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Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)

....dar, 15 DLR 634; Umar Din Vs. Fazal Din, PLR 5 Lah. 196; Visheswar Vs. Durgappa, AIR 1940 Bom. 339; Vithoba Kadhar Vs. Madhar jemedar, (1918) ILR 42 Bom. 344. Lawyers involved: Akram Hossain Amin, Advocate—For the Petitioners. Not represented—the Respondents. ......nally. We find no substance in the only conten­tion raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ...... Present: A. M. Sayem CJ A. B. Mahmud Husain J M.A. Jabir J Ahsanuddin Choudhury J Saokat Ali and others…………...Petitioners. Vs. Shamsun Bibi and others……….....Respondents Judgment J......nally. We find no substance in the only conten­tion raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ..

Category: Property Law | Date: | Hits: 47

Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)

....llip;……………………....Respondent Judgment February 28, 1973. Lawyers involved: Abdul Hamid, Advocate, instructed by B. Hossain, Advocate-on-Record.—For the Peti­tioner. Not represented—the Respon......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......Appellate Division (Criminal) Present: Syed A. B. Mahmud Husain J M. A. Jabir J Jamdhar Khan……………….....Appellant. Vs. The State………………………....Res......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ..

Category: Criminal Law | Date: | Hits: 44

Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)

....h Vs. State of Madhya Pradesh, 1952 SCR (India) 526; Emperor Vs. Lalit Mohan, (1911) ILR 38 Cal. 559; In re Periyaswami Moopan, 1981 1LR 54 Mad. 75; Joygun Bibi Vs. State, 12 DLR (SC) 156; Maqbool Hossain Vs. State, (1962) 12 DLR (SC) 217; Pakala Narayan Swami Vs. King Emperor, LR 1939 IA LXVI 6......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ...... ......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..

Category: Criminal Law | Date: | Hits: 60

Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)

....y of the circumstances indicated in the preceding para­graph can be shown to have rendered the pro­ceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......nal Appeal No. 1 of 1974). Dr. Abdul Malek………………..Respondent (In Criminal Appeal No. 2 of 1974). Subhas Chan­dra Ghose…… Respondent (In Criminal Appeal No. 3 of 1974). Alam Shaikh & another……. Respondent (In Criminal Appeal No. 4 of 1974). Md. Tara Miah ……â...... (Criminal) Present: AM Sayem CJ AB Mahmud Hussain J Muhammad Abdullah Jabir J Ahsanuddin J Solicitor, Government of Bangladesh…………...Appellant (In all the appeals) Vs. Syed Sanwar Ali……………... Respondents (In Criminal Appeal No. 1 of 1974). Dr. Abdu......y of the circumstances indicated in the preceding para­graph can be shown to have rendered the pro­ceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..

Category: Criminal Law | Date: | Hits: 104

Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)

....of the High Court Divi­sion is set aside and those of the Courts below are restored. Ed. ...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Divi­sion is set aside and those of the Courts below are restored. Ed. ......ofa Mia & others……………………………………………………Appellants Vs. Abdul Latif Bhuiyan, being dead, his heirs: Asia Khatun and ors………&...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Divi­sion is set aside and those of the Courts below are restored. Ed. ..

Category: Property Law | Date: | Hits: 45

Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)

....de and that of the company Judge restored. However, there will be no order as to costs. Ed. ......view of the above, the appeal is allo­wed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......aluddin Hossain CJ   Fazle Munim J Badrul Haider Chowdhury J  Shahabuddin Ahmed J Bangladesh Bank .................................Appellant Vs. Debendra Nath Dutta ……………………...........view of the above, the appeal is allo­wed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 101

Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)

....entions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ...... 12 years from the date of abandonment for eviction of the transferees and as such the suit is not barred by limitation. In support of the contention he has relied upon the decisions in the cases, Shaikh Chand vs. Ramani 17 C. W. N. 1105: Dayamayee vs. Ananda Mohan Ray, 18 C.W.N. 971; Prassonna ...... Ruhul Is­lam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sunil Kumar Biswas …………………….Appellant Vs. Mohammad Idris and others…………Respondents Judgment ......right of Kol-karsha. In the result, we do not find any subs­tance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ..

Category: Property Law | Date: | Hits: 45

Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)

....h him, instructed by Abu Backkar, Advocate-on-Record.—For the Appellants. Khondaker Mahbubuddin Ahmed, Senior Advo­cate, (Mahbubey Alam, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent No. 1. Ex-parte—Respondent No. ......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......on (Civil) Present: Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Sanjib Kumar Bose and another.....................Appellant Vs. Syed Shamsuddin Ahmed and another…………….Respondents ......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 54

Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)

....f the High Court Division are set aside and those of the Trial Court are restored. Ed. ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......  Fazle Munim J  And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. Ahmuda Khatun and others...................Respondents Judgment July 10, ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..

