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Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....cted by Sharifuddin Chaklader, Advocate-on-Record- For the Respondent. Civil Appeal No. 112 of 1983. (From the judgment and decree dated 23rd January, 1983 passed by the High Court Division Dhaka 10 First Appeal No. 94 of 1979.) Judgment Badrul Haider Chowdhury J.- This appeal by s...........Respondents Judgment January 4, 1984. The Partnership Act, 1932 (IX of 1932), Section 39 Concurrent findings of fact that the partnership does not subsist is grounded on evidence and therefore contention of the plaintiff that the partnership is still continuing is devoid of any ...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Liu Ying Ping......................................Appellant Vs. Leon Fang Ai.....................................Respondents Judgment January 4, 19...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....lader, Advocate-on-Record— For the Respondent. Civil Appeal No. 103 of 1983. From the judgment and order dated the 9th December, 1982 passed by the High Court Division, Dhaka Bench in Apportion No. 1 of 1981. Judgment ......ax. Bonus shares are "deemed to be income accruing to the Company during that year." If the bonus share is the income of the company, how an assesee could claim them as his income, and, if it is not an income of the assesee, then section 15C has no manner of application.&nbs......dhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Commissioner of the Income Tax...........................................Appellant Vs. Abdul Aziz.............................................................……......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....appeal arises from First Appeal No. 32 of 1974 passed by the High Court Division on 11 August, 1982. Appellants instituted Title Suit No. 36 of 1975 in the 4th Court of Subordinate Judge, Dhaka and was renumbered as Title Suit No. 1 of 1978 after being transferred to 5th Court of the Su...... Judgment January 10, 1984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees.......; Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Kader & ors……………….................................... Appellants Vs. A. K. Noor Mohammad & ors……...........................….......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..Category: Property Law | Date: | Hits: 36
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....arte decree dated 28 September 1974 was set aside under Order IX Rule 13 of the Civil Procedure Code. This ex parte decree was passed in Title Suit No 8 of 1974 of the 1st Court of Subordinate Judge. Dhaka, filed by the plaintiff-respondent against the defendants-appellants for specific performance ......A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Santosh Kumar Chakraborty & others....................... Appellant Vs. M.A. Motaleb Hossain and others..............................Respondent Judgment April 25, 1984. Result: Tt...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Santosh Kumar Chakraborty & others....................... Appellant Vs. M.A. Motaleb Hossain and others..............................Respondent Judgment Apr......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59...Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....Khan Vs. Md. Jahan Khan, 1968 SC M.R. 1313; Jugadish Vs. Kausillah Devi, AIR 1947 All 317 10; Emperor Vs. Lilaram and others, Crl. L.J. page 228; Purnendu Kumar Das Vs. Hiran Kumar Das, 21 D.L.R. (Dhaka) 918; Ouseph Poulo Vs Catholic Union Bank, 1965 (SC) page 166; AIR 1923 All 474; AIR 1950 All...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Mohammad Mohsen Ali J Md. Joynal and ors................................Appellants Vs. Md. Rustam Ali Mia & ors......drul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Mohammad Mohsen Ali J Md. Joynal and ors................................Appellants Vs. Md. Rustam Ali Mia & ors........................Respondent Judgment ...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
.... Single Judge of the High Court Division in revision—Criminal Revision No. 175 of 1980. 2. These six respondents, alongwith 12 others, were convicted by the Assistant Sessions Judge, Dhaka, in Sessions Case No. 76 of 1970, under section 436, read with section 34, and section 147 of......FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Bangladesh..............................Appellant Vs. Abed Ali and ors.......................Respondent Judgment April 11, 1984. The Evide...... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Bangladesh..............................Appellant Vs. Abed Ali and ors.......................Respondent Judgment April 11, ......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ..Category: Criminal Law | Date: | Hits: 66
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....tructed by Kaiseruddin Ahmed, Advocate-on-Record—For the respondents. Civil Appeal No. 7 of 1983. (From the Judgment and Order dated 6.1.83 passed by the High Court Division, Dhaka in First Misc. Appeal No. 105 of 1983.) Judgment &nbs...... Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Sunil Krishna Banik & ors................................Appellants Vs. Kailash Chandra Saha & ors.............................Respondent Judgment November 17, ......l Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Sunil Krishna Banik & ors................................Appellants Vs. Kailash Chandra Saha & ors.............................Respondent Judgmen......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ..Category: Property Law | Date: | Hits: 34
