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Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)

....llant (In C.A. No. 169 of 1979). S.R, Pal, Senior A. S. C. (Mohammadullah, A.S.C.) with A. Rab II, Advocate-on-Record-For the Respondents No. 1 & 2. Mozammel Huq Khan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent 3. M. Nurullah, Advocate, instructed by ......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......dvocate-on-Record—For the Appellant (In C.A. No. 169 of 1979). S.R, Pal, Senior A. S. C. (Mohammadullah, A.S.C.) with A. Rab II, Advocate-on-Record-For the Respondents No. 1 & 2. Mozammel Huq Khan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent 3. M. Nu......stribution Co. Ltd. & ors...........Respondent And A.K.M. Ayub Ali..............................................................Appellant (In C.A. 65 of 1980). vs. Eastern Refinery Ltd. and others.....................................................Respondent Judgment June 12, 19..

Category: Employment/Service Law | Date: | Hits: 104

Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)

....& ors .............................................Respondent Judgment May 31, 1979. Lawyers involved: Hamidul Huq Chowdhury, with Asrarul Hussain, Senior Advocates, Md. Khalilur Rahman, Advocate, instructed by M. R. Khan, Advocate-on-Record.—For the Appellan...... any lawful authority. Ed. ..........Respondent Judgment May 31, 1979. Lawyers involved: Hamidul Huq Chowdhury, with Asrarul Hussain, Senior Advocates, Md. Khalilur Rahman, Advocate, instructed by M. R. Khan, Advocate-on-Record.—For the Appellant. K.A, Bakr, Attorney-General, with A.W. Bh......Pal, Senior Advocate, with S. C. Das, Advocate, Instructed by A. Rab-II, Advocate-on- Record.—For the Respondent Nos. 3 & 4. Civil Appeal No 36 of 1979 (From the Judgment and order dated 23.2.79 passed by the High Court Division in Writ Petition No. 1003 of 1978.) ..

Category: Others | Date: | Hits: 110

Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)

....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ...... Reported in: 33 DLR (AD) (1981) 154. ......eported in: 33 DLR (AD) (1981) 154. ..

Category: Constitutional Law | Date: | Hits: 292

Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)

....reme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J KM Subhan J Bangladesh and others.................Appellants Vs. Md. Abdur Rab…………………………….Respondent Judgment January 31, 1979. Res...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......th the respondent who belongs to the disciplined force as defined in the Constitution………….(15,16) Lawyers Involved: B. B. Roy Chowdhury, Assistant Attorney General, instructed by M. R. Khan, Advocate-on- Record—For the Appellants. S. K. Pal, Senior Advocate, instructed by Md. Af......is also Reported in: 33 DLR (AD) (19781) 143. ..

Category: Employment/Service Law | Date: | Hits: 102

S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)

....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......General, instructed by B. Hossain, Advocate-on-Record--For the Respondent. (In both the Appeals). Syed Ishtiaq Ahmed, Senior Advocate—Amicus curiae. Criminal Appeal Nos. 22 and 23 of 1997. (From the Judgment and order dated 13-8-79 passed by the High Court Divisio..

Category: Criminal Law | Date: | Hits: 62

Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)

....ull Bench of the Bombay High Court in V.M. Assam Mohammad vs. ME Rahim Sahib (1920) 43 Mad. 579 corresponding to 55 TC 977 (FB). Seshagiri Aiyyar, J. dissenting and agreeing with the reasonings in Md. Fazil Ali vs. Karim Khan. Allahabad High Court also followed the majority view in Suraj Prosad v......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ...... Case Referred to- Gedi Mal Dharam Das vs. Huna Mal Shedu Ram, AIR 1931 Lah. 332, V. M. Assan Mohammad Sahib vs. M.E. Rahim Sahib, ILR 43 Madras 597, 55 TC 977 (FB) Mohd. Fazil Ali vs. Karim Khan (1894) 108 PR 1894, Rughu Nath Das vs. Pana Lal, 1910 54 PR 1910, Mukandi Lal vs. Pars Ram, (19...... The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the application for setting aside the ex-parte decree and the Court passes necessary orders on the application directing the applicant either to deposit t..

Category: Procedural Law | Date: | Hits: 147

Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)

....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......w, we, however, make no order as to costs. Ed. ..

