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Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)

.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......ed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants   Vs. The Secretary, Ministry of Works, Government of Bangladesh and others ....Respondents ...... that he is long dead. The appellants' mother Syeda Begum divorced their father and remarried one Nazrul Islam Jahangir who is at the moment Superintendent of Customs. In 1976 respondent No. 4 Md. Abdus Salam Tarafder, was inducted as a tenant in the ground floor of the premises in dispute. On 2..

Category: Property Law | Date: | Hits: 62

Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)

....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......desh and other .......................Respondents Judgment August 18th, 1994. Cases Referred to- Federation of Pakistan vs. Lt. Col. Z.A. Mazari 1958 PLD 472. Virendra Kumar vs. Union of India AIR 1981 (SC) 947; Prithi Pal Singh vs. Union of India AIR 1982(SC) 1413...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps .............Appellant Vs. Government of Bangladesh and other .......................Respondents Judgment ......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..

Category: Constitutional Law | Date: | Hits: 203

Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)

....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ...... CJ Mostafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Haji Kasimuddin Mandal being dead his heirs Afroza Bewa and others…... Plaintiff-Appellant Vs. Md. Jalaluddin Pramanik…………………Defendant-Respondent Judgment May 22, 1996....... continued in possession on payment of rent after recognizing him as the landlord he cannot turn round and deny the title of the said landlord. Reference may be made in this connection to the case of Abdus Sattar vs. Mahiuddin 38 DLR (AD) 97. His Lordship Shahabuddin Ahmed, J, as he then was, expoun..

Category: Tenancy Law | Date: | Hits: 87

Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)

....ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ...... Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J   Abdus Satter (Md)............................ Appellant. Vs. Bangladesh and others………………. Respondents. ...... ..

Category: Business or Commercial Law | Date: | Hits: 136

Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)

....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Fazle Karim and others…………………………………... Petitioners Vs. Government of Bangladesh and others……………………..Other Parties Judgment ......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178...

Category: Property Law | Date: | Hits: 80

Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)

....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Mazid Howlader and another……………..Pre-emptee-Appellant Vs. Lahajuddin Howlader & others…………………......y limitation. It was categorically averred in the written objection that the vendor Balaram Sil possessed the “nal land through his own vendor Tozambar Ali and his Sons as and the purchasers Abdus Sattar and Bande Ali never cultivated the land as bargadar of Balaram. After the death of Bal..

Category: Property Law | Date: | Hits: 60

Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)

....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......ppellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Tafazal Ahmed Contractor.……………………………..Appellant Vs. Abdur Rahim and others……………………………. Respondents Judgment Februar......ase the suit land and so the alleged right of redemption was extinguished. The suit suffered from defect of parties for non-joinder of one Abdul Hakim who purchased the land of plaint-Schedule 2 from Abdus Sattar, auction-purchaser of plaint-Schedule 2 land. Defendant No.1 purchased the auctioned la..

Category: Property Law | Date: | Hits: 63

Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)

....s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......iluddin Sarker J Shamsul Islam & others …………………………………………..Petitioners Vs. Badiar Zaman alias Bablu and another………………&hell......assed by the Assistant Judge, Shailakupa rejecting an application for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950. 2. The predecessor of the petitioners late Abdus Samad Biswas filed an application for pre-emption of the land of the Kabala dated February 1,..

Category: Property Law | Date: | Hits: 56

Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)

....ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......endered by the Public Service Commission is not obligatory upon the Government, the High Court Division acted illegally in giving the impugned direction. In this connection he relied upon Jatinder Kumar and others vs. State of Punjab and others (1985) 1 SCC 122 for the proposition that the advic......………………………………………………………..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil ......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..

Category: Constitutional Law | Date: | Hits: 174

Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)

....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Ismailuddin Sarker J Yusuf A Hassan.......................................... Appellant Vs. KM Rezaul Firdous………………………......ip;………………………………… Respondent Judgment December 14th, 1995 Cases Referred to- Abdus Salam Master vs. State, 35 DLR 140; Abdus Salam Master vs. State, 36 DLR (AD) 58; Abdur Razza..

Category: Criminal Law | Date: | Hits: 60

Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)

....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......m J Abdul Gani……………………...Appellant (in Appeal No. 290 of 1967) Taru Mian...............................Appellant Vs. State..................................Respondent (in Appeal No. 362 of 1967) ......man with regard to the occurrence which took place on 24.2.64. On 29.2.64, a trap party was organised by the anti-corruption officer consisting of the said Mujibar Rahman, some constables including Abdus Sabhan and MA Rashid, an Inspector attached to DAB, Dacca. Two ten rupee GC Notes bearing UC ..

