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Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....erference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ......o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ......desh for India. Therefore, he cannot, by executing a power of attorney, entrust the petitioner to perform the function of the shebait on his behalf………..(11) Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. (In......2008) 24, 19 BLT (AD) (2011) 07. ..

Category: Civil Law | Date: | Hits: 111

Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)

....ind no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......pondent Judgment August 22, 2007. Cases Referred to- Idrish All and another vs State 38 DLR 270; Thakur Nirman Singh vs Thakur Lal Rudra Partab Narain Singh AIR 1926 PC 100; Malik Fateh Khan vs Nazibullah Khan 9 DLR WP 40; SM Lutfullah vs Bibi Badrunnessa 20 DLR 1019; Ajit Kumar Sarkar...... Appellate Division (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Sahera Khatun & others…………………..Appellants Vs. Abdur Rahim SK and another............Respondent Judgment August 22, 2007. Cases Referred to- Idrish ..

Category: Criminal Law | Date: | Hits: 48

Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)

....e, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......al, by leave, is against the judgment dated April 18, 2004 of a Division Bench of the High Court Division in Death Reference No. 35 of 2002 (heard with Criminal Appeal No. 2990 of 2002 filed by Wahed Khan alias Wahed and Abdus Salam Mollah, and the Jail Appeal Nos. 490 of 2002 and 493 of 2002 filed ......m vs State 27 DLR (AD) 29; Babor All Molla vs State 44 DLR (AD) 10; Ustar Ali vs State 1998 BLD (AD) 43 = 3 BLC (AD) 53; Joygun Bibi vs State 12 DLR (SC) 156; Maqbool Hossain vs State 12 DLR (SC) 217 and Kashmira Singh vs State of Madhya Pradesh 1952 SCR (India) 526. Lawyers Involved: ABM Nuru..

Category: Criminal Law | Date: | Hits: 63

Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)

....Ganesh Chandra, 34 DLR (AD) 220; Aftab Mia V. Wahab Ali, BCR 1982 AD 87; Jainullah and another Vs. Anu Miah and others, 9 DLR 258, Abdur Rahman V. Baser Ali, 21 DLR 599; Mr. Hossain, Mir Abdul Ali V. Md. Rafiqul Islam, 40 DLR (AD) 75. Lawyers Involved: Asrarul Hossain, Senior Advocate instruct...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... effect at least from 26.2.76 after its registration on 13.4.78. The miscellaneous case having been filed on 22.12.76 is obviously barred by limitation, Mr. Hossain submits. 8. Mr. Abdus Salam Khan, learned Counsel for the respondents, submits, on the other hand, that it is well-established b......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Motalib..................…………………...Pre-emptee-Appellant Vs. Iman Ali Mollah and others.....................Pre-emptor-Respondents Judgment March 14, 1990. Result: ..

Category: Procedural Law | Date: | Hits: 119

Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)

....customers and the plaintiff needed the tenanted premises for the benefit of the company…………..(8 & 11) Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. Golam Rabbani, Senior Advocate, instr......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......hed the image of the cinema hall by supplying bad food to its customers and the plaintiff needed the tenanted premises for the benefit of the company…………..(8 & 11) Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record�......rds & Phrases. The trial court decreed the suit on the ground of bona fide requirements however the appellate court upheld the decree not on bona fide requirements but on the ground of default and did not consider the question of bona fide requirement. So the findings in this regard cannot be..

Category: Property Law | Date: | Hits: 64

Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)

....Paper Ltd. AIR 1956 SC 33. Lawyers Involved: Shaukat Ali Khan, Advocate instructed by A. Baset Majumder, Advocate-on-Record— For the Appellant. A.M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondent. Civil Appeal No. 1 of 1981. Judgme......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......IT (West Bengal) (1951) XIX ITR, 406; Liquidators of Pursa Ltd. V. Commr. of Income Tax AIR 1954 SC 253; I. T. Comm. V. Express News Paper Ltd. AIR 1956 SC 33. Lawyers Involved: Shaukat Ali Khan, Advocate instructed by A. Baset Majumder, Advocate-on-Record— For the Appellant. A.M. Mah......in the year in which the sale, exchange, or acquisition, as the case may be, took place". Thus by a deeming clause the amount of compensation after computation of the difference between original cost and written down value "shall be deemed to be profit of the previous year." The tax shall be payable..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)

