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FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)

....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. ...... Huq, Advocate-on-Record—For the Appellant. A. T. M. Afzal, Deputy Attorney-General, instructed by A. M. Khan Chowdhury, Advocate- on-Record—For the Respondents. Criminal Appeal No. 22 of 1974. (Appeal from the judgment and Order dated 13th October. 1969 passed ..

Category: Criminal Law | Date: | Hits: 66

Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)

....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......ay, 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.—This appeal by spe..

Category: Criminal Law | Date: | Hits: 57

M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)

....Respondent No. 1 Mr. Mainuddin Ahmed, a member of the Naranyanganj Municipal committee 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......M. Khan Chowdhury, Advocate-on-Record— For the Appellant (In all the appeals). Md. Meser AH, Senior Advocate instructed by S. M. Huq, Advocate-on-Record.—For the Respondent No. 1 (In Criminal Appeal No. 7-D of 1971). S. S. Hoda, Advocate-on-Record—For the Respondent No. 2 (In all the a..

Category: Civil Law | Date: | Hits: 142

Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)

....e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......ehatar Ali,  Advocate-on-Record—For the Appellant. M.A. Rouf, Senior Advocate, instructed by A.W. Mallick, Advocate-on-Record—For the Respondent. Criminal   Appeal No. 23 of 1974. (From judgment and order dated the 9th February, 1970 passed by the H..

Category: Criminal Law | Date: | Hits: 74

Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)

.... Ahsanuddin Choudhury, J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya, J. Swami Joytirghananda………..….Appellant. Vs. Deputy Commissioner, Khulna and others…………..Respondents. Judgment, ......sh;For the Respondent Nos. 1 and 2. S.S. Hoda,  Advocate-on-Record—Res­pondents Nos.  3(2)-3(7) Ex parte—Respondents  No.   3(1). Civil Appeal No. 29-D of 1969. (From the Judgment and order dated 26th and 30th January, 1969 pas..

Category: Procedural Law | Date: | Hits: 89

Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)

.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......te-on-Record. —For the Appellant. M. N. Khandker, Advocate, instructed by A. Rab-I, Advocate-on-Record.-For the Respondent No. 1 Exparte—Respondent Nos. 2-5. Civil Appeal No. 6-D of 1969. (From the Judgment and Decree dated 5-4-68 passed by the Dacca High Court ..

Category: Procedural Law | Date: | Hits: 99

Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)

....: 28 DLR (AD) 141.......owdhury, Senior Advocate, instructed by A. M. Khan Chowdhury, Advocate-on-Record -For the Appellant. Md. Hasan, Advocate, instructed by S.M. Huq Advocate-on-Record—For the Respondent. Civil Appeal No. 67-D of 1970. (From the judgment and Order dated 1-5-1968 passed by the Dacca High C..

Category: Fiscal/Taxation Law | Date: | Hits: 164

Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of In­come-Tax, Chittagong, 1976, 5 CLC (AD)

.... D.C. Bhattacharya, J. Fazle Munim, J. Jardine Henderson Ltd. Calcutta, India………………...Appellants in both the appeals. Vs. Commissioner of In­come-Tax, Chittagong…………....Respondents in both ......d by A. Rab-H, Advocate-on-Record—For the Appe­llants. A.W. Chowdhury, Sr. Advocate, instructed by A.M. Khan Chowdhury, Advocate-on-Record. —For the Respondents. Civil Appeals No. 16 & 17 of 1974. (From the judgment, and Order dated 30th October, 1969 pas..

Category: Fiscal/Taxation Law | Date: | Hits: 114

Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)

....e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......;For the Petitioners. Not represented—For the Respondents. Criminal Review Petition No. 2 of 1976. (Arising out of judgment and order dated 17. 6. 75 passed in Criminal Appeal No. 24 of 1974). Judgment: Ahsanuddin Choudhury, J.—This petition is f..

Category: Criminal Law | Date: | Hits: 66

Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)

....a report to this Ministry at an early date on the action in light of the above order 5. He is further requested to submit regular weekly reports to this Ministry on the prescribed proforma. 2. The Commissioner, Dacca Division and Chairman, Divisional Management Board, Dacca. 3. M/S. A. T. J. ......te on—Record. Moudud Ahmed, Advocate with Mainur Reza Chowdhury, Advocate instructed by S. S. Hoda, Advocate-on-Record—For the Respondent No. 1. Ex-Parte—Respondent Nos. 2 to 4. Civil Appeal No. 21 of 1975. (On appeal from the judgment and order of the High Court Division dated 22..

