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Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)

....Appellant. Miah Abdul Gafur, Advocate-on-Record-For the Respondent No. 1. S.S. Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record—For the Respondent No. 2. Md. Wahidullah, Advocate-on-Record-For the Respondent No. 3. Ex-parte-For the Respondent Nos. 4â......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ...... determined under the schedule. Ed. This Case is also Reported in: ......late Division (Civil) Present: Badrul Haider Chow­dhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sonali Bank, Local Office, Dhaka ………………….Appellant Vs. Gazi Abdur Rashid & others.……………………………………Respondents Jud..

Category: Procedural Law | Date: | Hits: 124

Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)

....c of Bangladesh, repre­sented by the Deputy Commissioner, Pabna…………………………………Appellant Vs. Md. Kobad Ali and others…. ……………………&h......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ...... accordance with law. No costs Ed. ......o;s Republic of Bangladesh, repre­sented by the Deputy Commissioner, Pabna…………………………………Appellant Vs. Md. Kobad Ali and others…. ………………&helli..

Category: Procedural Law | Date: | Hits: 102

Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)

....M. H. Rahman J A.T. M. Afzal J. Amin Scales Limited and another……………………..Appellants (In both the appeals) Vs. Md. Yakub……………………………&he......her proce­eding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......wever any order as to costs. Ed. ......ed J M. H. Rahman J A.T. M. Afzal J. Amin Scales Limited and another……………………..Appellants (In both the appeals) Vs. Md. Yakub………………………&hellip..

Category: Business or Commercial Law | Date: | Hits: 76

Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)

.... are sen­tenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ...... are sen­tenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......nsportation for life. Ed. ......y;dhury J Shahabuddin Ahmed J M. H Rahman J A .T. M. Afzal J Nausher Ali Sarder & others………………….Appellants Vs. The State………………………&hellip..

Category: Criminal Law | Date: | Hits: 62

Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Re­sident Propty, Ctg & ors., 1987, 16 CLC (AD)

....t. A. Y. Salehuzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record —For the Respondent No. 1. A. W. Bhuiyan, Additional Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on -Record—For the Amicus Curiae. Ex parte—For the R...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......p;         Fazle Munim CJ.- This appeal arises from First Appeal No. 28 of 1970 decided by a Bench of the High Court Division, Chittagong (Mohammad Habibur Rahman and Syed Mohammad Ali, JJ.) on 4th March 1984. Facts are: One Umesh Chandra Chow­d......todian, Vested and Non-Re­sident Property, Chittagong and others .............................Respondents Judgment September 24, 1986 Cases Referred to- Rahima Aktar Vs. Asim Kumar Bose 1985 BLD (AD) 155; Watson v. Winch, 1 K. B. (1916) 688; Surtees v. Ellison (18..

Category: Property Law | Date: | Hits: 70

The State Vs. Fazal and others, 1987, 16 CLC (AD)

....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......sion the appeal is dismissed. Ed. ...... Shahabuddin Ahmed J M. H. Rahman J  A.T.M. Afzal J The State……………………………....Appellant Vs. Fazal and others………………....Respondents J..

Category: Criminal Law | Date: | Hits: 46

Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)

....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......(PC) 229; United Provinces Vs. Atiqa Begum, AIR 1984 PC 16. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record-For the Appellant. Rafiqur Rahman, Senior Advocate (Fakir Ab­dul Mannan, Advocate with him) instructed by Serajur Rahman, Advo......sion (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chow­dhury J Shahabuddin Ahmed J M.H. Rah­man J A. T. M. Afzal J Bangladesh Biman Corporation..........Appellant Vs. Syed Aftab Ali and others……………….......Respondent Judgment May 14 1986. ..

Category: Employment/Service Law | Date: | Hits: 97

State Vs. Lalu Miah and another, 1986, 15 CLC (AD)

....e King AIR 1949 P.C. 257 (259); H.S. Rathod vs. State of Gujrat AIR 1979 S.C. 1232. Lawyers Involved: B. Hossain, Advocate-on-Record.- For the Appellant. Habib Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Criminal Appeal No. 16 of 1985. (......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......so Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ...... Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. R..

