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Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....(14) Cases Referred to- Ram Pargas Vs. Emperor, AIR 1948 Allahbad 129; Vine vs. National Dock Labor Board, (1956) 3 All England Report, 939. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, (Mahbubey Alam, Advocate with him), instructed by Md. Sajjadul Huq, Advocate-on-R......cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......tition No. 113 of 1985 in the High Court Division challenging that the order dated 16th April 1985 passed by respondent No. 1, District Magistrate, Kushtia by which he directed respondent No. 3, Officer-in-Charge of Police Station, Kushtia to enter upon and seize all unauthorized newspapers, do..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....ny vs. Noni Desai AIR 1968 (S.C.) 1444 Attorney General Vs Sillen (1864) 10 H.L.C. 704 Molik Manzoor Elahi vs. Lala Bishamber Das, 16 DLR (SC) 246. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record.—For the Appellants (in......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ...... Seen the report of O/C. I am satisfied that there is apprehension of breach of peace. D/O u/s 145 Cr.P.C. restraining both the parties from entering into the D/L. Land is attached. Upazila Revenue Officer appointed Receiver. Parties to submit W/S. to date." Opposite party No. 13 Abdul Sale..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....s. Emperor, AIR 1933 Cal. 551(2), Piare Dusadh v. Emperor, AIR 1944, 1(C). Vtnkatachennaya v. Emperor AIR 1920 Mad 337(FB); Inayat v. Rex, AIR 1950 All 369. Lawyers Involved: Syed Istiaq Ahmed, Senior Advocate with Mahmudul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on Record......nizance was taken by the Sessions Judge on 15. 6.77, the trial became pending and the savings as provided in section 4(2) of the Ordinance was immediately attracted. He has referred, besides Stroud's Judicial Dictionary, to the Dictionary meaning of the word 'pending' which is 'awaiting decision or ...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....urga Dasi, 17 Cat. 458; Bungsho Dhar Biswas Vs. Modhu Mohudder, 21 W.R. 383 AIR 1941, PC 55, AIR 1947 PC 19, 28 CU 73 B.C., 63, CLJ 410P. C. Supreme Court. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record —For the Appellants (In ......a new market as required,, without affecting the existing market, for that portion of the public which cannot be accommodated in the existing market.” 36. Also, we have been referred to Stroud's Judicial Dictionary, 4th Edition, Vol. 3, p.1925 for deriving the clearest notions of what is a mark......newly established Salimabad hat, and, in case it is not done, to give effect to the order of the Additional Deputy Commissioner allowing the hat to sit on Wednesdays and Sundays. Perused the local Officer report which supports the case on the petitioner that the Salimabad hat bad been confiscated..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ferred to- Shamsuddin Ahmed vs. Mohd. Hassan and others (1979), 31 D.L.R (AD) 155; Mst. Esarunnessa Bibi vs. Md. Amir Hossain reported in 38 D.L.R. (AD) 1. Lawyers Involved: M H Khondker, Senior Advocate, A. J. Muhammad Ali Advocate with him instructed by Sharifuddin Chaklader, Advocate-......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
.... cannot be condoned legally………(23) Cases Referred to- Asharam M. Jain vs. A.T. Gupta, AIR 1983 SC 1151: L. D. Jaikwal vs. State of U.P., AIR 1984 SC 1374. Lawyers Involved: S R. Pal, Senior Advocate instructed by Kazi Ebadul Huq, Advocate-on-Record—For the Appellant. A.W. Bhuiy......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......plaint against the appellant by respondent No. 2 who is Munsif-Magi strafe, Chilmari are that while he was conducting criminal cases in Court on 6th December 1983, appellant who is an Upazila Nirbahi Officer, Chilmari, Upazila, Kurigram sat by his side and said that respondent No. 2 should take prac..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....Industries (1974) 26 DLR 157; Chera Dangi Mela Committee vs. Md. Yusuf Ali (1977—78) BSCR 254 AD; Amir Sultan vs. Md. K. Alam. (1977) 29 DLR 295 (SC). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Shah Md. Sharif & Mahmudul Islam, Advocates with him) instructed by Md. Wahidu......e powers and functions of a Court, particularly when the Election Tribunals are manned by Munsif. 41. Finally, an election dispute relates to a right to office. The dispute is civil in nature. Judicial officers who decide civil disputes have been empowered to decide diction disputes. Procedu...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