Category: Others | Date: | Hits: 128

Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)

.... Shahabuddin Ahmed J Abdus Samad & ors…………………………………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment March......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......howing all the pre-emptors by Exhibit 1 (e).” 10 The learned Single Judge allowed the petitioners to urge the additional ground. It was contended that one Mozaffar Ali Khan who happened to be the co-purchaser with one Ledu Khan in the kabla Exhibit 1(b) by which the ......hmed J Abdus Samad & ors…………………………………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment March 18, 1980. ..

Category: Property Law | Date: | Hits: 73

Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)

....….Appellant Vs. Bangladesh and others ……………………………..Respondents Judgment July 21, 1980. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate instructed by Md. Shafiqur Rahman, Advocate-on- Record—For the Appellant. Abdus Sobhan, Additional Attorney G......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ...... J Khadomul Islam Chowdhury…………………….Appellant Vs. Bangladesh and others ……………………………..Respondents Judgment July 21, 1980. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate instructed by Md. Shafiqur Rahman, Advocate-on- Record—For th......sion (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Khadomul Islam Chowdhury…………………….Appellant Vs. Bangladesh and others ……………………………..Respondents Judgment July 21, 1980. Lawyers ..

Category: Constitutional Law | Date: | Hits: 160

Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)

....fendant No. 1 who failed to do so. Some day later the plaintiffs got notices from the District Registrar, Dacca directing them to come and admit registration of kabala in favour of defendant No. 2, Md. Hammad. Some of the plaintiffs appeared and denied their execution of the kabala. Defendant No......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......yers Involved: Hamidul Huq Chowdhury, Senior Advocate instructed by Miah Abdul Gafur, Advocate on Record—For the Appellants. K. A. Bakr, Senior Advocate, instructed by M.R. Khan, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos. 2......t Appellate Division (Civil) Present: FKMA Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Ful Chand Das and others......................Appellants Vs. Mohammad Hammad and others&..

Category: Property Law | Date: | Hits: 75

Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)

....; Abdus Salam, Senior Advocate, instructed by B.C. Panday, Advocate-on-Record— For the Appellants. Shafiqur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record— For the Respondents. Civil Appeal No. 76 of 1......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......preme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J K. M. Subhan J Badrul Haider Chowdhury J Abdul Alim and others……………………………&h..

Category: Property Law | Date: | Hits: 54

Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)

....uddin Ahmed J Govt. of Bangladesh, represented by the Chairman, National Board of Revenue ……………………. Appellants Vs. Md. Arshad Ali…………………………&helli......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......e Appellants. Rafiq-ul-Huq, Senior Advocate instructed by Serajuddin Ahmed, Advocate-on-Record,—For the Respondent. Civil Appeal No. 118 of 1981. From the judgment and order dated April 30, 1981 passed by the High Court Division in Writ Petition No. 760 of 1980...

Category: Criminal Law | Date: | Hits: 171

Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)

....; Dy. Commissioner, Kainrip Vs. Durganath AIR 1961 S.C. 394; Municipal Corp. City of Abmadabad Vs. New S.S. & Wag Ld. AIR 1970 (SC) 1292; Farzand Ali V West Pakistan (1970) 22 DLR (SC) 208; Sai Md. vs. W st Pakistan PLR (1958)(SC) 181; Millner V. Raita Commonwealth Law Report Vol 66(1942-43): ...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ....... ......�………... Appellant Vs. Burhanuddin Ahmed………………………….. Respondent (In Civil Appeal No. 124 of 1981) Judgment March 10, 1982. Result: Civil Appeal Nos. 73 and 124 of 1981 are dismissed. Cases Referred To- Dr. Nurul Islam Vs. Govt. of Bangladesh (1..

Category: Constitutional Law | Date: | Hits: 188

Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)

....m Murtaza (1970) 22 DLR S.C. 258. Lawyers Involved: Shaukat Ali Khan, Advocate, instructed by A. Basel Majumder, Advocate on Record—For the Appellants. Md. Moksudur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record—F......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......m Singh V. Emperor, AIR 1939 P.C. 43; S. Kuppuswami Rao V. King AIR 1949; F.C.I. Golzar Hasan Shah V. Gholam Murtaza (1970) 22 DLR S.C. 258. Lawyers Involved: Shaukat Ali Khan, Advocate, instructed by A. Basel Majumder, Advocate on Record—For the Appellants. ......resent: Kemaluddin Hossain CJ F. K. M. A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Abdul Halim Mollah alias Monohar Mollah and another……………………Appellant &nbs..