Category: Criminal Law | Date: | Hits: 68

State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)

.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......d by cultivating others land on barga. He left behind his landed property and a sum of Rs. 1500.00 After the death of Iman. Parashullah Fakir purchased land from PW 10 Golam Mostafa, PW 4 Sushanta Kumar Sarkar and others with the money left by Iman. Parashullah Fakir gave money to Afsar to purch......d. ......vs. Rahim Dino and others PLD 1960 Kar 769: Abdul Latif Crown 4 DLR (FC) 431: Qutba vs. The Crown 6 DLR (FC) 126: Mst. Sairan vs. The State 22 DLR (SC) 35: Hakim Gul vs. The State PLD 1964 Pesh. 1: Abdus Shukur vs. The State 16 DLR Dacca 147: Wazir and others vs. The State PLD 1960 Kar 74. ..

Category: Criminal Law | Date: | Hits: 62

Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)

....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......................Respondents Judgment April 10th, 1970.   Cases Referred to- Ahmedur Rahman and others vs. Abul Majid and ors. 14 DLR 471; Amjedali Khan vs. Raj Kumar Das and others 6 DLR 215; Syed Moin Ahmed vs. Khondkar Mohiuddin, 19 DLR 912; Arabjan Bibi vs...... Supreme Court High Court Division Civil Appellate jurisdiction Present: Nurul Islam J Rakman Ali alias Md. Rakman Ali and others ...............Appellants Vs. Hasib Ali Chowdhury and others..............................Respondents Judgment ......he Official Assignee Federation of Malaya 5 DLR (PC) 214; Radha Ballav Basak vs. Krishna Sundari Basak 5 DLR 114; Purnendu Kumar Das vs. Hiran Kumar Das 21 DLR 918. Lawyers Involved: Abdus Salam Khan, AR Khan—For the Appellants. Nasiruddin   Chowdhury—F..

Category: Property Law | Date: | Hits: 59

Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)

.... meet with disappointment.  The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......her......Respondents Judgment June 18th, 1970. Cases Referred to: Nuruddin Mia and another vs. Mvi. Abdul Muzaher 2 DLR 344; Ahmed Shah Khan vs. Abdul Barket 11 DLR 427; Kumar Krishna Prashad Lai Singha Rao vs. Sarahoni Coal Concern Ltd. and others AIR (1937)(PC)251 co......nfirmed. Ed. ...... meet with disappointment.  The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..

Category: Property Law | Date: | Hits: 71

Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)

....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ...... Vithaldas vs. Commissioner of Income Tax. 64 IA 87; Sur Sundar Singh Majithia vs. The Commissioner of Income-Tax, CP and UP 1942 (10) ITR 457. Lawyers Involved: BN Chowdhury, Pradip Kumar Guha — For the Applicant. Mohammad Habibur Rahman — For the Respondent. ......; Barman  and others...........Applicants                          Vs. Commissioner of Taxation, East Pak. Dacca (now Director of Taxation, E. Pak. Dacca) .........ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)

....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ...... Syed Modaris Ali ............Appellant                          Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May ......ulad Ali and a daughter Manira Banu was given in marriage to Syed Wahed Ali, father of Syed Idris Ali. Manira Banu predeceased her father Dagu Miah. Subsequently Syed Ashraf Ali died leaving 2 sons Abdus Sukur and Abdul Latif and Aulad Ali died leaving a daughter Zahuran Nessa @ Gedan Bibi. The ..

Category: Property Law | Date: | Hits: 59

Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)

....the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......1966, passed by the learned Munsif, 2nd Court Jhenidah in Miscellaneous Case No. 159 of 1965. 2. This application has been preferred by the three petitioners (1) Bijan Bala Chowdurani, (ii) Kumaresh Chandra Biswas and (iii) Tarapada Kabiraj. The petitioner No. 1 filed the above mentioned ......d. ......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 47

Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)

....of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ............... Petitioner                           Vs. Sudhir Kumar Kundu and another……...Opposite Parties  Judgment November ......du .......................... Petitioner                           Vs. Sudhir Kumar Kundu and another……...Opposite Parties  Judgme......of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ..

Category: Criminal Law | Date: | Hits: 66

Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)

....I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ......e records of this case be sent down expeditiously. Ed. ......risdiction Present: Nurul Islam J Pronab Kumar Majumder ...................Petitioner                Vs. Hatem Mondal and others ............Opposite Parties Judgment November 5t......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ..

Category: Civil Law | Date: | Hits: 100

Aminul Islam Vs. State, 1972, 1 CLC (HCD)

....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ...... lying in the current account No. 1459 of the National Bank of Pakistan, Jessore. During the period between 16.8.64 and 21.8.64 the appellant paid a sum of Rs. 755/ out of aforesaid amount to M/s Md. Abdus Salam (2) Md Hasan AM (3) Md. Eman Ali Sk., (4) Md. Amin and (5) Md. Nurul Huda all of Jessore..

Category: Anti-Corruption Laws | Date: | Hits: 83