Category: Property Law | Date: | Hits: 47

Bangladesh Freedom Fighters Welfare Tr­ust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)

....rt Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 112

A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)

....sposal of the matter in accordance with law. There will be no order as to costs. Ed. ......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......ip;…………………………………………………………..Appellant. Vs. Registrar of Joint Stock Companies, Dacca………………......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 107

Baitul Aman Coope­rative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)

....ent March 10, 1981. Lawyers Involved: Hamidul Huq Chowdhury, Siddique Ahmed Chowdhury, Senior Advocates, with A.N.M. Skahidullah, Advocate, with him instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. Rafiqur Rahman, Senior Advocate instru......ler the appeal is allowed. The appli­cation filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......unim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Baitul Aman Co-ope­rative Housing Society Ltd. and another.....................Appellant Vs. Muhammad Shamsur Rahman and others………………&helli......ler the appeal is allowed. The appli­cation filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 60

Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)

...., we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......e dealing with the application under section 96 of the Act for pre­emption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......sain CJ Ruhul Islam J K.M. Subhan J Badrul Haider Chowdhury J Mohd. Jabed Ali and others.................................... Appellants. (For all the appeals) Vs. Rakhal Chandra Mondal and others..........................Respondents (In C.A. Nos. 143 ......e dealing with the application under section 96 of the Act for pre­emption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 49

Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)

....me Court Appellate Division (Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Mafizuddin Patwari being dead his heirs Md. Tofaazzal Hossain Patwari and others ………………….Appellants ......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ...... J Badrul Haider Chowdhury J Md. Mafizuddin Patwari being dead his heirs Md. Tofaazzal Hossain Patwari and others ………………….Appellants Vs. Abdul Hakim Miazi being dead his heirs Mobaarak Hossain Miazi and others……&h......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ..

Category: Property Law | Date: | Hits: 48

Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)

....bsp; Division is set aside, and the applica­tion for temporary injunction rejected. Ed. ...... the result, therefore, this appeal is allowed with costs. The order of the High Court   Division is set aside, and the applica­tion for temporary injunction rejected. Ed. ......in Ahmed J Uttara Bank …………………………………………………Appellant Vs. Macneill and Kilburn Ltd. and others……………….Res...... the result, therefore, this appeal is allowed with costs. The order of the High Court   Division is set aside, and the applica­tion for temporary injunction rejected. Ed. ..

Category: Banking Law | Date: | Hits: 130

Hasan Imam Chowdhury Vs. Govt. of Bangla­desh and others, 1981, 10 CLC (AD)

....gs. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......ion is pregnant with any new issue which requires adjudica­tion in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......ddin Hossain CJ Fazle Munim J Rahul Islam J Badrul Haider Chbwdhury J Shaha-buddin Ahmed J Hasan Imam Chowdhury........................... Appellant Vs. Govt. of Bangla­desh and others................. Respondents Judgment ......ion is pregnant with any new issue which requires adjudica­tion in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 101

Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)

.... Ahmed Sobhan, Senior Advocate instructed by Aminul Huq, Advocate-on-Record.—For the Appellant. M.H. Khondker, Senior Advocate A.K.M. Shafiqur Rahman with him instructed by Md. Aftab Hossain, Advocate-an-Record,—For the Respondent. Civil Appeal No. 48 of 1979. ......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of   the decision of the majority the appeal is allowed with costs. Ed. ......Shahabuddin Ah­med J Md. Matlabur Rahman & ors……………………………………… Appellant Vs. Madan Meah Chowdhury ..........................................Respondent Judgment......ision 152 of 1973. 2. Facts briefly are as follows: Other Suit No. 138 of 1966 was instituted by the plaintiff Shamsul Arefin Hazrat Moulana Mohammad Moksusar Rahman as the Sajjadanashin of Mirzakhil Darbarsharif against the defendants for permanent injunction res­training them from o..

Category: Civil Law | Date: | Hits: 91

Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)

....appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ...... Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Amanullah Bhuiyan and others…………….Appellants Vs. Abdul Hafiz and ors…..........................Respondents Judgment ......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..

Category: Procedural Law | Date: | Hits: 106

Commissioner of Taxes & another Vs. M/s. Mullick Bro­thers, 1981, 10 CLC (AD)

....ion is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......rom want of legal authority. In the result, therefore, this review appli­cation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ...... (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Commissioner of Taxes & another……………………..Petitioner Vs. M/s. Mullick Bro­thers…………………………………………..Respondent Judg......rom want of legal authority. In the result, therefore, this review appli­cation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..

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

Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)

....r of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......ellip;………………………………………………………….Appellant Vs. Durjan Ali alias Siddique Hossain and others……………&hel......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..

Category: Property Law | Date: | Hits: 43