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Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)

....ucted by S, S. Hoda, Advocate-on-Record—For the Appellant. Ex-parte—Respondents. K. A. Bakir, Attorney-General instructed by B. C. Panday, Advocate-on-Record—U/O XLV, Rule 1, 5. C (A.D) Rules. Civil Appeal No. 9 of 1974. (From the judgment and order ......p;.Respondents Judgment            June 2, 1976.              Lawyers Involved: Mustafa Kamal, Advocate, instructed by S, S. Hoda, Advocate-on-Record&mdas..

Category: Others | Date: | Hits: 157

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

.... is no reason to think that whatever was done or purported to have been done was beyond the scope of the official duty of respondent Bahauddin Ahmed. 9. Mr. Aminul Huq contended that under Rule 157 of Police Regulations, Bengal, 1943 there ought to have been a full executive Enquiry to a......atajagdobey Vs. H. C. Bhari, P.L.D.  1957 (S.C.) (India) 160; Syed Ahmad Vs. The State, 1958, 10 D. L. R. (S. C.) 12 PLD 1958 (S.C.) 27; Baijnath Vs. State of M.P. in A.I.R. 1966, 220. Lawyers Involved: Amirul Huq, Advocate-on-Record—For the Appellant. A. T. M. Af..

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. ...... Shera Vs. The Crown (6 D.L.R. (F.C.) 80), State of Andh. Pra. Vs. T. Narayana (AIR 1962) SC. 240, Lakhan Mahto Vs. State of Bihar (AIR 1966, SC. 1742); Shera Vs. The Crown (6 BLR (FC) 80). Lawyers Involved: S.R, Pal, Senior Advocate, Supreme Court, instructed by Mohd. A. Aziz, Adv..

Category: Criminal Law | Date: | Hits: 57

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

....f 1971 was declared elected unopposed as Vice-Chairman of the Narayanganj Municipal Committee. 3. On the 24th December, 1966 respondent Mr. Mainuddin Ahmed filed an application under Order XXXIX, Rule 2 of the Code of Civil Procedure before the Munsif of the afore said court for taking action ag...... Appellant And Md. Khurshed Alam Khan………….Appellant Vs. Mainuddin Ahmed and another……..Respondent Judgment April 27, 1976. Result: The appeal is dismissed. Lawyers Involved: K. A. Bakr, Advocate, instructed by A. M. Khan Chowdhury, Advocate-on-Recordâ€..

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. ...... 146); Empress of India Vs. Ajudhia (2 Allahabad (644), In re-Natesa Mudaliar, A.I.R. 1945 Madras, 330. Sital Vs. Emperor AIR 1942 Oudh. 214. Reg. Vs. Tukay Bin Tamana, I.L.R. 1 Bombay 214. Lawyers Involved: Md. Behatar Ali,  Advocate-on-Record—For the Appellant. M..

Category: Criminal Law | Date: | Hits: 74

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

....ade the following order on the 30th January, rejecting his application: “Heard learned Advocate and per­used an application filed in Court on 29-1-68 for restoration of the Rule. There was none present in Court on behalf of the petitioner when this item was called for he......nanda………..….Appellant. Vs. Deputy Commissioner, Khulna and others…………..Respondents. Judgment, Dec 9, 1975. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A. Rab-II, Advocate-on-Record&mdas..

Category: Procedural Law | Date: | Hits: 89

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

....against a judgment and order of a Single Judge of the Dacca High Court reversing a concurrent order of rejection of the plaint, filed in a suit instituted by Respondents No. 1 and 2, under Order 7 Rule 11 of the Code of Civil Procedure, 2. Respondents No. 1 and 2 instituted the suit again......ia Vs. Mask & Co. L. B. 67 I. A. 222 = A.I.R. 1940 P.C 105; Abdul Rouf and others Vs. Abdul Hamid Khan in 16 D.L.R. (S.C.) 515; Phool Chand Vs. Gopal Lal, reported in A.I.R. 1967, 1470; Lawyers Involved: Shamsul Huq Chowdhury, Advocate, instruc­ted by Mr. A. Rab-H, Advocate..

Category: Procedural Law | Date: | Hits: 99

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

....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......= 160(2) Taxation 130; Pandit Brothers Vs. Commissioner of Income-Tax, AIR 1955 Pun­jab 42 = 1954 (26) ITR 159; Ghanshyamdas Farmanand Vs. Commissioner of Income-tax (1952-21 ITR 79 at page 81). Lawyers Involved: A.W. Chowdhury, Senior Advocate, instructed by A. M. Khan Chowdhury, Advocate-..

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

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

.... 113 of 1969 and affirmed the order of conviction and sentence passed by the learned Magistrate. Thereafter the accused-petitioners move the High Court in its revisional jurisdiction and obtained a Rule being Criminal Revision 150 of 1971 which was heard and disposed of by a Single Bench of the H......im, J. Abul Hossain & ors………...Petitioners. Vs. The State and anr………...Respondents. Judgment April 6, 1976. Lawyers Involved: Shaukat Alt Khan, Advocate, with A. Basel Majumdar, Advocate, instructed b..

Category: Criminal Law | Date: | Hits: 66

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

....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......charya J Government of Bangladesh......Appellant. Vs. Messrs A. T. J. Industries Ltd. and others…….Respondents Judgement March 15, 1976. Result: The appeal is dismissed. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-General with Mahmudul Islam, Assistant Attor..