....eferred to- Ready Mixed Concrete (South East) Ltd. V. Minister of Pensions and National Insurance, 1968 (1) All. E. R. 433 (439-440); Wilkinson Vs. Banking Corporation (1948) 1 K.B. 721 (224); Md. Mafizuddin Vs. Abdul Hakim, 33 DLR (AD) 305. Lawyers Involved: Asrarul Hossain, Senior A......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......MH Rahman J ATM Afzal J Abdul Mannan Talukder……………………………………………………….............Appellant Vs. Bangladesh House Building Finance Corporation and another..............Respondents Judgment December 12, 1989. Result: The appeal is..

Category: Labour and Industrial Law | Date: | Hits: 111

Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)

....d: S.S. Haldar, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record, — For the Appellant. Khan Saifur Rahman, Advocate (M.A. Wahhab Miah, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondent No. 1. Respondents No. 2-6 — Not Rep...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......efeats justice but in some cases it defeats rights also. Lawyers Involved: S.S. Haldar, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record, — For the Appellant. Khan Saifur Rahman, Advocate (M.A. Wahhab Miah, Advocate with him) instructed by Md. Sajjadul Huq, A...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abdul Jabbar Dakua.......................……………….....Appellant Vs. Kanchan Ali Sikder and others.......………………....Respondents Judgment August 29, 1989. Result: Th..

Category: Election Law | Date: | Hits: 112

Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)

....e Act is inexorably attracted and it was barred. Cases Referred to— AIR 1973 S.C. 552; AIR 1975 Allahabad 202; AIR 1976 Punjab 279; AIR 1971 (SC) 306, AIR 1978 Mad. 201; AIR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Co......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ...... 1976 Punjab 279; AIR 1971 (SC) 306, AIR 1978 Mad. 201; AIR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Council 46; Abdul Gafur Khan Vs. Government of Bangladesh, 1984 BLD (AD) 283. Lawyers Involved: Abdul Wadud Bhuiyan,...... J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintiff-Respondents Judgment November 26, ..

Category: Property Law | Date: | Hits: 38

Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)

....igh Court Division. Case Referred to- Sultan Ahmed Vs. Azizullah &. others (1980) 4 Bangladesh Supreme Court Reports, page 366. Lawyers Involved: Bahauddin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. Md. Abut Quasem, Advocate-on-Record......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Ahsan Sarfun Nur @ Mukul others.……………………………………..Appellants Vs Nurul Islam Sarder and another......…………………………………Respondents Judgment March 8, 1989. ..

Category: Criminal Law | Date: | Hits: 40

Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)

....ad (election) Rules, 1983 in directing re-election…………………..(7) Lawyers Involved: M. Nurullah, Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant Md. Fazlul Karim, Senior Advocate, instructed by A. Basel Majumder, Advocate-on-Record—For Respo......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Moulana Abdul Matin..................................................Appellant Vs. Oli Ullah Khan and others ...........................................Respondents Result: The appeal is ......sent: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Moulana Abdul Matin..................................................Appellant Vs. Oli Ullah Khan and others ...........................................Respondents Result: The appeal is allow..

Category: Election Law | Date: | Hits: 111

Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)

.... AIR 1988 IIP 4. Lawyers Involved: Dr. Kamal Hossain, Senior Counsel, instructed by Miah Abdul Gafur, Advocate-on-Record— For the Petitioners. Habibur Rahman Sharif, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Not Represented. — For Respo......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......s also reported in: 42 DLR (AD) (1990) 80. ..

