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Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)

....;ther.......................Defendants-Respondent Judgment June 28, 1977. Result: The appeal fails. Lawyers Involved: Abu Taker Chowdhury—For the appellant. Md. Ansar Ali—For the Respondents. Appeal from Appellant Decree No. 136 of 1970. Jud......ourt High Court Division (Civil Appellate Jurisdiction) Present: Ranadhir Sen J Ibrahim Malitha & others.........................Plaintiff-Appellate Vs. Izahar Ali Mir and ano­ther.......................Defendants-Respondent Judgment June 28, 19...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ...... High Court Division (Civil Appellate Jurisdiction) Present: Ranadhir Sen J Ibrahim Malitha & others.........................Plaintiff-Appellate Vs. Izahar Ali Mir and ano­ther.......................Defendants-Respondent Judgment June 28, 1977. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 2

Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)

....not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303.   ......ellant Vs. Abdul Matin & others......................Opposite Parties Judgment June 22, 1977. Result: The appeal is dismissed. Lawyers Involved: M. Behtar Ali—For the Appellant. No One—For the Respondent. Appeal from Original Order ......not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303.   ......orkmen's Compensation, in Workmen's Miscellaneous Case No.76 of 1974. The respondent having been injured, filed a miscellaneous case under Workmen's Compensation Act for compensation and the Commissioner passed an award of compensation amounting to Tk. 8,400/- declaring that the emp..

Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ..........................Opposite party Judgment June 21, 1977. Result: The Rule is discharged. Cases Referred To- Mosam Khan and others Vs. The State (1969 SCMK 208); Sultan Ali Nanghiana Vs. Nur Hussain, in AIR 1949 Lahore 131; Wolverhampton New Water Works Co. Vs. Hawkesf......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ......) (1978) 219.       ..

Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1

Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra Vs. The State and others, 1977, 6 CLC (HCD)

....ndered by both the learned Assistant Advocate General and Mr. Serajul Huq. Muhammad Habibur Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 103.   ......um A.K. Abdul Karim,(1967)19 DLR (SC) 403; Liversidge Vs. Anderson; Government of West Pakistan Vs. Begum A. Karim, (1969) 21 D.L.R. (S.C.) page 1; Vimblabai Desphande (A.I.R. 1946 P. C. 123);Nakhuda Ali Vs. Jayanton (1951 A.C. 66);Overseas of Poor Vs. London Northwestern Railway; Saleha Begum Vs. G......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq. Muhammad Habibur Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 103.   ...... Special Jurisdiction) Present: BadrulHaider Chowdhury J M.H.Rahman J Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra.............. Petitioners Vs. The State and others.................................................OppositeParty Judgment June 21..

Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1

Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)

....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ...... others…………………….Respondent Judgment June 21, 1977. Result: The appeal is allowed. Cases Referred to- Jaffar Meher Ali Vs. Budge Jute Mills Co., ILR 33 Calcutta 702; ILR 34 Cal. 289; Chandra Srinivasa Rao Vs. Korrap......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......howdhury J Kemaluddin Hossaian J DC Bhattacharya J Fazle Munim J Shamsuddin Ahmed…………………..Appellant Vs. Mohd. Hassan and others…………………….Respondent Judgment ..

Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60

Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)

....se is also Reported in: 30 DLR (HCD) (1978) 124.   ......rival of the boat at Muhammadpur ghat the local people on enquiry came to learn about the taking away of six bags of wheat. On 31st October, 1974 the people found Ismail Member in the house of Rostum Ali and asked him about the wheat and on his inability to say anything he was taken by force by the ......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124.   ...... Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J Md. Kalu Bhuiyan@ Kalu Miah................................Petitioner Vs. Special Tribunal No.II, Comilla and another.............Respondents Judgment June 9, 1977. Result: The rule is d..

Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2

M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and ano­ther, 1977, 6 CLC (AD)

....ng Bank Limited Vs. Rambler Cycle Co. Ltd. (1959) 3 All. E.R. 182 (PC). Lawyers Involved: Ahmad Sobhan, Advocate instructed by B.C. Panday, Advocate on-Record—For the Appellant. Md. Hafizullah, Advocate, instructed by Abdur Rab-II, Advocate-on-Record—For Respondent Nos.1 ......ith the coal or coal sweepings on board the ship. The evidence as discusseed by the Trial Court on this point is contained in the following passage:— "According to D.W.2 Mohammad Ali who is a Cargo Supervisor under the Clan Line Steamer Co. of whom Messers. James Fin lay and Co ......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......ourt are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357

Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)

....since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ......ies Judgment June 7, 1977. Result: The Rules are discharged of. Cases Referred To- Matilal Sikder and Ors. Vs. Benodimi Dasi in 28 D.L.R. Appellate Division) 5; Jamiyat Ali vs. Mrs. Cheman Ara Begum 20 DLR 480; Jahiruddin Cain & others Vs. Mohammad Shoukat Ali Bisw......since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ......Civil Revisional Jurisdiction) Present: Ranadhir Sen J Tahurul Karim @ Tahurul Karim Khan Chowdhury………………Petitioner Vs. Abdul Hashim and others……………………………....