Category: Criminal Law | Date: | Hits: 40

Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)

....ury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Power and Water Resources ……………… Appellants Vs. Md. Misfor Ali and others………………………&he......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......ellip;………………Respondents Judgment March 18, 1982. Lawyers Involved: Matiur Rahman, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record, —For the Appellants. Moinul Hossain, Advocate, Jainul Abedi......emaluddin Hossain CJ F. K, M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Power and Water Resources ……………… Appellants Vs. M..

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

Commissioner of Income Tax A- Range, Chittagong Vs. Harendra Kumar Sil and others, 1982, 11 CLC (AD)

.... clear finding of his so doing. Case Referred to- Commissioner of Income-tax v. M/s Ata Hossain Khan Ltd. 28 DLR (AD) 141. Lawyers Involved: Habibul Islam Bhuiyan, Advocate instructed by Md. Sajjadul Huq, Advocate-on Record—For the Appellant (In Civil Appeal No. 34 of 1981). A M ......dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48. ......is own estimate of gross profit. However in that circumstance the assessing officer must record a clear finding of his so doing. Case Referred to- Commissioner of Income-tax v. M/s Ata Hossain Khan Ltd. 28 DLR (AD) 141. Lawyers Involved: Habibul Islam Bhuiyan, Advocate instructed by Md.......ns 13, 66(1) In case of assessee does not maintain accounts in accordance with method of accounting regularly, the assessing officer has been given the power to reject the accounts of the assessee and take recourse to the proviso to section 13. In such a case, the assessing officer is competent t..

Category: Fiscal/Taxation Law | Date: | Hits: 100

Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)

....Public Works and Rural Development and another ………………………………………...Appellants. Vs. Md. Matiur Rahman …………………………&h......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......n Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Public Works and Rural Development and another ……………………&h..

Category: Employment/Service Law | Date: | Hits: 87

Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)

.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Rajan Miah, being dead his heirs Shamsun Nahar Khanam and others...............Appellants Vs Abdur Rashid and another…&he......: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Rajan Miah, being dead his heirs Shamsun Nahar Khanam and others...............Appellants Vs Abdur Rashid and another……&h..

Category: Property Law | Date: | Hits: 47

East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others Vs. Md. Abdul Hye Bhuiyan, 1981, 10 CLC (AD)

....r Chowdhury J Shahabuddin Ahmed J East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others…………....... ......................... Appellants Vs. Md. Abdul Hye Bhuiyan………………………………………………….. Respondents ......persona! hearing has, in any way, prejudiced the respondent. For the reasons stated above, the appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: ......persona! hearing has, in any way, prejudiced the respondent. For the reasons stated above, the appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: ......(Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others…………....... ......................... Appellants Vs. Md. Abdul Hye B..

Category: Employment/Service Law | Date: | Hits: 109

Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)

.... simultaneously Special Martial Law Court No. VIII was constituted to those cases. The Court was constituted with Col. M. Mashaned Chowdhury as Chairman and Lt. Col. Saberul Islam Chowdhury and Mr. Md. Alam Haque, Magistrate, 1st Class, as members thereof." 4. On such averments is wag conte......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......ueen Vs. Huggins 1895, I QBD 563; State Vs. Zia-Ur-Rahman PLD 1973 (SC) 49; Federation of Pakistan Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Bangladesh (1982) 34 DLR(AD) 125; A Rouf Vs. Abdul Hamid Khan (1965 17 DLR (SC) 515. Lawyers Involved: MH Khandker and Khandker Mahbub uddin Ahmed, S......LD 1973 (SC) 49; Federation of Pakistan Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Bangladesh (1982) 34 DLR(AD) 125; A Rouf Vs. Abdul Hamid Khan (1965 17 DLR (SC) 515. Lawyers Involved: MH Khandker and Khandker Mahbub uddin Ahmed, Senior Advocates with Nizamuddin Haider, Advocate, instructe..

Category: Criminal Law | Date: | Hits: 287

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