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
.... judgment and order passed by the High Court Division in Civil Revision No. 692 of 1982. Facts are as follows: 2. The appellant Abdullah Welfare Trust got a decree against the Dhaka Nowab Court of Wards Estate on compromise in Title Suit No. 130 of 1957. The appellant starte.......A. Gani, Advocate & ors …..............................Respondents Judgment January 11, 1984. The Code Civil Procedure, 1908 (V of 1908), Or. 40, r. 1 (a), (c) and (d) and r. 4. Receiver is an officer of the Court to whom is given possession of custody......ul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Moulvi Abdulla Welfare Trust.............................Appellant Vs. K.A. Gani, Advocate & ors …..............................Respondents ......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
.... Abul Quasem, Advocate-on-Record-For Respondents No. 2.5. Civil Appeal No. 9 of 1984. (From the judgment and order dated 24 January, 1984 passed by the High Court Division, Dhaka Bench, in Civil Revision No. 369 of 1983.) Judgment &n......J Golam Ather Chowdhury……...........................Appellant Vs. The Administrator of Waqfs and others............Respondents Judgment April 2, 1984. The Waqf Ordinanc......M Masud J S Mohammed Mohsen Ali J Golam Ather Chowdhury……...........................Appellant Vs. The Administrator of Waqfs and others............Respondents Judgment ......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ..Category: Trust/Waqf Law | Date: | Hits: 196
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......man & ors......................................Respondent Judgment November 23, 1983. The Bengal Tenancy Act, (Amendment)1928, Section 3(7) Cultivation of land of another person on condition of delivering a share of the produce to that person is not a ten......dhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Sadullah Pramanik & ors........................................Appellants Vs. Md. Khalilur Rahman & ors......................................Respondent ......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ..Category: Property Law | Date: | Hits: 27
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....ter fell between the concurrent jurisdiction of the Labour Court, Rajshahi and the Labour Court, Chittagong and the law says that exclusive jurisdiction in such case lay with Labour Court II, Dhaka. In this view of the matter all the proceedings are quashed……..(5) ...... a Court with jurisdiction which is not given by law……………….(4) The matter fell between the concurrent jurisdiction of the Labour Court, Rajshahi and the Labour Court, Chittagong and the law says that exclusive jurisdiction in such case lay wit......J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Mahmudul Haque @ Muhammadul Haque.................………..Appellant Vs. Md. Shamsul Alam…………….....................................nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ..Category: Labour and Industrial Law | Date: | Hits: 115
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....Md. Sajjadul Huq, Advocate-on-Record—For Respondent Nos. 2 and 4. Civil appeal No. 67 of 1983. (From the Judgment and order dated 11-1-1983 passed by the High Court Division, Dhaka in Civil order No. 13 of 1983.) Judgment &nbs......ited Shipping Corporation Limited……….............Appellant Vs. W. H. Bennett and ors..............................…..Respondents Judgment August 10, 198......n Ali J Messers United Shipping Corporation Limited……….............Appellant Vs. W. H. Bennett and ors..............................…..Respondents Judgm......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......rom income tax. The Impugned assessment being prior to the amendment, the exemption is not available to the respondent. The Decision of the High Court Division granting such exemption is set aside and that of the Tribunal refusing any exemption is restored…………..(13 an...... Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Commissioner of Taxes..........................................Appellant (In all the cases) Vs. Ghaus-i-Pak-i-Azam Welfare Trust........................Respondent (In all the cases) ......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
....ed the injunction for taking cognizance in a matter of violation of injunction. 2. A suit for specific performance of contract was filed in the Court of Subordinate Judge, 1st Court, Dhaka. Plaintiff also filed an application for injunction and on 3.12.74 the order of injunction wa...... December 4, 1983. The Civil Procedure Code, 1908 (V of 1908), Section 150 Consequence of Transfer of Business of Court The transferred Court shall have the same power and “shall perform the same duty as those respectively conferred and imposed by order under t......der Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Huque...........................................Appellant Vs. Mrs. Zainab Begum & others .........................Respondent Judgment ...... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ..Category: Others | Date: | Hits: 93