Category: Property Law | Date: 7 Jun, 1977 | Hits: 5

Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)

..... A.I R. 1961 Bom. 200 Lawyers Involved: Syed Azizul Huq with Sultan Hoisain Khan, Advocates—For the Appellant, (In Appeal No.12 of 1967 and Respondents (In Appeal No.1 of 1968). Md. Joynal Abedin with Mozammel Haque Khan, Advocate–For Respondent (In appeal No.1 of 1968 an......evidence of P. W.s 1 and 2 we get the necessary informations as to time, place and manner of the accident. 14. As against the evidence of these two witnesses the defendant examined D.W. 2 Master Ali Akbar, who was the Master of Steamer Ostrich; D.W.3 Hiran khan, Sareng; D.W.4 Abdul Latif, Sukha......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149.         ......149.         ..

Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4

Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)

....a Khatun and others…………………Opposite Parties Judgment March 8, 1977. Result: The Rule is made absolute. Lawyers Involved: Md. Abdul Hague- For the Petitioner M. Behter Ali—For Opposite Party Nos.1-9. M.H. ......hellip;……Opposite Parties Judgment March 8, 1977. Result: The Rule is made absolute. Lawyers Involved: Md. Abdul Hague- For the Petitioner M. Behter Ali—For Opposite Party Nos.1-9. M.H. Khandker, B.N. Chowdhury and Mahmudul Islam—Am......circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417.     ......ion) Present: Abdul Wadud Chowdhury J Taferuddin Pramanik……………………………Petitioner Vs. Tahmina Khatun and others…………………Opposite Parties Judgment ..

Category: Property Law | Date: 8 Mar, 1977 | Hits: 3

M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)

....sult: The Rule is made absolute. Lawyers Involved: M. H. Khandker with M. B. Rahman–For the Petitioner. Mostafa Kamal, Advocate-General with Quazi Shafiuddin Ahmed and A. H. Md. Saadat Ali Khan—For the Respondents. Writ Petition No. 495 of 1974. In the matt......The Rule is made absolute. Lawyers Involved: M. H. Khandker with M. B. Rahman–For the Petitioner. Mostafa Kamal, Advocate-General with Quazi Shafiuddin Ahmed and A. H. Md. Saadat Ali Khan—For the Respondents. Writ Petition No. 495 of 1974. In the matter of an ap......e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ...... Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another……………………………&..

Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3

Bang­ladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)

....awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......f K.P. Mahmud. Subsequently, in 1965 it was turned into a partnership with 4 partners namely K.P. Mahmud having 10 annas share, Mohammad Kamal 2 annas share, Mohammad Ismail 2 annas share, and H Amir Ali 2 annas share. In 1970, however, the partnership was reconstituted by taking K.P. Akbar Ali and ......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......e Division (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bang­ladesh and others……………..Appellants Vs. M/s. Speedbird Navigati..

Category: Others | Date: 27 Jan, 1977 | Hits: 217

Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)

....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......he present case with reference to the above test we find no ground to include ‘mutawalli' within section 21 of the Penal Code. 7. In the case of Mohammad Arif Vs. Mo­hammad Kawshar Ali (2) their Lordships considered whether the Nikah Registrar licensed under Ordinance 8 of 1961 is......our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ...... Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ..

Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

....ault, the decree will be executable after serving proper notice on the Government. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 355.   ...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 355.   ......ault, the decree will be executable after serving proper notice on the Government. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 355.   ......DLR (HCD) (1978) 355.   ..

Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3

Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)

....R (SFC) 385 ; Federation of Pakistan Vs. Tamizuddin Lhan, (1955) 7 DLR (FC) 291;Golam Zamin Vs. A.B. Khandker, (1964) 16 DLR 486; Mir Ahmed Nawaz Khzn Vs. Superintendent, (1966) 18 DLR (SC) 338; Md. Yusuf Vs. Chief Settle, & Reh. Comr (1968) 20 DLR (SC) 187; Wijeshiya Vs. Amit (1965) 3. AER......D to 36-D, 42-D & 45-D of 1968.) Md. Jamlruddin Sircar, Advocate, S.C. instructed by S.S. Hoda, Advocate-on-Record-For the Respondent No.1 (In Civil Appeal No. 32-D of 1968). Md. Behter Ali, Advocate-on-Record-For the Res­pondent No. 2 (In Civil Appeal No. 20-D of 1968) S.S. H...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ...... as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ..

Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....Court Division (Criminal Appellate Jurisdiction) Present: Ruhul Islam J A. T. M. Masud J Amirul Islam Chowdhury J Abdul Wadud Chowdhury J A. M. Choudhury J Md. Nazimuddin...................................Appellant Vs. The State........................ by necessary implication. The Full Bench held that the question was settled by the above- mentioned decision of the Privy Council. 37. A Special Bench of the Calcutta High Court in Shaikh Sadai Ali Vs. Shaikh Dahmuddin, A.I.R. 1928 Calcutta 640 considered the effect of the amended Clause 15 of......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......ing Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC); Quilter, (1882) 9 QBD 672 (CA); Smith, (1901) AC 297, 305; West, (1911) 2CH. 1; I.T.Commissioner, (1916) 2 KBD 249; Delhi Cloth and General Milk, 54 JA 421; DaiVanayaka Reddiyar, ILR 50 Mad. 857; Ram Singha, ILR 50 All. 965; Uni..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Gurudas Saha Vs. Deputy Custodian, En­emy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)

....ationa­lity, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ...... May 7, 1976. Result: Appeals are dismissed. Cases Referred to- Gour Chandra Saha Vs. Vice Chairman East Pakistan Enemy Pro­perty, 21 D.LR. 535; M.M. Mansur Ali Vs. Arobinda Shekhar Chatterjee, 21 D.L.R.  (S.C.) 20; Berkshire Country Council Vs. Readi......ationa­lity, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ............Appel­lant (In Civil Appeal No. 61-D of 1970). Monoranjan Saha.............Appellant (In Civil Appeal No. 62-D of 1970). Vs. Deputy Custodian, En­emy Property (Lands & Buildings) & others............Respondents (In both the appeals Judgment ..

Category: Property Law | Date: 7 May, 1976 | Hits: 55

Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)

....p;……………Respondents Judgment September 3, 1975. Result: The Rule is discharged. Tofazzal Hossain Sardar and others Vs. The State; Abu Tayab Md. Mashood and Tipu Vs. the State, respectively at page 36 and 93 in 27 D.L.R.; Baliah Vs. Rangacha......561       ......nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561       ......ellip;………………………Respondents Judgment September 3, 1975. Result: The Rule is discharged. Tofazzal Hossain Sardar and others Vs. The State; Abu Tayab Md. Mashood and Tipu Vs. the State, respectively at page 36 and ..

Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2

Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)

....sp; Judgment July 24, 1975 Result: The Application is rejected. An application for leave should not be entertained when the appeal is time barred. Case Referred To- Md. Sharif Khan Vs. Akhtar Hossain Khan, 5 D.L.R. at page 549 Lawyers Involved: Moinul Huq......Case is also Reported in: 27 DLR (HCD) (1975) 655.   ......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed.   This Case is also Reported in: 27 DLR (HCD) (1975) 655.   ......ury J. - This is an application for leave to appeal under clause 15 of the Letters Patent. It appears that the Second appeal out of which the present application arose was disposed of by me on 2.4.75 and the present application has been filed on 10.7.75. The earlier application filed on 8.7.75 was r..

Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2

Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)

....hi Singh, ILR 46 All. 319; PLD 1959 (West Pakistan) Quetta 1, Muhammad Hashim Khan Vs. Major Fazal Elahi Khan; 10 DLR 521, Sreenibash Mukhupaddya and ors. Vs. Elahi Haider and ors.; 1969 D.LC 590 Nur Md. Babar Ali & ors. Vs. Shah Md. Ali and ors; Civil Order No. 14 of 1966, Lutfar Rahman Vs. Mon......ssible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683   ...... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683   ......llip;…………………...Opposite party Judgment July 1, 1975 Result: The Rule is discharged. Cases Referred to- Abdur Rahman Miji and ors. Vs. Abdul Wadud Mea and ors, 1952 PLR 2 Dac. 87; AIR 1959 Pat. 121 (Full Bench), Doma Chowd..

Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1