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Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......ving parted with the land under proposed settlement, he was not entitled to an order of injunction to maintain his alleged possession……………….(7 & 8) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by A. Baset Majumder, Advocate-on-Record-For the Appellant. Kaz...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Belayet Hossain.......................Plaintiff-Appellant Vs Nurul Alam Mir and ors....................Defendant-Respondents Judgment June 18, 1989. Temporary injunct..Category: Property Law | Date: | Hits: 29
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....e same parties out of same transaction are pending in two courts in different places suit filed later may be stayed till disposal of the earlier one…………..(3) Lawyers Involved: Abu Nasr Md. Gaziul Hoque, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......Mills Limited, for recovery of Tk. 5.25 lacs on 24 November 1984. The respondent filed Money Suit No. 7 of 1984 in the Court of Subordinate Judge, Jessore, against the petitioner for Tk. 19.62 lacs and odds on 5 December 1984. The petitioner alleged that respondent's suit was filed just to avoid t..Category: Procedural Law | Date: | Hits: 110
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....Shah Vs. The King Emperor AIR 1945 (PC) 118; Mamand and others Vs. The Emperor AIR 1946 (PC) 45; Mst. Hamida Bano Vs. Ashiq Hossain 15 DLR (SC) 65; AIR 1946 PC 45; AIR 1945 PC 118; AIR 1935 (SC) 216; Md. Abdur Rahim Mondal Vs. The State 29 DLR (SC) 246 (249); AIR 1946 PC 45; Samiruddin Ahmed Vs. Sta......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ...... Tara Mia Master, gave the following prosecution case; that at about 6.30 A.M. on 7th Chaitra 1388 B.S. corresponding to 21st March, 1982 when she was going to the latrine she saw accused Mir Ali Khandakar (appellant No. 5), the uncle of her husband, damaging her husband's kaun crop by ploughing......se is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......ucted by A. Rab-II, Advocate-on-Record - For the Appellant. B.B. Roy Chowdhury, Assistant Attorney-General, instructed by B. Hossain, Advocate-on-Record - For the Respondent No.1. Asaduzzaman Khan, Advocate, with Abdul Hamid, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the ...... Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
....ismissed.
Cases Referred To-
Charan Das Vs. Amir Khan, AIR 1921 PC 50; Keramat Ali Vs. Muhammad Younus Haji, PLD 1963 (SC) 191=15 DLR (SC) 120; Golam Hafez Meah Vs. Khadem Ali Meah 29 DLR 311; Md. Zahoor Ali Khan's case 11 MIA 468.
Lawyers Involved:
T.H. Khan, Senior Advocate, with Fo......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......ants
Vs.
Obaidur Rahman Chowdhury & others………….Respondents
Judgment
February 8, 1978.
Result:
The appeal is dismissed.
Cases Referred To-
Charan Das Vs. Amir Khan, AIR 1921 PC 50; Keramat Ali Vs. Muhammad Younus Haji, PLD 1963 (SC) 191=15 DLR (SC) 120; Golam......ate, with Maksudur Rahman, Advocate, instructed by S.M. Huq, Advocate-on-Record - For respondent No.1.
Respondents No.2-4 - Not Represented.
Civil Appeal No. 54 of 1977
(From the Judgment and Order dated 24-6-74 passed by the High Court Division in Civil Order No.470 of 1974).
Judgme..
