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Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)

....Vs Lal Mohar 58 IA 254; Md. Siddiq Vs Australisaia Bank PLD 1966 SC 684; Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi, (1981) 33 DLR (AD) 505. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (B. B. Roy Chowdhury, Senior Advocate with him) instruc­ted by Shamsul Huque Si......rence is made to the cases of Parsotim vs. Lal Mohar, 581. A. 254 and Muhammad Siddiq Muhammad Umar vs. The Australisia Bank Ltd., PLD 1966 SC 684. In the first of the cases referred to above, the Judicial Com­mittee of the Privy Council while considering the provisions of Order 41, rule 27 ......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 220. ..

Category: Property Law | Date: | Hits: 34

Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)

....C) page 1; Krishna Sardar Vs. Sindhu Bala Dasi A.I.R. 1970 Cal. 444. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Appellants. B. B. Roy Chowdhury, Senior Advocate (Abdur Rashid, Advocate with him) instructed by Shamsul Haque Siddique, Advocate-on......appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ..

Category: Property Law | Date: | Hits: 24

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

....1) I Ch. 155; Re Canal Iron Works (1876) 3 Ch D. 411; Davy Vs Scarth (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-Reco......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. ...... when passes account of Receiver? It means that the Court calls upon the receiver first to produce and file his account which are checked with proper vouchers and other proofs before the Accounting Officer and thereafter they are pressed before the Court which passes them, In passing  ..

Category: Property Law | Date: | Hits: 39

Golam Ather Chow­dhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)

....rbi­trary or capricious. This being an innocuous order for the benefit of the waqf estate no interference is called for……..(8)  Lawyers Involved: S.M Hussain, Senior Advocate, (K. Z. Alam, Advocate with him) instructed by Md. Aftab Hossain Advocate-on-Record......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 203. ......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 203. ..

Category: Trust/Waqf Law | Date: | Hits: 196

Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)

....r of remand therefore was absolutely unnecessary………(6) Lawyers Involved: Md. Abdul Hannan, Advocate, instructed by Abul Quasem, Advocate-on-Re­cord—For the Appellants. S.R. Pal, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate—For the Respondents. Civil Appe......owed. The impugned order of the High Court Divi­sion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......owed. The impugned order of the High Court Divi­sion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ..

Category: Tenancy Law | Date: | Hits: 166

Sadullah Pramanik & ors. Vs. Md. Khalilur Rah­man & ors., 1984, 13 CLC (AD)

....ra Paul Vs. Khoyar Sardar, 20 DLR 746. Lawyers Involved: B. N. Chowdhury, Advocate instructed by Kazi Ebadul Haque, Advocate-on-Record—For the appellants. S.R. Pal, Senior Advocate, instructed by Kaiseruddin Ahmed, Advocate-on-Record—For the Respondent Nos. ......ed with costs.                  Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......ed with costs.                  Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ..

Category: Property Law | Date: | Hits: 27

Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)

....Kishore Bun Mohunt Vs. Prosanna Coomar 21 Cal 74; Durga Das Nanda Vs. Deoraj Agarwala, 10 C. W. N. 297; Protap Chandra Das vs. Peary Choudhurani, 8 Calcutta 174. Lawyers Involved: T. H. Khan, Senior Advocate, Abdul Wahhab, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Re...... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ...... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ..

Category: Civil Law | Date: | Hits: 114

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

....B. Rahman, Advocate-on-Record—For the appellant. Amirul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent Nos. 1 and 2. M. Zahir, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record—For Respondent Nos. 2 and ......;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. ......;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. ..

Category: Civil Law | Date: | Hits: 95

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

....n 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. Rafiq-ul-Huq, Senior Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Respondent. Ci......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. ...... on by the trustee himself who had no business of his own. In these circumstances, the respondent claimed exemption from income-tax under section 4(3) (i) of the Income-tax Act. But the Income tax Officer rejected the claim taking the ground that in view of the proviso of this section the exempt..

