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Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)

.... Appeal No. 167 of 1979 arises from the judgment and order of a Bench of the High Court Division passed in Writ Petition No. 471 of 1979 on July 9, 1979. 2. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the ......n and Distribution Company Ltd, did or did not maintain the cor­porate chancier of a limited company when in 1972. It was nationalized under the provi­sions of the Bangladesh Industrial Enterprise (Nationalisation) Order, 1972 P.O. No. 27 of 1972 and placed under the Corporation. The determination......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ...................................Appellant (In C.A. 65 of 1980). vs. Eastern Refinery Ltd. and others.....................................................Respondent Judgment June 12, 1980. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by A. Backkar, Advocate-on-Record..

Category: Employment/Service Law | Date: | Hits: 104

Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)

....nbsp; ...... any law­ful authority. Ed.                           ...... any law­ful authority. Ed.                           ......ngladesh Steamer Agents Association...............Appellant Vs. Bangladesh & ors .............................................Respondent Judgment May 31, 1979. Lawyers involved: Hamidul Huq Chowdhury, with Asrarul Hussain, Senior Advocates, Md. Khalilu..

Category: Others | Date: | Hits: 110

Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)

....p; Fazle Munim J   Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Goutam Ranjan Sen and other............... Appellant Vs. Bangladesh and others………………………&hellip......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......p;…………. Respondent Judgment January 8, 1981. Case Referred To:- M/S.  Dulichand Omraolal vs. Bangladesh (1981) 33 D.L.R (AD) 30. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A- Rib-II, Advocate on Record&mda..

Category: Property Law | Date: | Hits: 39

Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)

....riminal) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Khandaker Ehtehshamuddin Ahmed @ Iqbal………………….Appellant Vs. Bangladesh and others………………………………………….Respondents Judgment M......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......ration of Pakistan vs. Saeed Ahmed, PLD 1974 (SC) 151, State vs. Dosso (1959) 11 DLR (SC) 1; PLD 1958 (SC) 533, Nusrat Bhutto vs. Chief of Army Staff and Federation of Pakistan, PLD 1977 (SC) 657. Lawyers Involved: MH Khondker, Senior Advocate (Kh. Mahbub Hossain, Advocate with him) instructe..

Category: Constitutional Law | Date: | Hits: 292

Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)

.... This Case is also Reported in: 33 DLR (AD) (19781) 143. ...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......an application under Article 102 of the Constitution against the Screening Board dealing with the respondent who belongs to the disciplined force as defined in the Constitution………….(15,16) Lawyers Involved: B. B. Roy Chowdhury, Assistant Attorney General, instructed by M. R. Khan, Adv..

Category: Employment/Service Law | Date: | Hits: 102

S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)

....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......p;……………………………………………..Respondent Judgment January 14, 1980. Lawyers Involved: Abdul Hamid Advocate instructed by Aftab Hossain, Advocate-on-Record&mdash..

Category: Criminal Law | Date: | Hits: 62

Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)

....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ............................................Appellant Vs. Jatindra Lal Chowdhury and others....................................Respondents Judgment December 11, 1980. Lawyers Involved: B.B.Roy Chowdhury, Senior Advocate instructed by Abdur Rab-II, Advocate o..

Category: Constitutional Law | Date: | Hits: 153

Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)

....ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......l 143, Suraj Prosad vs. Baldeo, AIR 1928 All. 111, 50 All. 254, Gedi Mai vs. Huna Mal, 1931 Lahore 332, Misa Pramanik vs. Khatu Sonar, 54 CWN (2 DR) 67, Abdul Sheikh vs. Mohammad Ayub, 24 CWN 380 Lawyers Involved: Anil Chandra Sarkar, Advocate instructed by B.C. Panday, Advocate-on-Record-Fo..

Category: Procedural Law | Date: | Hits: 147

Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)

....f attorney executed in India and authenticated by a Magistrate in India and not authenticated by any author­ised officer of Diplomatic Mission of the then Pakistan in Calcutta is a valid document in Bangladesh which could be acted upon. Facts in short are, that the plaintiff Haji Abdul Karim migrat......edule lands of the plaint. The parties will have opportunity to prove the po­wer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......edule lands of the plaint. The parties will have opportunity to prove the po­wer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Appellants Vs. Babr Ali Bepari and others......................................... Respondents Judgment August 27, 1980. Lawyers Involved: M.G. Rabbani, Advocate, instructed by B.C.Panday, Advocate-on-Record.—For the..

Category: Others | Date: | Hits: 128

Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)

....some of the co-sharers by inheritance. On a revisional application filed by the pre-emptor-respondent under Section 115 of the Code of Civil Procedure the learned Single Judge of the High Court of Bangladesh set aside the judgment of the lower Appellate Court holding that the pre­emption cas......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......ip;…………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment March 18, 1980. Lawyers Involved: Akram Hossain Amin, Advocate-on-Record.—For the Appellants. ..

Category: Property Law | Date: | Hits: 73

Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)

....ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Khadomul Islam Chowdhury…………………….Appellant Vs. Bangladesh and others ……………………………..Respondents Judgment July 21, 1980. ......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......drul Haider Chowdhury J Khadomul Islam Chowdhury…………………….Appellant Vs. Bangladesh and others ……………………………..Respondents Judgment July 21, 1980. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate instructed by Md. Shafiqur Rahman, Advocat..