Category: Civil Law | Date: | Hits: 130

Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)

....Co. V. Betts [1928] A.C. 143; A.K.M. Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola and others, 38 DLR (AD) 172; Payne V. Bradley [1962] A.C. 343. Lawyers Involved: Shah Md. Sharif, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record— For the Appellant. (In......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......ayne V. Bradley [1962] A.C. 343. Lawyers Involved: Shah Md. Sharif, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record— For the Appellant. (In Civil Appeal No. 40 of 1989) T.H. Khan, Senior Advocate (M.A. Wahab Mia, Advocate with him) instructed by Md. Aftab Hossain, Advocate-...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mohammad Julfikar………………......................Appellant Vs. Abul Kalam Chowdhury and others.....................Respondents (In Civil Appeal No. 40 of 1989) Abdul Mannaf...........

Category: Election Law | Date: | Hits: 125

Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)

....ant Judge cannot restore the suit in exercise of inherent power under section 151 of the Code………………………(5 & 6). Lawyers Involved: T. H. Khan, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Appellant Abu Sayeed Ahmed, Advocate instructed ......the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......de of Civil Procedure learned Assistant Judge cannot restore the suit in exercise of inherent power under section 151 of the Code………………………(5 & 6). Lawyers Involved: T. H. Khan, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Appellant Ab......u Sayeed Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not Represented.—Respondent Nos. 2-4 Civil Appeal No. 11 of 1988. (From the judgment and order dated 3 March, 1987 passed by the High Court Division, Dhaka in Civil Revision No. 470 of ..

Category: Procedural Law | Date: | Hits: 88

Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)

....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......kistan, Dacca. Copy forwarded to:- (1) Mr. A.N.M. Sirajul Haq, Income Tax Officer, Central Salaries, Circle II, Dacca. He should positively make over charge on or before 30.6.59. (2) A.R. Khan, Esqr., Secretary, Establishment Division, Ministry of the Interior, Karachi. (3) Accountant......ury J Shahabuddin Ahmed J ATM Afzal J The Republic of Pakistan (Now Bangladesh)................................Appellant Vs A.N.M. Serajul Haque being dead his heirs: Jahibul Hoque and others..................Respondents Judgment March 2, 1989. Result: The appeal is al..

Category: Employment/Service Law | Date: | Hits: 80

Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)

....er Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Bangladesh, represented by the Deputy Commissioner, Pabna and others...........Appellants Vs. Abdus Sobhan Talukder (Md.) and another..............................Respondents Judgment. June 5, 1989. Result:......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......section 13 of the Evidence Act in that the law allows the period of absence of the defendant to be excluded from the period of limitation…………………..(11 & 23) Cases Referred to- Khan Sher Dil Khan Vs. Sir Abdul Wadud 7 DLR (FC) 170; Forbes & others Vs. Smith (1856) II Exche......rt Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Bangladesh, represented by the Deputy Commissioner, Pabna and others...........Appellants Vs. Abdus Sobhan Talukder (Md.) and another....................

Category: Procedural Law | Date: | Hits: 132

Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)

.... Khandakar Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent No. 1. M. A. Rouf, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record. — For the Respondent Nos. 2 and 3. Ex parte—Respondent......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......ion, if any, before the decree is made final…………….(13) Lawyers Involved: S.R.Pal, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record.—For the Appellants. Khandakar Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by Sajj......also reported in: 42 DLR (AD) (1990) 55. ..

Category: Property Law | Date: | Hits: 32

Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)

....is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......is case is also reported in: 42 DLR (AD) (1990) 49. ...... Appellate Division (Civil) Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abdul Hamid Khan.............................Appellant Vs Miah Nurul Islam and others............................Respondents Judgment March 13, 1989. Result: The..

Category: Election Law | Date: | Hits: 115

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

....S.C. 1775; Sheo Swarup and others vs. King Emperor AIR 1934 Privy Council 227; Safdar Ali V. Crown 5 DLR 107; Taleb v. State, 19 DLR (SC) 134; Abdur Rashid V. State, 14 DLR SC 263; Ghulam Mohammad v. Md. Sharif and the State, 21 DLR SC 206; Abdur Rashid Khondkar v. Chandu Master and others, 16 DLR (...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......ported in: 42 DLR (AD) (1990) 31 ..

Category: Criminal Law | Date: | Hits: 52

Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)

....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......DLR (AD) (1990) 22 ......AD) (1990) 22 ..

Category: Criminal Law | Date: | Hits: 44

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