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....n (Civil) Present: Syed ABM Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossajn J Debesh Chandra Bhattarcharya J Government of Bangladesh………….Appellant Vs. Md. Ismail Hossain………….Respondent Judgment April 20, 1977. Cases Referred To- ......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......SC 63; Parshotam Lal Dhingra v. Union of India, PLD 1958 SC (India) 217; Hartwell Precott Singh v. The Utter Pradesh Government & others, AIR 1957 SC 886. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assistant Attorney-General, instructed by B.......Case is also Reported in: 31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......d: S.R. Pal, Senior Advocate, with M. Maiqfizullah and Nurul Islam, Advocates instructed by A. Rab-II, Advocate-on-Record - For the Appellants. K.A. Bakr Attorney-General, with Sultan Hossain Khan, Deputy Attorney-General and A. Wadud Bhuiyan, Assistant Attorney-General, instructed by M.R. K......d in: 31 DLR (AD) (1979) 112. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....34, while the appellant and the said Khan Brothers were the recorded co-sharer tenants in the holding, the co-sharer Khan Brothers sold their share by a registered kabala dated 3.12.66 to a stranger, Md. Khalilur Rahman, Respondent No.4, for consideration of Taka 6,000.00. The appellant was served w...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......ed To- Joychand Lal Babu Vs. Kamalakasba Chowdhury & others, 53 CWN (PC) 552; N.S. Venkatagiri Ayyangar & another Vs. The Hindu Religions Endowments Board, Madras, 53 CWN (PC) 458; Ramjan Khan @ Ramjan Ali Khan Vs. Obaidul Huq Chowdhury & others, 28 DLR (AD) 57. Lawyers Involved:......23...Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
....es Referred to- Muhammad Meherali Mondal Vs. Muhammad Karim Ali Sarkar (1965) 17 DLR 365; Abdur Rahman Vs. Baser Ali (1969) 21 DLR 99. Lawyers Involved: M.A. Rouf, Advocate, instructed by Md. Giasuddin Bhuiyan, Advocate-on-Record - For the Appellant. Not Represented – the Responden...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......t Appellate Division (Civil) Present: Kemaluddin Hossain CJ KM Sobhan J Badrul Haider Chowdhury J Abdur Rahman @ Abdul Rahman..............Appellant Vs. Maklis Ali and another..............Respondents Judgment December 6, 1978. Result: The appeal is..Category: Property Law | Date: | Hits: 34
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......Referred To- National Engineering Industries Ltd. Vs. Hamman, AIR 1968 (SC) 33. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with A.Y. Salehuzzaman, Advocate, instruct by M. R. Khan, Advocate-on-Record - For the petitioner. Aminul Huq, Advocate-on-Record - For the Responde......Case is also Reported in: 31 DLR (AD) (1979) 119. ..Category: Labour and Industrial Law | Date: | Hits: 77
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......conviction and sentence. Criminal Appeal No.8 of 1977 was preferred by the complainant Aijuddin Matbar and Criminal Appeal No.9 of 1976 was preferred by the State. 2. Briefly stated, Abdur Rashid Khandker, a blind man being accompanied by his son Riton, P.W.7 was returning home from Habiganj ‘......ers Involved: Shafiqur Rahman, Advocate, instructed by A. Backkar, Advocate-on-Record - For the Appellant (In Criminal Appeal No.8 of 1977). Abul Kashem, Advocate - For the Respondents No.1-3 and 5-7. B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Huda, Advocate-on-R..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....im Vs. Harendra Chandra Dhupi (1962) 14 DLR 847; Salimuddin Mondal Vs. Mahitosh Biswas (1962) 14 DLR 796; Brojendra Chandra Saha Vs. Debendra Chandra Saha (1965) 17 DLR 618; Mosammat Asimon Nessa Vs. Md. Akbar Ali Sheikh (1967) 19 DLR 639; Ruhul Amin Mestory Vs. Fazar Banu (1969) 21 DLR 647; Serajud......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......rred as in that case he is pre-empting the whole of the claim he is entitled to. 15. On perusal of the decision in the case of Makhanlal Nag Vs. Reajuddin Sepai (1961) 13 DLR 323 cited by Mr. Khandker it appears that the question of application of the Rule of partial pre-emption barring the ...... This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......5 Privy Council 18; 44 Calcutta 535; Lala Jalram Das Vs. Emperor, AIR 1945 Privy Council 94; M.S. Khawaja Vs. State, 17 DLR (SC) 153; Fazle Karim Vs. The State, PLD 1957 (WP) Lahore 857; Ghulam Qadir Khan Vs. The State, PLD 1963 Lahore 32; AIR 1938 Mad, 129; Raja Hoq Newaz Vs. Mohd. Afzal (1967) 19 ......rch 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and others Vs. The State, (1976) 28 DLR (AD) 38; State of West Bengal Vs. S.N. Basak, AIR 1963 SC 44..Category: Criminal Law | Date: | Hits: 95
....
