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Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
...., Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Aftab Hussain, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 68 of 1983. (From the judgment and order dated May 5, 1981 passed by the High Court Division in Civil Revision No. 263 of 1981.) Judgment ......Court Division in Civil Revision No. 263 of 1981.) Judgment Fazle Munim CJ. - I have gone through the judgments written by Badrul Haider Chowdhury and Shahabuddin Ahmed, JJ. I concur with the decision of Badrul Haider Chowdhury, J. Badrul Haider Chowdhury J.-This appeal by special leav..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....llants. B. N. Chowdhury Advocate, instructed by Md. Shamsul Haque Siddique, Advocate-on-Record —For the Respondent Nos. 1-3. Civil Appeal No. of 155 of 1983. From the Judgement and decree dated 15. 3. 83 passed by the High Court Division, Comilla Bench, in SA No. 394 of 1967. Judgment......ppearing for the respondents, contended that since the appellants did not file any appeal against the preliminary decree he is now precluded from disputing its correctness, Reliance was placed on the decision reported in A.I.R 1961(S.C).790, 42 IA 91. AIR 1965 (S.C.) 1325. The latter decision howeve..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
.... Advocate (A. J. Mohammad Ali, Advocate with him) instructed by Mr. Sharifuddin Chaklader, Advocate-on-Record—For the Respondent. Civil Appeal No. 33 of 1984. (From the Judgment and Decree dated 16.2.82 passed by the High Court Division in Second Appeal No. 45 of 1963.) Judgment: Fa......nceded that if there were some irregularities these are covered by the amendment it to the relevant sections of the Act by Land Revenue Sales (Amendment) Act 1943 (Bengal Act II of 1943) and also the decision reported in 12 DLR 339. 9. Mr. Khondoker finally submitted that the suit for simple decl..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....e, with him), instructed by Md Aftab Hossain, Advocate on Record—For the Respondent No.1. Ex-parte- For the Respondent Nos. 3-13. Civil Appeal No. 103 of 1984 (From the Judgment and order dated 18th January 1984 passed by the High Court Division, Comilla Bench, in Civil Revision No. 184 ......tiff and the defendants and on these findings he dismissed the suit by judgment dated 8-5-74, The plaintiff preferred an appeal but the appeal was dismissed by the subordinate Judge against whose decision the plaintiff filed a revisional application being Revision Case No. 387 of 1981 before t..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
.... Respondent Nos. 1. Mohammad Ayub, Advocate on Record —For the Respondent Nos. 2—4. Ex-parte-For the Respondent Nos. 5 & 6. Civil Appeal No. 166 of 1983. (From the judgment and order dated 13th April, 1983 passed by the High Court Division, Dhaka, Beach in Civil Revision No. 1226 of......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....ocate instructed by N.H. Khondkar, Advocate- on-Record—For the Despondent No. 1. Ex-parte—For the Respondents Nos. 2 & 3. Civil Appeals No. 146 of 1983. (From the judgment and order dated 10.8.83 passed by the High Court Division, Dhaka, in Civil Revision No. 525 of 1980.) Judgm......ional application under section 115 (1) of the Civil Procedure Code agitating the same point, and a learned Single Judge of the High Court Division by impugned order dated 10 August 1983 reversed the decision of the Courts below and held that the respondent was a government servant and that the orde..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....ate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 37 of 1985 (From the Judgment and order dated 17-1-83 passed by the High Court Division, Dhaka in Death Reference No.9 of 1980 and Criminal ......t enables it to better appreciate the evidence and circumstances which are described by parties in conflicting manners. By such trial the Court gets both sides of the picture and arrives at correct decision avoiding conflicting findings which are likely to occur if separate courts held the trials...Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....ddin Ahmed, Senior Advocate (Shah Abu Nayeem, Advocate with him) instructed by Abu Backkar, Advocate-on-Record—For the Respondent. Civil Appeal No. 106 of 1984 (From the Judgment and Order dated 9.7.84 passed by the High Court Division, Dhaka Bench in Civil Revision No. 412 of 1983). J......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....rd—For the Appellant. Chowdhury Ramzan Ali, Advocate, instructed by Abu Backkar, Advocate-on-Record —For the Respondent. Civil Appeal Nos. 115-119 of 1984. (From the Judgment and Order dated 8.1.84 & 10.1.84 passed by the High court Division, Dhaka in Application Nos. 6, 7, 8, 9 a......section (2) of section 23 had already been served. 6. Mr. Chowdhury Ramzan Ali, learned Counsel, appearing for the respondent attempted to justify the view of the High Court Division by citing a decision Commissioner of Income Tax Vs Fazlur Rahman (1964) 16 DLR (SC) 506; PLD 1964. S.C. 410 whic..Category: Fiscal/Taxation Law | Date: | Hits: 95
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....For the Respondent. A.W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Record. —Amicus curiae. Criminal Appeal No 1 of 1983. (From the Judgment and Order dated 22.7.84 passed by the High Court Division, Dhaka in Criminal Revision No. 91 of 1984.) Ju......e different from those, for example, of ss. 196 and 198, Criminal P.C, by which a bar is placed upon the jurisdiction of the Criminal Courts." 17. In the latter case, reliance was placed upon this decision in holding that a private person can complain of the commission of offences under the Com..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
.... instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 2. Ex-parte—For the Respondent Nos, 3 & 4. Civil Appeal No. 101 of 1984. From the Judgment and Order dated 7th & 8th December, 1983 passed by the High Court Division, Chittagong in First Appeal N......dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ..Category: Business or Commercial Law | Date: | Hits: 118
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....ted by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 1. Ex-parte—For the Respondent Nos. 2 & 3. Civil Appeal Nos. 53 and 54 of 1984. (From the Judgment and order dated 8th March, 1984 passed by the High Court Division in Matter No. 3 of 1982.) Judgment Bad...... that if and when the Company Judge directs an issue to be tried in connection with an application under section 38 of the Companies Act in which any question of law may be raised, an appeal from the decision of the Company Judge on such an issue shall lie to the Appellate Division directly and th..Category: Company Law | Date: | Hits: 195
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....Record —For the Appellant. Miah A. Gafur, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 134 of 1982. From the judgment and decree dated 26th May, 1982 passed by the High Court Division in Second Appeal No. 293 of 1976). Judgmen......sion that ''both the courts have found that the plaintiff's vendor were dispossessed in the year 1357 B.S." This was palpably wrong and contrary to record. The learned Single Judge then referred to a decision in 19 DLR 912 for the proposition that that until the plaintiff oroves his possession withi..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....cate, instructed by Md. Sajjadul Huq, Advocate-on- Record—For the Respondent Nos. 1-3. Ex-parte—For the Respondent No. 4. Criminal Appeal No. 46 of 1984. From the Judgment and Order dated 22.2.84 and 5.2.84 passed by a Division Bench of the High Court Division, Chittagong Bench, in......e innocent accused Zahirul Islam Chowdhury, Abdul Kader Chowdhury, Abu Bakkar Chowdhury and Shah Alam clearly amount to harassment and abuse of the process of the Court." Reliance was placed on the decision reported in 1950 Cr.L.J. 838 (Punjab) holding that criminal proceedings started on a comp..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....ate instructed by Wahidullah, Advocate-on-Record— For the Respondent No. 3. Not represented—For the Respondent Nos. 1-2 & 4. Civil Appeal No. 34 of 1985. From the Judgment and Order dated 4.3.85 passed by the High Court Division, Dhaka in writ petition No. 20 of 1985. Judgment ......In the Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), in section 29, for sub-section (3) the following shall be substituted, namely : (3) Save as provided in sub-section (4), the decision of an Election Tribunal on an election petition shall be final. (4) Any person aggriev..Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....M. Golam Rabbani, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Ex-Parte—For the Respondent. Civil Appeal No. 47 of 1985. (From this judgment and order dated 11.6.84 passed by the High Court Division, Rangpur Bench in Civil Revision No. 1244 of 1931). ......adduced on appeal for pronouncing the judgement or for any substantial cause. Duplicate rent receipt being found out during pendency of appeal and such receipt containing substantial cause for making decision in the suit shall have to be taken into evidence on appeal as additional evidence. The Appe..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....ate-on-Record—For the Appellants. B.N. Chowdhury, Advocate, instructed by S. R. Karmakar, Advocate-on-Record—For the Respondent. Civil Appeal No. 89 of 1984 (From the Judgment and Order dated 8.11.83 passed by the High Court Division, Dhaka Bench, in Second Appeal No. 974 of 1967) J....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....ior Advocate, with Huq Bhuiyan, Advocate, instructed by S. S. Huda, Advocate-on-Record. —For the Respondents. Civil Appeal No. 90-D of 1968. (From the judgment and order dated 29-6-66 passed by the Dacca High Court in F. A. No. 91 of 1961). Judgment: &nbs...... while a previous statement used to contradict a witness does not become substantive evidence and merely serves the purpose of throwing doubt on the veracity of the witness." The decision of the Full Bench of the Lahore High Court in the case of Firm Malik Das Raj Vs. Firm Pear..Category: Property Law | Date: | Hits: 37
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....r the Appellants. Aminul Huq, Advocate-on-Record—For the Respondent. Rafiq-ul Huq, Advocate—Amicus Curiae. Civil Appeal Nos. 22-D, 23-D and 24-D of 1969. (From the Judgment and Order dated 22nd January, 1969 passed by the Dacca High Court in Petition Nos. 170, 181 and 182 of 1967). ......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....d— For the Respondents. Civil Appeal Nos. 10-D, 11-D, 12-D, 13-D, 14-D, 15-D, 16-D, 17-D and 18-D of 1969. (On appeal from the judgment of the erstwhile High Court of East Pakistan dated 21-12-1967 passed in Pakistan Nos. 157, 158, 159, 160, 161, 162, 163, 164, 165, 235 and 327 ......ign State can accept or reject actions of the officers of the past State, but no Court can saddle the Government with liability on a reference to "public mischief" indicated in the above decision on which Mr. Khondker laid stress. His argument would have been very much appreciated, had..Category: Business or Commercial Law | Date: | Hits: 81
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