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

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

....s like banyans, Jerseys, Sweaters etc, it was lia­ble to duty under Item 15A of the First Sche­dule of the Central Excise and Salt Act, 1944 and asking the Company to follow Central Excise Rule end Procedure regarding clearance of stockinet’s on payment of duty. The appellant Compa......ers, Sons & Maxim Ltd. Vs. Evans (1910) A.C. 444 of page 445; Messers Usmania Glass Sheet Factory Limited Vs. Sales T s Officer, Chittagong (1970) 22 DLR (SC) 43T— PLD 1971 SC 205. Lawyers Involved: M. Habibur Rahman, Advocate, instructed by A. Bakkar, Advocate-on-Record&m..

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

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

....of the Dacca High Court, namely, Ranjit Singh Hazari Vs. Juman Meah, 13 D.L.R, 105, may be noted here. In the said case in execution of an order directing restoration of possession under Order XXI Rule 101 of the code, certain persons, who were alleged to have been ousted from certain land appli...... Singh Hazari Vs. Juman Meah,13 D.L.R. 105; Ankala Venkata Reddy Vs. Manchala Venkata Reddy (A.I.R. 1915 Madras 1222; Dharani Dhar Ghose Vs. Phanibhusan Mukherjee 50 C.W.N. 837.    Lawyers Involved: Golam Rabbani, Advocate, instructed by Md. Behter Ali, Advocate-on-Reco..

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. ......I.R. 1929 Cal. 152; Ramji Patal Vs. Rao Kishore Singh, L.R. 56 LA. 280 = 33 C.W.N. 893 = A.I.R. 1929 P.C, 190; Misrailal Vs. Mst. Surji, 9 D.L.R. 375; Abdul Majid Vs. Khalil 12 D.L.R. (S.C.) 132. Lawyers Involved: S.R. Pal, Senior Advocate, with S.C. Das, Advocate, instructed by A. W. Mian, ..

Category: Tenancy Law | Date: | Hits: 68

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

.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record.   The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......oz Ahmed Choudhury (1952) 4 DLR 604—1951 PLR (1) Dacca, 576; Badrul Huq Rashidi Vs. Shah Hossain Ahmed AIR, 1935. Allahabad 278; Gobinda Chandra Vs. A. Majid, A.I.R. 1944 Calcutta 163. Lawyers Involved: Asrarul Hossain, Senior Advocate, instruc­ted by Md. Nurul Huq, Advoc..

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

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

....aid date. 8. Defendants No. 6 and 7 without filing any written statement as directed moved the High Court at Dacca with an application under section 115 of the Code of Civil Procedure, on which a Rule was issued and the said Rule was discharged by a Bench of the said High Court on 28.7.71. Altho...... Tea Company Limited (1968) 20 DLR (Dac.) 54, PLD 1969 Dacca 946; Mt. Tulsha Devi Vs. Shah Chironjeelal and others AIR 1943 All. 1; Anadilal and others Vs. Ram Sarup and others, AIR 1936 All 495. Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Rec..

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. ......ahadur Vs. Srinath, Chakrabarti 31 C.W.N. 135, Kumar Rai Vs. Baraboni Coal, A.I.R. 1935 Calcutta 36, Jemarat Ali Vs. Rahman Sardar, 17 DLR 589, Pramatha Nath Vs. Kamir Mondal, 17 DLR (SC) 392. Lawyers Involved: B. N. Chowdhury, Advocate, instructed by A. Rab-II, Advocate-on-Record—For t..

Category: Property Law | Date: | Hits: 82

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

....ur Rahman, Advocates, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Faqeer Shahabuddin Ahmad, Attorney-General, instructed by A. M. Khan Chowdhury, Advocate-on-Record- U/O XLV Rule 1 (SC) Appellate Division Rules 1973. Civil Appeal No. 10 of 1975 (From the Order dated...... 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, instructed by B. Hossain, A..

Category: Election Law | Date: | Hits: 122

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

....Vs. Motiba Chetty 561.C. 948, and Shantanand Vs. Basadevanand 52 Allahabad 619 AIR 1930 Allahabad  225. The learned Judges mostly relied oh the cases of Banamali Sen and Shanta­nand. The Rule was discharged. 5. The then province of East Pakistan ob­tained leave against the s...... Shanthanand Gir Vs. Mahant Basundevanand Gir, I.L.R. 52 All. 619 same case A.I.R. 1930, All. 225; C.V. Raghavayya Vs. Chamria Talkie Distributors and another, A.I.R. 1958 Andhra Pradesh 31. Lawyers Involved: Mahmudul Islam, Assistant Attorney-General, instructed by A. W. Mallick, A..

Category: Civil Law | Date: | Hits: 103

Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)

....and appel­lant of Appeal No. 29 obtained a rule in Cri­minal Revision No. 786 of 1970 for quashment of the proceedings against them. High Court refused to quash the proceedings and dischar­ged the Rules. 4. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the appellants has con­tended that......ult: The appeals are dismissed. Cases Referred to- Raja Huq Newaz V. Mohd. Afzal, 19 DLR (SC) 369; Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317, Gianchand Vs. State, 1968 Pakistan Criminal Law Journal (SC) 764, R.P. Kapur Vs. State, AIR 1960 (SC) 866, M.S. Khawaja Vs. State, 17 DLR (SC) 1..

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. ......Appellants.              Vs. The State............................Respondent Judgment Jan. 14, 1976. Lawyers Involved: Aleem-Al-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Rccord.&mda..

Category: Criminal Law | Date: | Hits: 64