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
.... Represented—For the Respondent. Criminal Petition for Special Leave to Appeal No. 139 of 1983. (From the Judgment and order dated 22.8.1973 passed by the High Court Division, Dhaka Beach in Criminal Appeal No. 519 of 1973.) Judgment &...... Judgment October 19, 1983. Criminal Trial PM Examination Report In discharging his professional duties, a doctor must strictly observe the rules of medical ethics and jurisprudence as well as have regard to the laws of the country which do not spare the kind of ......y J Shahabuddin Ahmed J Chowdury ATM Masud J Syed Md. Mohsen Ali J Dr. Md. Azizul Haque Khan..................................Petitioner Vs. The State.......................................................Respondent Jud......ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ..Category: Criminal Law | Date: | Hits: 58
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
.... Fazle Munim CJ.- The appeal arises from First Miscellaneous Appeal No. 170 of 1982 passed by the High Court Division, Dhaka which affirmed the judgment and order of Subordinate Judge, 3rd Court, Dhaka in Miscellaneous..............Appellants Vs. Sonali Bank & ors.........................................................Respondents Judgment August 3, 1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972......;dhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. Gannysons Ltd. & another......................................Appellants Vs. Sonali Bank & ors.........................................................Respond......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....he High Court Division in Civil Revision No. 336 of 1978 passed on March 20, 1983. 2. Plaintiff who is the appellant instituted Title Suit No. 101 of 1973 in the 4th Court of Subordinate Judge, Dhaka for specific performance of contract. His case is that he entered into an agreement on October......ant Vs. Bangladesh, represented by the Secretary, Ministry of Public Works & Urban Development …….......................Respondent Judgment May 4, 1983. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Ri......MA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Asaduzzaman………………...................................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Public Works & Urban Development...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..Category: Property Law | Date: | Hits: 38
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
....een ordered to be ejected on the ground of the landlords' bonafide requirement of the premises for the purpose of re-building and re- construction of the building according to an approved plan of the Dhaka Improvement Trust. He is now challenging the High Court Division's order, in Civil Revision ......Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Monzoor Alam......................................... Appellant Vs. Noor Mohammed and ors ................................Respondents Judgment August 24, 1983. The finding...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Monzoor Alam......................................... Appellant Vs. Noor Mohammed and ors ................................Respondents Judgment August 24...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ..Category: Tenancy Law | Date: | Hits: 111
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... B. Hossain, Advocate-on-Record-For Respondent Nos. 3-6. Criminal Appeal No. 59 of 1983. (From the Judgment and order passed on 26.10.83 by the High Court Division Dhaka Bench, in Criminal Miscellaneous Case No. 31 of 1983 ). Judgment &............Respondent Judgment December 7, 1983. The appellant is claiming custody of his daughter who is in judicial custody at the same time the respondent claiming himself husband of the detenu seeks her custody. The matter is pending before the Chief Metropolitan Magistrat......Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Dabiruddin Ahmed @ Lablu.......................................Appellant Vs. Dr. Chittaranjan Deb Nath & others.......................Respondent Judgm...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....r the Respondent No. 1. Ex-parte—Respondent Nos. 2-8. Civil Appeal No. 139 of 1982. (From the Judgment and Order dated May 5,1982 passed by the High Court Division, Dhaka in C.R. No. 1878 of 1981). Judgment Fazle Muni......wdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricultural Development Corporation................................Appellant Vs. Md. Mannaf Hossain Khan and ors................................................. Respondents Judgment May ...... Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricultural Development Corporation................................Appellant Vs. Md. Mannaf Hossain Khan and ors................................................. Resp......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Employment/Service Law | Date: | Hits: 63
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