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Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)

.... M.H. Khandker Senior Advocate (A.J. Mohammad Ali, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appel­lants. Sk. Afzalur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For respondent Nos. 1 (a) to 1(h) & 2-5. Civil Appeal No......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......der as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ...... ..

Category: Property Law | Date: | Hits: 36

Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)

....ions of fact were disputed. The judgement and order of the High Court Division is set-aside and the writ is recalled……….(5) Lawyers Involved: Nurullah, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocates-on-Record—For the Appellant. Ishtiaq Ahmed, Senior Advocate (Mahmudul......his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......it is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......9) 87 ..

Category: Election Law | Date: | Hits: 110

A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

.... Vs. Shahid Mia & Others..............Respondents (In Civil Appeal No. 29 of 1988) Halimuddin…………………………………….Appellant (In Civil Appeal No. 2 of 1989) Vs. Md. Shamsuddin & others..................Respondents (In Civil Appeal No. 2 of 1989) Md. Sham......rting with these cases, we would like to put on record our appreciation for the valuable as­sistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......earned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......ppellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M H Rahman J ATM Afzal J A.F.M. Shah Alam...........Appellant (In Civil Appeal No. 40 of 1988) Vs. Mujibul Huq & Others………Respondents (In Civil Appeal No. 40 of 1988) Mozammel Hos..

Category: Election Law | Date: | Hits: 165

Executive Engineer, Pub­lic Health, Barisal Divi­sion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)

....Pa­kistan vs. M/S.A.V. Isaacs 22 DLR (SC) 371. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on- Record. — For the Appellant. Mvi. Md. Wahidullah, Advocate-on-Record. — For Respondent No. 1. Not represented—Respondent Nos. 2......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64...... the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Executive Engineer, Pub­lic Health, Barisal Divi­sion, Barisal………………….Appellant Vs. Mohammad Ali & ors.............. Respondents Judgment February 15, 1989.   The ..

Category: Employment/Service Law | Date: | Hits: 103

Gopal Chandra Shah Vs. The Deputy Commission­er, Sunamganj & another, 1989, 18 CLC (AD)

....……….(14) Lawyers Involved: S.R. Paul, Senior Advocate, instructed by Kazi Ebadul Huq Advocate-on-Record— For the Ap­pellant. B. Hossain, Assistant Attorney-General, instruct­ed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondents. Civil Appeal No. 59 of 1986 Judg...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......r as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ....... ..

Category: Others | Date: | Hits: 125

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....te (Fida M. Kamal, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record. — For the Appellant. T. H. Khan, Senior Advocate (M.A. Wahab Miah, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 9 M. Nurullah, Attorney General (H......the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ...... directed to vacate his office at once. Fresh election may be held by the Election Commission. In view of the important question of law involved in this appeal we make no order as to costs. M.H. Rahman J.— I have read the judgments of brother Shahabuddin Ahmed and broth­er A.T.M. Afzal. I ag......ourt Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Sheikh Abdus Sabur................................Appellant Vs. Returning Officer, District Education Officer-in-charge, Gopalganj & others.....Responden..

Category: Election Law | Date: | Hits: 212

Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)

....……(10&11) Cases Referred to- Amar Chandra Saha vs. Ajit Kumar Das, 33 DLR (AD) 37. Lawyers Involved: T. H. Khan, Senior Advocate, Lutfur Rahman Mondal, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant Khandker Mahbubuddin Ahmed, Senior Advo......re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27...... any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......rt Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Shambhu Nath Saha...............................Appellant Vs. Alfazuddin Ahmed & ors..........................Respondents Judgment May 4, 1988. Th..

Category: Others | Date: | Hits: 96

Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)

....(Civil) Present: Badrul Haider Chowdhu­ry J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Bangladesh Sericulture Board & another……………………….Appellants Vs. Md. Fazlur Rahman Akunjee & another……………………………Respondents Judgment ......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......ny order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......ion (Civil) Present: Badrul Haider Chowdhu­ry J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Bangladesh Sericulture Board & another……………………….Appellants Vs. Md. Fazlur Rahman Akunjee & another……………………………Respondents Judgme..

Category: Employment/Service Law | Date: | Hits: 89

Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)

....Case is also Reported in: 41 DLR (AD) (1989) 3. ...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first ap­pellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......e Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Naimuddin Sarder alias Naimuddin Sarder..................Appellant Vs. Md. Abdul Kalam Biswas alias Md. Abul Kalam Nasiruddin alias Abul Kalam Azad & another.....

Category: Property Law | Date: | Hits: 46

Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)

....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......ourt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Lal Miah alias Lalu........................Appellant Vs. The State...................................Respondent Judgment September 2, 1987 Th..