Category: Criminal Law | Date: | Hits: 124

Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)

.... Appellate Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rah­man J A.T.M. Afzal J Md. Ayub…………………………..…&h...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... T. H. Khan, Senior Advocate, M. A. Mahbub Miah, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Rafiqul-ul-Huq, Senior Advocate, Moksudur Rahman, Senior Advocate with him instructed by Mohammad Ayub, Advocate-on-Record—For the Res...... Ahmed J M.H. Rah­man J A.T.M. Afzal J Md. Ayub…………………………..……….Appellant Vs. Bangladesh represented by the Secretary, Ministry of Works & others……...

Category: Property Law | Date: | Hits: 31

Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)

.... Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellants. Asrarul Hossain, Senior Advocate instructed by Md. Aftab Hossain, Advo­cate-on-Record—For the Respondents. Civil Appeal No. 38 o......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......-up matter should be disposed of expeditiously. No order as to costs. Ed. ...... Present: Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Shafquat Haider & others………………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August..

Category: Intellectual Property Law | Date: | Hits: 239

M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)

....Appellant Vs. Bangladesh Sugar and Food Industries Corporation and ors………...Respondents Judgment August 24, 1986. Cases Referred to- Md. Chand Miah Sowdagar Vs SMH Rahman 1985 BLD 337; Kalu Vs. Sowaria 27 1C 703. Lawyers Inv......cation for review is dismissed for, hit non-ap­pearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ......sts. Ed. ......ry J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal. J M/S. Zaman and Co. represented by its Proprietor N. Zaman…………....Appellant Vs. Bangladesh Sugar and Food Industries Corporation and ors………...Respo..

Category: Civil Law | Date: | Hits: 84

Sharping Matshajibi Samabaya Sa­mity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)

....7 SC. 2149 ; Kekhraj S. Lalvani Vs. Dy. Custodian AIR 1966 (SC) 334; Har Shanker AIR 1973 (SC) 1121; M/s. Momin Motor Vs. Regional Transport Authority PLD 1962 108; Chairman Chittagong Pourashava Vs. Md. Amjad Khan 1980 B.S C.R. 54; M/S. Radha Krishna Agarwal Vi. State of Bihar and others AIR 1977 P......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdic­tion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......d. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......vil) Present: FKMA Munim CJ Badrul Haider Chow­dhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sharping Matshajibi Samabaya Sa­mity Ltd.....................Appellant Vs. Bangladesh & others……………………………………………………………...

Category: Property Law | Date: | Hits: 87

Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)

....ar & others………………………………Respondent Judgment September 22, 1986. Cases Referred To- Md. Jabed Ali and others v. Rakhal Chandra Mondal and others, 33 DLR (AD) 309; Khairullah Bhuiyan v......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......by the High Court Division, Camilla in Civil Revision No. 218 of 1984.) Judgment                   M.H. Rahman J.- Pre-emptors are the petitioners. Admitted case of the parties is that a non-agricultural...... MH Rah­man J ATM Afzal J Sree Monoranjan Banik and another……………………………….Petitioners Vs. Sree Nitya Ranjan Karmakar & others………………&..

Category: Property Law | Date: | Hits: 43

Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)

....e suit pro­perty. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, ac­cordingly, it is dismissed. No costs. Ed. ......e suit pro­perty. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, ac­cordingly, it is dismissed. No costs. Ed. ......costs. Ed. ...... Badrul Haider Chow­dhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Sree Gopal Chandra Mondal and another.........................Appellants Vs. Lasman Dasi & others……………………..