Vs.
Secretary, Ministry of Cabinet Affairs, Establishment Division, Government of Bangladesh & others……………Respondents
Judgment
March 9, 1978.
Lawyers Involved:
Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday, Advocate-on-Record -......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......s
Judgment
March 9, 1978.
Lawyers Involved:
Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Petitioner.
Sultan Hossain Khan, Deputy Attorney-General, with A.W. Bhuiyan, Assistant Attorney-General instructed by M.R. Khan......ion, Government of Bangladesh & others……………Respondents
Judgment
March 9, 1978.
Lawyers Involved:
Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Petitioner.
Sultan Hossain Khan, Deputy Attorney-General, wi..
Category: Employment/Service Law | Date: | Hits: 72
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ...... Islam J Controller of the Customs and ors…………..Appellants Vs. Shamsur Rahman……………Respondent Judgment February 22, 1978. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General, instructed by A.W. Mullick, Advocate-on-Record - For the Appellant. ......e is also Reported in: 31 DLR (AD) (1979) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....ict Magistrate, Burdwan, 1964 (SC) 334; Motilal Jain Vs. The State of Bihar, AIR 1968 (SC) 1309; Shushanta Goshwami, AIR 1969 (SC) 1604; Mahbub Anam Vs. The Govt. of East Pakistan PLD 1959 Dacca 774; Md. Humayun Kabir Vs. The State, (1976) 28 DLR 259; Arbab Md. Hashem Khan on behalf of Arbab Abdul G...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......, (1968) 20 DLR (SC) 249; Government of West Pakistan Vs. Begum Agha Abdul Karim Shorish Kashmiri, (1969) 21 DLR (SC) 1; PLD 1969 (SC) 14; Government of East Pakistan Vs. Rowshan Bijoya Shaukai Ali Khan, (1966) 18 DLR (SC) 214; Tofazzal Hossain Vs. Province of East Pakistan, (1965) 17 DLR, 498; Ma......is appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... Police Station via Hamid Road, two gun-shots were fired from eastern side of the road from a building known as Gulbag Hotel, injuring Nurul Islam, orderly of the Deputy Commissioner, and a constable Md. Solaiman Ali, both of whom were in the jeep. The injury of the orderly was grievous. The victims...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......State................................Respondent Judgment December 7, 1977. Cases Referred to- Adalat Vs. The Crown, 41 956; 8 DLR (FC) 69, PLD 1956 (FC) 171. Lawyers Involved: Khandaker Mahbubuddin Ahmad, Advocate instructed by A. Rab-11, Advocate-on-Record - For the Appellan......is Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......ner of Income Tax, Chittagong...........Appellant Vs. Mst. Safiya Bai..............Respondent Judgment March 31, 1978. Case Referred To- Mohori Bibi's case ILR 30 Calcutta 539 and 7 CWN (PC) 44. Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan, Advocate instructed by..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......an, Assistant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For the Respondent. Civil Appeal No. 139 of 1977. On appeal from the judgment and order dated July 26, 1970 passed by the High Court in Civil Rule No.729(f) of 1970. Judgment..Category: Procedural Law | Date: | Hits: 101
....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......resent:
Kemaluddin Hossain CJ
Fazle Munim J
Ruhul Islam J
E Rahman, Chairman, Inspecting Assistant Commissioner of Income Tax, Chittagong & others.........Appellants
Vs.
Khan Saheb Ata Mohammad Khan...........Respondent
Judgment
February 14, 1978.
Lawyers In......lved:
AKM Mozammel Huq Bhuiya, Advocate, instructed by S.S. Hoda, Advocate-on-record - For the Appellants.
Ex parte - the Respondent.
Civil Appeal No. 54-D of 1967
From the Judgment and Order dated 24-3-65, passed by the Dacca High Court in Writ Petition No.404 of 1964.
Judgmen..
Category: Fiscal/Taxation Law | Date: | Hits: 78
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