Category: Criminal Law | Date: | Hits: 53

Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Ope­rative Union Ltd., 1985, 14 CLC (AD)

....late Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chow­dhury J  Shahabuddin Ahmed J  Chowdhury ATM Masud J Syed Md. Mohsen Ali J Maqbul Hossain & ors........................................................t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......orded then for the purpose of appeal it shall be deemed to be a court of Session under the Criminal Procedure………….(12)  Lawyers involved: Khalilur Rahman, Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellant. ......Ahmed J  Chowdhury ATM Masud J Syed Md. Mohsen Ali J Maqbul Hossain & ors...................................................................... Appellants Vs. Bangladesh Milk Producers’ Co-Ope­rative Union Ltd. ...............Respondent..

Category: Labour and Industrial Law | Date: | Hits: 98

Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)

....sion (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J  Shahabuddin Ahmed J     Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Motahar Hossain Khan…................................................ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......31 DLR (AD) 234. Lawyers Involved: M. Nurullah, Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record-For the appellant. Asrarul Hussain Senior Advocate, Khalilur Rahman, Advocate, instructed by S. M. Hug Advocate-on-Record—for respondent Nos. 1 to 7. ......bsp;   Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Motahar Hossain Khan…...........................................…..........Appellant Vs. Bangladesh Jute Mills Corporation............................................Responden..

Category: Employment/Service Law | Date: | Hits: 92

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

....4) 269. ......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. ......s total income and nor it was invested by him, the question of rebate or exemption from tax hardly arises.………….(9)  Lawyers Involved: A.M. Mahmudur Rahman, Advocate instruc­ted by Md. Sajjadul Huq, Advocate-on-Record- For the Appellant. ......dhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Commissioner of the Income Tax...........................................Appellant Vs. Abdul Aziz.............................................................……..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)

....d in: 36 DLR (AD) (1984) 253. ......upon taking such fresh evidence as may be neces­sary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......he particular case, it would be plainly inequitable to refuse such a relief, the court will not hesitate to act." 14. These views were reiterated by this Court in Mrs. Nurun Nahar Vs. Mohd. Fazlur Rahman, 1979 BSCR 135. In addition, while referring to the provisions of Order 6, Rule 17 of the Cod......esent: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Radha Krishna Jogani (Agarwalla)…….............Appellant Vs. Dwarka Das Agarawalla & others.......................Respondent Judgment Decembe..

Category: Property Law | Date: | Hits: 99

Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)

....o Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......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.......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..

Category: Procedural Law | Date: | Hits: 93

Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)

....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. ......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. ......llip;…(9 & 10)  Lawyers Involved: M. Moazzem Hossain, Deputy Attorney-General, instructed by M. R. Khan, Advocate-on- Record—For the Appellants. Rafiqur Rahman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record—For the Respondents. ...... 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, ..

Category: Criminal Law | Date: | Hits: 66

Moulvi Abdulla Wel­fare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)

....rth (1906) 1 Ch. D. 55; Ali Ismail Vs Momin Bibi, AIR 1954 Cal. 386. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record—For the appellant. S. R. Paul, Senior Advocate i......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. ......sion will be furnished by the appel­lants; (3) The Account of the Trust during the entire tenure of the receiver will be audited by a firm of Chartered Accoun­tants, namely M/s Rahman Huq & Co., 82 Motijheel C.A., Dhaka-2. (4) The Receiver is to submit the a......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 ..

Category: Property Law | Date: | Hits: 39

Messers United Shipping Corpora­tion Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)

....ellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J   Shahabuddin Ahmed J  Chowdhury ATM Masud J Syed Md. Mohen Ali J Messers United Shipping Corpora­tion Limited………........;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. ......ackinnon Mackenzie and Company Pvt. Ltd. vs. Anil Kumar Sen, AIR 1975 Cal 150; Laxmidas Dayabhai Kabrawala vs. Nanabhai Chunilal Kabrawala, AIR 1964 SC 11. Lawyers Involved: M. B. Rahman, Advocate-on-Record—For the appellant. Amirul Islam, Advocate, instructed by M......n Ali J Messers United Shipping Corpora­tion Limited……….............Appellant              Vs. W. H. Bennett and ors..............................…..Respondents Judgm..

Category: Civil Law | Date: | Hits: 95

Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)

.... also Reported in: 36 DLR (AD) (1984) 163. ......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. ......ssioner of Income-tax Vs. Krishna Warriar, (1962) 44 ITR 828; Commissioner of Income-tax, Chittagong Vs. Mr. Saifuddin Ahmed, B.L.D. Vol. VIII 100. Lawyers Involved: A.M. Mahmudur Rahman, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. ...... 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) ..

Category: Fiscal/Taxation Law | Date: | Hits: 117

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

.... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J   Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Huque...........................................Appellant Vs...... 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. ...... 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 ..

Category: Others | Date: | Hits: 93