Category: Property Law | Date: | Hits: 37

Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)

....s. C.I.T. AIR 1965 S.C. 65; C.I.T. Vs. Chari & Chari Ltd. AIR 1966 S.C. 34; Karam Chand Thapra 80 I.T.R. 167. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instruc­ted by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. Exparte —For Responden...... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ...... Vs M/S. Macneil & Kilburn Ltd., Adamjee Court, Dhaka....................Respondent Judgment August 3, 1986. Cases Referred To- AIR 1932 (PC) 138: C.I.T Vs. K Rahman & Co. Ltd 1980 B.T.D. 242: C.I.T. vs. Vizir Sultan & Son 36.I.T.R. Goderaj Co vs. C...... Vs M/S. Macneil & Kilburn Ltd., Adamjee Court, Dhaka....................Respondent Judgment August 3, 1986. Cases Referred To- AIR 1932 (PC) 138: C.I.T Vs. K Rahman & Co. Ltd 1980 B.T.D. 242: C.I.T. vs. Vizir Sultan & Son 36.I.T.R. Goderaj Co ..

Category: Fiscal/Taxation Law | Date: | Hits: 84

Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)

....s. Indus­trial Development Bank. (1966) 18 DLR (SC) 354; PLD 1966 SC 1938. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate on Record—For the Appellants. A KM. Nazrul lslam, Advocate......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......er as to costs. Ed. ......J Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Present: Dira Dockyard and Engineers Ltd. and others.... Appellants Vs. Bangladesh Shilpa Rin Sangstha & others…………Respondent ..

Category: Business or Commercial Law | Date: | Hits: 100

Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)

....nd allow the appeal. The appell­ants are acquitted of the charge leveled aga­inst them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......nd allow the appeal. The appell­ants are acquitted of the charge leveled aga­inst them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......ision, Comilla Bench in Criminal appeal No. 83 of 1983). Judgment:                     M H. Rahman J. - In a trial for house-tres­pass and mischief by fire on a dwelling hut the trial cou......d J M.H. Rah­man J A.T.M. Afzal J Siraj Miah & another………………………………Appellants Vs. State & another……………………&helli..

Category: Criminal Law | Date: | Hits: 57

Sufia Khanam Chowdhury Vs. Faizun Nesa Chow­dhury, 1987, 16 CLC (AD)

....such amendment to be necessary in the interest of justice. The learned Single Judge is found to have rightly relied upon the decisions of the Supreme Court of Pakistan in the case of Keramat Ali V Md. Yunus 15 DLR SC 120 and the Indian Supreme Court in the case of A. K. Gupta and Sons Ltd V. Dam......irection for amendment of the plaint is set aside and that of the trial Court is resto­red. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......ere will be no order as to costs. Ed. ......  M. H. Rahman J A.T.M. Afzal J Sufia Khanam Chowdhury………………………….Appellant (in both the cases) Vs. Faizun Nesa Chow­dhury...........................Respondent (in both the cases) ..

Category: Property Law | Date: | Hits: 86

Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)

....C. 123; Sridhar Suar AIR 1976 (SC) 1860; Srimath D. P. Desikar AIR 1936 (P.C.) 183; Atyam Veerraju AIR 1966 (SC) 629. Lawyers Involved: Sheikh Afzalur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Ranadhir Sen, Advocate, instructed......rgu­ment was advanced before the High Court Division with regard to the merit of the settle­ment. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......ssed with costs. Ed. ......nim CJ Badrul Haider Chow­dhury J Shahabuddin Ahmed J M.H. Rahman J Chunnu Mia………………………Appellant Vs. Monindra Lal Roy & others……Respondents Judgment June 29, ..

Category: Property Law | Date: | Hits: 36

Hazera Begum and others Vs. Roushan Ara Be­gum and others, 1987, 16 CLC (AD)

....vendralal 38 C.W.N. PC 285; Adiluddin 5 PLR (Dae) 302; Lala Hera Chand 1942 A.I.R P.C. 64; Radhamoni 27 I.A. P,C 136; Bharat Pillai 46 IA. 285; Pillai AIR 1942 Mad. 622; Bhavrao 23 Bom. 137; Siddik Md. Sha AIR 1930 P.C 57; Secy, of State vs. D.L. Khan 61 I A, 78 (P.C) =38 C.W.N. 285; Maharaja Sr......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismi­ssed. There will, however, be no order as to costs. Ed. ...... Ed. ......sp; Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Hazera Begum and others………………………Appellants Vs. Roushan Ara Be­gum and others……………Respondents ..

Category: Property Law | Date: | Hits: 50