Category: Business or Commercial Law | Date: | Hits: 129

Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangla­desh and others, 1976, 5 CLC (AD)

....d others…………….....Respondents. Judgment, May 7, 1976. Cases Referred to: Hansraj Vs. H.H. Dave AIR 1970 SC 755 & Inland Revenue Commissioner Vs. Saxneo Lilley & Skinner (Holdings) Ltd. (1967) All E.R. 756; Thompson Vs. Gool......Appellant. Syed Ishtiaq Ahmed, Addl. Attorney-Gene­ral, with Mahmudul Islam, Asstt. Attorney-General, instructed by S.S. Hoda, Advocate-on-Record—For the Respondents. Civil Appeal No. 15 of 1974. (From the Judgment and Order dated 1-12-75 passed by the High Court..

Category: Business or Commercial Law | Date: | Hits: 109

Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)

....rms of compromise. Thereafter on 5-12-66 the pre-emptor, namely, the appellant filed an applica­tion under section 96(9)(c) of the Act for deli­very of possession with the help of a Pleader Commissioner. The said prayer was opposed by Respondent No. 1 Ashrafun Nessa and an application pur...... T. W. Chowdhury, Advocate, instructed by A. M. Khan Chowdhury, Advocate-on-Record—For Respondents. No. 1. Ranadhir Sen, Deputy Attorney-General— Amicus Curiae. Civil Appeal No. 13-D of 1971 (From the Judgment and Order dated 26-2-1968, passed by the Dacca H..

Category: Property Law | Date: | Hits: 77

Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)

....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ...... Involved: S.R. Pal, Senior Advocate, with S.C. Das, Advocate, instructed by A. W. Mian, Advocate-on-Record—For the Appellant. Md.  Nurul Advocate-on-Record—For the Respondent. Civil Appeal No. 100-D of 1968. (From the Judgment and Decree dated 6-6-1967 passed by the Dacca High ..

Category: Tenancy Law | Date: | Hits: 68

Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)

.... eldest son Abul Khair became the Mutwalli and on his death in Burma in 1944, the appellant suc­ceeded him as the Mutwalli of the Wakf Estate. He also got the Wakf enrolled in the office of the Commissioner of Wakfs on 9th May, 1944.  3. The suit was contested by Respondent No. 1......vocate, instruc­ted by Md. Nurul Huq, Advocate-on Record— For the Appellant. M, Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record.—Respondent No. 1. Civil Appeal No. 5-D of 1969. (From the judgment and Decree dated the 1st June 1966 of Dacca High..

Category: Trust/Waqf Law | Date: | Hits: 239

Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)

....sion of some of the joint properties to defendant Nos. 6 and 7 with a view to trans­fer the said properties; that defendants No. 9-27 and 34 are Bharatia tenants, that Defen­dant No. 28, the Deputy Commissioner, Dinaj­pur is also a Bharatia tenant in respect of a go down under requisition and tha......andra Bhattacharya J Azizur Rahman and another………….Appellants Vs. Sree Kailash Chand Burmecha and others………..Respondents Judgment August 26, 1975. Result: The Appeal fails. Cases Referred to- Hajee Nurul Islam Chowdhury and others Vs. The Patya Tea Com..

Category: Property Law | Date: | Hits: 93

Lal Meah, being dead his heirs Momena Khatun & others Vs. Haji Md. Ibrahim Meah & others, 1975, 4 CLC (AD)

.... call such additional evidence on the question as it may deem fit. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 61. ......cate-on-Record—For the Appel­lant. M.H. Khandker, Senior Advocate, instructed by Daliluddin Ahmed, Advocate-on-Record—For the Respondent No. 1. Ex parte—Respondent No. 2—5. Civil Appeal No. 8 -D of 1970. (From the Judgment and Decree date 24-2-1966 passed by the Dacca High ..

Category: Property Law | Date: | Hits: 82

Syed Mofazzal Hossain Vs. The Election Co­mmissioner and others, 1975, 4 CLC (AD)

....ad and Pourashava (Election) Order, 1973 do not contemplate a partial setting aside of an election. Election has been defined in the definition clause i.e., Rule 2(a) as meaning election of a Member, Commissioner, Woman Commissioner, Chair­man or Vice-Chairman of a Union Parishad or Pourashava, as ......Chandra Bhattacharya J Syed Mofazzal Hossain…………...Appellant. Vs. The Election Co­mmissioner and others……..Respondents. Judgment November 24, 1975. Result: The Appeal is dismissed. Lawyers Involved: Shah Azizur Rahman with Latifur Rahman, Advocates, ins..

Category: Election Law | Date: | Hits: 122

Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)

....l subsist subject to the prior lien or charge of the Go­vernment and in accordance with the obser­vation made herein. The appeal is allowed but without any order as to costs. Ed. ......ed by A. W. Mallick, Advocate-on- Record—For the Appellant. S. M. Huq, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 7 of 1973 (From the Judgment and order dated 2. 5. 1969 passed by the High Court..

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. ......(Criminal) Present: AB Mahmud Hussain CJ Ahsanud­din Chowdhury J Debesh Chandra Bhattacharya J 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 197..

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. ......e-on-Rccord.—For the Appellants. Faqeer Shahabuddin 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 H..

Category: Criminal Law | Date: | Hits: 64