Category: Constitutional Law | Date: | Hits: 160

Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)

....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......arwari A.I.R. 1925 Pat. 1; Somamndaram, A.I.R. 1917 Mad. 185; Venkatraraju, A.I.R. 1943 Mad. 248; Kurgodlgouda A.I.R. 1917 Bom 210; Hamidal, A.I.R. 1921 Bom 67; bhaunath, A.I.R. 1934 Pat. 246(2). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Instruc­ted by Abu Backkar, Advocate-on-..

Category: Procedural Law | Date: | Hits: 111

Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)

....sion in the Chittaranjan Sutar's  case even if it stood after the dis­posal of  the appeal before the  Pakistan Supreme Court is not binding upon this Appe­llate Division of Bangladesh Supreme Court and this Division may examine the question. There is no dispute that this ......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......p;………… Respondents Judgment March 23, 1982. Case Referred to- Mohandra Lal Jaini vs. State of Uttar Pradesh AIR 1963 (SC) 1019. Lawyers Involved: Hamidul Huq Chowdhury, Senior Advocate instructed by Miah Abdul Gafur, ..

Category: Property Law | Date: | Hits: 75

Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)

....Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......ugust 15, 1979. Cases Referred to-       AIR 1935 Allahabad 323, AIR 1938 La­hore 117; AIR 1935 P.C. 85; AIR 1945 Mad 86; AIR 1948 Bom. 185. Lawyers Involved:              ..

Category: Property Law | Date: | Hits: 54

Govt. of Bangla­desh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)

....ight which can be enforced by a writ petition. 2. Respondent Mohammad Arshad Ali caused detection and recovery of 1514 tolas of gold and 3271 tolas of silver in the course of smuggling from Bangladesh to India in Satkhira, Khulna. The respondent handed over the articles to the Sub-Divisio...... Kemaluddin Hossain CJ F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Govt. of Bangla­desh, represented by the Chairman, National Board of Revenue ……………………. Appellan......e sustained. Therefore, the appeal is allowed. The judg­ment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ...... Vs. Md. Arshad Ali………………………………......... Respondent Judgment February 25, 1982. Lawyers Involved: A Wadud Bhuiyan, Deputy Attorney General, B. Hossain, Assistant Attorney G..

Category: Criminal Law | Date: | Hits: 171

M/s. Everett Ori­ent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)

....bsp;   Badrul Haider Chowdhury J.—These are two certificated appeals under section 66 (a) (2) of the Income Tax Act. The assessee-appellant is a Company incorporated outside Bangladesh but carries on business in Bangladesh through local Agents. It is Shipping Company and i......ot;prescribed". Section 2 clause (10) defines 'prescribes' nam­ely, prescribed by Rules made under this Act. Section 59 which is the rule making power reads as under: "The National Board of Revenue may make rules for carrying out the purposes of this Act and for the a......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ...... Agencies of Bang­ladesh Ltd..... Appellant. Vs. Commissioner of Income Tax Chittagong Zone, Chittagong……Respondents Judgment March, 11, 1982. Lawyers Involved: Syed Ishtiaq Ahmed, Advocate. Mohammad Hossain, Advocate instructed by S. ..

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

Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)

....hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ......hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ......hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ......lip;……………………………………………Respondent Judgment April 13, 1982. Lawyers Involved: M, Hassan, Advocate instructed by S.M, Huq, Advocate-on-Record, — Fo..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)

....ent: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Mofizur Rahman Khan…………………...Appellant Vs. Govt. of Bangladesh…………………... Respondent (In Civil Appeal No. 73 of 198) And Govt. of Ba...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......V West Pakistan (1970) 22 DLR (SC) 208; Sai Md. vs. W st Pakistan PLR (1958)(SC) 181; Millner V. Raita Commonwealth Law Report Vol 66(1942-43): Basanto Co. Ghosh vs. Em­peror AIR 1944 (P.C.) 36. Lawyers Involved: Shaukat Ali Khan, Advocate instructed by A. B. Majumder, Advocate-on-Record—..

Category: Constitutional Law | Date: | Hits: 188

Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)

.... 1979. 2. Facts necessary for disposal of the appeal are that the appellants filed the above noted writ petition before the High Court Division under Article 102 of the Constitution of Bangladesh calling in question the legality of the order of conviction passed by the Appellate Tri......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......Cases Referred To- Dr. Hori Ram Singh V. Emperor, AIR 1939 P.C. 43; S. Kuppuswami Rao V. King AIR 1949; F.C.I. Golzar Hasan Shah V. Gholam Murtaza (1970) 22 DLR S.C. 258. Lawyers Involved: Shaukat Ali Khan, Advocate, instructed by A. Basel Majumder, Advocat..

Category: Criminal Law | Date: | Hits: 40

Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)

....Appellate Division (Civil) Present: Kemaluddin Hossain CJ F. K, M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Power and Water Resources ……&hel......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......ellip;……………………………………………Respondents Judgment March 18, 1982. Lawyers Involved: Matiur Rahman, Assistant Attorney-General, instructed by M.R. Khan, Advoca..

Category: Employment/Service Law | Date: | Hits: 92