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

Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)

....immajama, AIR 1959 (SC) 443. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Kazi Ebadul Haque, Advocate-on-Record—For the Appellant. B. B. Roy Chowdhury, Senior Advocate, (Md. Abdur Rashid, Advocate with him) instructed by Md. Shamsul Huque Siddique, Ad......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ..

Category: Property Law | Date: | Hits: 118

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

....uo; However, the transferee court must have jurisdiction to adjudicate upon the subject matter of the dispute…………(6)  Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by M.S. Zoha Chowdhury, Advocate-on-Record—For the Appellant. ...... 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. ..

Category: Others | Date: | Hits: 93

Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)

....ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ..

Category: Criminal Law | Date: | Hits: 58

M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)

....s were persistently pursuing their reme­dies, for the release of the properties in ques­tion……………..(13)  Lawyers Involved: T. H. Khan, Senior Advocate (M. A. Wahhab Mian, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ...... business. In spite of the repeated attempts of the Directors of the company the proper­ties were not released by the Government. Representations were made by appellant No. 2 to Sub-Divisional Officer, Dhaka on 10th August, 1972 to the same effect and the other dates on which similar represe..

Category: Property Law | Date: | Hits: 47

Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)

....t will proceed in accordance with law………………(12 and 13) Cases Referred to- 31 DLR (AD) 266, 32 DLR (AD) 260 and 34 DLR (AD) 25. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Syed Sakhawat Ali, Advocate-on Reco...... The order of abatement is vaca­ted and the suit will now proceed in accor­dance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ...... The order of abatement is vaca­ted and the suit will now proceed in accor­dance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..

Category: Property Law | Date: | Hits: 38

Md. Muzaffar Hossain Vs. King Fishers Indus­tries Ltd. and ors., 1984, 13 CLC (AD)

....stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......ed to the Commodore Commanding, New Mooring, Chittagong by the appellant. Copies of the same were sent to (1) The Director, Direc­torate of Fisheries, (2) The Collector of Customs, (3) The Principal Officer, Mer­cantile Marine Department, (4) The Officer-in-Charge, Port Police Station, (5) Zenith ..

Category: Anti-Corruption Laws | Date: | Hits: 113

Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)

....Kumari Vs. Bachhan Singh (1913) 17 CWN 974 Suprasanna Roy Vs. Upendra Narain Roy (1913) 18 CWN 533, Basant Ram Vs. Dasondhi Mal, AIR 1929 Lah 497. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Fazlul Huque & Aminul Huq, Advocates with him) instructed by Md. Aftab Hossain......ted above the judg­ment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 97. ......ted above the judg­ment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 97. ..

Category: Property Law | Date: | Hits: 45

Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)

.... dismissed……………..(4) Cases referred to- Jagadish Chandra Sarkar Vs. Abdul Aziz, 7 DLR 314; Abdullah Baluch Vs. Adam Ali, 13 DLR (SC) 13. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advocate on Record—For the Appellant. Sy...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without how­ever any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without how­ever any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ..

Category: Tenancy Law | Date: | Hits: 111

BD Inland Water Transport Cor­pn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)

....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......operating in Bangladesh. Respondent No. 2 is the agent of respondent No. 1 in Bangladesh and res­pondent No. 3 is the agent of Protective and Indemnity Club. Respondent No. 4, namely, Principal Officer, Mercantile Marine Depart­ment, Chittagong is the Controlling Authority of the plaintif..

Category: Admiralty Law or Maritime Law | Date: | Hits: 204

Ass. Custo­dian, Enemy Pro­perty (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)

....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......s Judgment June 20, 1983. For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Officer were the rele­vant materials for consideration.....(9) Within the scope of secti..

Category: Property Law | Date: | Hits: 28

Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)

....sp; Lawyers Involved: A. K. M. Mozammel Haque Bhuiyan & Rabia Bhuiyan, Advocates instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. T. H. Khan, Senior Advocate (A.Y. Mosihuzzaman, Advocate with him) instructed by Ranesh Chandra Maitra, Advocat...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 77. ...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 77. ..

Category: Criminal Law | Date: | Hits: 58