawyers Involved: H. R. Sharif, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— ..

Category: Property Law | Date: | Hits: 54

Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)

....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ...... case is made out for injunction far less a question of mandatory injunction. The obligation referred to in this section means a legal obligation and not a moral obligation………………..(7) Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advo­cate (Mahbubey Alam, Advocate with him..

Category: Property Law | Date: | Hits: 30

Ziaul Huq and ors. Vs. Messers Business Re­sources Ltd. & ors., 1989, 18 CLC (AD)

....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dis­missed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ...... takes preventive, remedial and curative measures. Prayer for injunction was rightly rejected……………….(16) Cases Referred to- AIR 1988 (SC) 2211; AIR 1987 (SC) 359; AIR 1988 IIP 4. Lawyers Involved: Dr. Kamal Hossain, Senior Counsel, instructed by Miah Abdul Gafur, Advocate-on-..

Category: Civil Law | Date: | Hits: 130

Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)

....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Ap­peal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......C. 696; Ormond Investment Co. V. Betts [1928] A.C. 143; A.K.M. Ruhul Amin Vs. District Judge and Appellate Election Tri­bunal, Bhola and others, 38 DLR (AD) 172; Payne V. Bradley [1962] A.C. 343. Lawyers Involved: Shah Md. Sharif, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record..

Category: Election Law | Date: | Hits: 125

Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)

....the submission made by the learned Advo­cate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......Order IX, rule 13 of the Code of Civil Procedure learned Assistant Judge cannot restore the suit in exercise of inherent power under section 151 of the Code………………………(5 & 6). Lawyers Involved: T. H. Khan, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record ..

Category: Procedural Law | Date: | Hits: 88

Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)

....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ..............Appellant Vs A.N.M. Serajul Haque be­ing dead his heirs: Jahibul Hoque and others..................Respondents Judgment March 2, 1989. Result: The appeal is allowed. The Laws (Continuance in Force) Order, 1958, Article 6(5)(b) The High Court Division was in error in ..

Category: Employment/Service Law | Date: | Hits: 80

Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)

....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......al) 457; Veeraswami Reddy Vs. Kanakammal AIR 1961(Mad)198; Muthia Chettiar & ors. Vs. V.E.S. Shanmugham Chettiar & another, AIR 1969(SC) 552; ILR 8 Bom 561; ILR 4 All. 530; 7 DLR (FC) 170. Lawyers Involved: Maksudur Rahman, Senior Advocate, instructed by B. Hossain, Advocate-on-Recordâ..

Category: Procedural Law | Date: | Hits: 132

S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)

....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dis­missed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......nt petition, even if admitted do not constitute any offence or the proceeding is barred by any law. Where disputed facts are involved evidence will be necessary to determine the issue………(4) Lawyers Involved: K.S. Hossain, Advocate in­structed by Sharifuddin Chaklader, Advocate-on-Recor..

Category: Criminal Law | Date: | Hits: 39

Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)

.... of a modern progressive Society, an educational institu­tion is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ......aintiff-Petitioner Vs Sreemati Sundari Kapali and others............................Defendants-Respondents Judgment June 6, 1989. Result: The petition is dismissed. The Hindu Law Dedication for religious or charitable purposes, includes dedication to hospital, university ..

Category: Family Law | Date: | Hits: 157

Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)

....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......y the advocate commissioner before final decree having regard to all the principles of partition and the defendants can take objection, if any, before the decree is made final…………….(13) Lawyers Involved: S.R.Pal, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Reco..

Category: Property Law | Date: | Hits: 32

Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)

....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dis­missed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ...... DLR 318; Md. Magdu Bhuiya Vs. Jabban Huq 11 DLR 355; Md. Habibullah Patwari Vs. Pran Ballav Bhakta & others 9 DLR 119; Sree Jugal Kishori Sarker Vs. Azizur Rahman & ors., 40 DLR (AD) 150. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Mozammel Huq Bhuiyan & Mrs. Rabeya Bhu..

Category: Property Law | Date: | Hits: 45

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

.... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......f and the State, 21 DLR SC 206; Abdur Rashid Khondkar v. Chandu Master and others, 16 DLR (SC) 605; Mohiuddin A. Quader v. Emperor (1903) ILR, Mad. 238; Devi Dyal v. The Crown (1923) ILR, Lah. 50. Lawyers Involved: Mujibur Rahman, Advocate instructed by Kazi Ebadul Huq, Advocate-on-Record—Fo..

Category: Criminal Law | Date: | Hits: 52