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Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)

....………….(9)  Lawyers Involved: A.M. Mahmudur Rahman, Advocate instruc­ted by Md. Sajjadul Huq, Advocate-on-Record- For the Appellant. S.M. Hossain, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Responden......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. ......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)

....ndent No. 1. Rafique-ul Huq, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record- For Respondent Nos. 3-5. A.W. Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate-on-Record —For Respondent Nos. 6-8. Civil Appeal No. 3 of 1983. ......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. ......; 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)

.... 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 April 25, 1984. Resul......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....... (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)

.... Lawyers Involved: Shaukat Ali Khan, Senior Advocate instruc­ted by A. Baset Majumder, Advocate-on-Record —For the Appellants. M. M. Haque, Advocate instructed by B. Hossain, Advocate-on-Record—For the Respon­dent Nos. 1 & 2. Respondents No. 3...... 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. ......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)

....espondents are found guilty under section 147 and the order of sentence is modified accordingly……………(9 & 10)  Lawyers Involved: M. Moazzem Hossain, Deputy Attorney-General, instructed by M. R. Khan, Advocate-on- Record—For the Appel......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. ...... 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

Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)

.... Maniklal Mansukhbhasi vs. Hormanji Jamshedji Ginwalla & Sons, A.I.R. 1950 (SC) page 1; Krishna Sardar Vs. Sindhu Bala Dasi A.I.R. 1970 Cal. 444. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Appellants. B. B. Roy Chowdhury, Senior Advocate ......appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Mehar Khatun and ors............................... Appellants Vs. Sarat Kumar Kanungoe………....................... Respondent ......appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ..

Category: Property Law | Date: | Hits: 24

Golam Ather Chow­dhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)

....t of the waqf estate no interference is called for……..(8)  Lawyers Involved: S.M Hussain, Senior Advocate, (K. Z. Alam, Advocate with him) instructed by Md. Aftab Hossain Advocate-on-Record—For the Appellant Khondkar Mahbubuddin Ahmed, Senior Advoc......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. ......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

Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)

.... Lawyers Involved: A. M. Rashiduzzaman, Advocate instructed by Mr. Kaiseruddin Ahmed, Advocate-on-Record—For the appellant. Zakir Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Criminal appeal No. 40 of 1983. ......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. ......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)

....vs. Nanabhai Chunilal Kabrawala, AIR 1964 SC 11. Lawyers Involved: M. B. Rahman, Advocate-on-Record—For the appellant. Amirul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent Nos. 1 and 2. M. Zahir, Senior Advoca......;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. ......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

Abdul Gafur Khan & others Vs. Government of Bangla­desh & others, 1984, 13 CLC (AD)

.... Sajjadul Huq, Advo­cate-on-Record (absent)— For the Appellants (In Civil Appeal No. 60 of 1983) A. W. Mallick, Advocate-on-Record—For the Respondents (In Civil Appeal No. 60 of 1983) B. Hossain, Advocate-on-Record—For the Appellants (In Civil Appeal No. 137 of 1983) M. Gholam Rab...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ......nim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Gafur Khan & others……………….....................Appellants Vs. Government of Bangla­desh & others............................Respondents Judgment ...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ..

Category: Property Law | Date: | Hits: 42

Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)

....awyers Involved: Fazlul Karim, Senior Advocate, instructed by M.S. Zoha Chowdhury, Advocate-on-Record—For the Appellant. Serajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Civil Appeal No. 99 of 1983. ...... 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. ......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)

....on and sentence is confirmed ……………..(5)  Lawyers Involved: Mainul Hosein, Advocate (Joynul Abedin, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the peti­tioner. Not Represented—For the R......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. ......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)

....ties in ques­tion……………..(13)  Lawyers Involved: T. H. Khan, Senior Advocate (M. A. Wahhab Mian, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the appellants. Asrarul Hossain, Senior Advocate inst......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. ......;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)

....ddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Syed Sakhawat Ali, Advocate-on Record—For the appellant, A.W. Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on-Record —For the respondent. Civil Appeal No. 143 of 1902. (From the J...... 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. ......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. Muzaffar Hossain Vs. King Fishers Indus­tries Ltd. and ors., 1984, 13 CLC (AD)

....reme Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Muzaffar Hossain.................................Appellant Vs. King Fishers Indus­tries Ltd. and ors......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......ent: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Muzaffar Hossain.................................Appellant Vs. King Fishers Indus­tries Ltd. and ors..............Respondents Judgment June 2, 198......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ..

Category: Anti-Corruption Laws | Date: | Hits: 113

Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)

....WN 533, Basant Ram Vs. Dasondhi Mal, AIR 1929 Lah 497. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Fazlul Huque & Aminul Huq, Advocates with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the appellants. M. H. Khondker Senior Advocate, (S.C.......ted above the judg­ment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 97. ......FKMA Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Faiz Ahmed Chowdhury & another.............................Appellants Vs. Baktear Ahmed Chowdhury & other.............................Respondents J......ted above the judg­ment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 97. ..

Category: Property Law | Date: | Hits: 45

Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)

....Appeal is dismissed……………..(4) Cases referred to- Jagadish Chandra Sarkar Vs. Abdul Aziz, 7 DLR 314; Abdullah Baluch Vs. Adam Ali, 13 DLR (SC) 13. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advocate on Record—For the Appellan...... 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. ...... 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

Md. Matiur Rah­man Vs. Asgar Ali & ors., 1984, 13 CLC (AD)

....sore Vs. Mahabala Seety and another, A.I.R. 1963 Mysore 77; AIR 1942 Sind 52; AIR 1951 Cal 308; AIR 1959 Kerala 10. Lawyers Involved: Abdul Hamid, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Sharifuddin Chaklader, Advocate-on-Re......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dis­missed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ...... FKMA Munim CJ Badrul Haider Chowdhury J   Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Matiur Rah­man.........................Appellant Vs. Asgar Ali & ors……….....................……Respon......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dis­missed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ..

Category: Criminal Law | Date: | Hits: 41

Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)

....1; Katragadda China Ramaya Vs. Chiruvolla Venkanraju and ano­ther, AIR 1954, Madras, 864 (Full Bench). Lawyers Involved: Habibur Rahman Khan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. B. N. Chowdhury, Advocate, instructe...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ...... FKMA Munim C J Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Darasatullah and others...............................Appellant Vs. Manik Mondal and others..............................Respondent Judgment ...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ..

Category: Property Law | Date: | Hits: 30

BD Inland Water Transport Cor­pn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)

....llant (In all the appeals.) M. S. Zoha Chowdhury, Advocate-on-Record —For the Respondents Nos. 1 & 2 (In all the appeals.) M. Hafizullah, Advocate instructed by Md. Aftab Hossain Advocate-on-Record—For Res­pondent No. 3. Ex-parte—For the Respond......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ...... Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Inland Water Transport Cor­poration…………….........................Appellant Vs. M/s. Seres Shipping Incorporated & ors........................................&he......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 204