..... Ibahim Khan, 56 I.A. 201; Md. Baikder Hussain Khan Bahaour Vs. Shurfoon Nessa Begum, 8 I A. 136; 11 M A 94. Lawyers Involved: Not represented-the Appellant. Khondoker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Aftab Hussain, Advocate-on-Rec...... the Administrator of Wakf to consider whether these conditions have been fulfilled by any individual. It is enough to notice that the assessment is to be made by the Administrator of Wakf Estate in Judicial manner (29 DLR page). Such jurisdiction exclusively conferred upon him by the law but his d...... his wives. P.W. 10 (80) was the Secretary of Saheb Bazar Mosque in Rajshahi town and thereafter its Imam and was a friend of Amir Ali and P.W. 11 (70) is a retired Sub-Inspector of Police who was Officer-in-Charge of Rampur-Boalia Police Station in 1952/53 and had personal knowledge about Ami..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....ern Jalgaon, 59 ILR (Bombay) 158; Mahabubul Huq Vs. Abdul Huq, C. P. No. 80 of 1974; Chittoori Subban Vs. Kudapa Subbanna and others, AIR 1965 (SC) 1325 (1332). Lawyers Involved: M. H Khondker, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record —For the Appellants. ......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....l. 70 corresponding 20 IA 165; Banarsi Debi Vs. The Income-tax Officer, AIR 1964 SC 1742; Radha Krishna Jogani vs. Dwarka Das Agarawalla, (1984)36253 (AD). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Mr. Md. Aftab Hossain, Advocate-on......se provisions was null and void as not being sale under Act XI of 1859, vide Lala Mobaruk Lal vs. The Secretary of State of India ILR 11 Cal. 200 FB. This decision appears have been over-ruled by the Judicial committee of the Privy Council in Gobinda Lal Ray vs. Ramjanam Misser, ILR 21 Cal. 70 corre......ari, (1960) 12 DLR 339; Ratantilal Chakravarty vs. Shomnath Chakravarty. (1957) 9 DLR 112; Gobinda Lal Ray Vs. Ramjanam Misser, ILR 21 Cal. 70 corresponding 20 IA 165; Banarsi Debi Vs. The Income-tax Officer, AIR 1964 SC 1742; Radha Krishna Jogani vs. Dwarka Das Agarawalla, (1984)36253 (AD). Lawy..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....,65) 17 DLR Kar 119 Mst. Munawar Jan Vs. Master Muhammad Afsar Khan, PLD 1962 Lah 142 and Rahimullah Chowdhury Vs. Mrs. Sayeda Helali Begum, (1968) 20 DLR 1 SC. Lawyers Involved: Fazlul Karim, Senior Advocate instructed by Sharifuddin Chaklader Advocate-on-Record. —For the Appellant. Md.......ourts used to take guidance regarding these rules from the standard translations of two very distinguished classical compilations on Sunni Law, namely, the Hedaya and the Fatawa-Alamgiri. Thus, the Judicial Committee of the Privy Council recognised the value and importance of these two books. It......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....384 L.R. 6 Chi; J. M. Singh v. Baldeo Singh. 49 I. A. 299; Currimbhoy & Co. vs. Greet, AIR 1933 (PC) 29; Abdus Satter vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record- For the Appellant. T.H. K......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....ntral Co-operative Bank, 1966 PLD (SC), 445. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record —For the Appellants. Muksum-ul-Hakim, Senior Advocate instructed by N.H. Khondkar, Advocate- on-Record—For the Despondent No. 1. Ex-p......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ...... the Dhaka Co-operative Land Mortgage Bank by the Registrar, Cooperative Societies, on 2 August 1956 and thereafter he was allowed two promotions, and on the relevant day in 1973, he was working as Officer of the said Bank. He was placed under suspension on 13 January 1973 by the Managing Committe..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......f the accused would depose in favour of the prosecution, but for the purpose of general corroboration to the incident, some people of the neighborhood should have been examined. The Investigating Officer (P.W. 20) has explained that though he visited the place on three occasions he did not find ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....y stayed by the Subordinate Judge, Third Court, Dhaka, till disposal of the former case. Judgement of the High Court Division rejecting the order is set aside. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Md Fazlul Hague, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-o......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ses Referred to- Commissioner of Income Tax vs. Fazlur Rahman (1964) 16 DLR (SC) 506; Badridas Daga vs. Commissioner of Income Tax 1949 I.T.R. 202. Lawyers Involved: A. M. Mahmudur Rahman, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on- Record—For the Appellant. Chowdhu......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ...... is assessed and tax payable is determined under section 23. Assessment may be made (i) on the basis of the return, (ii) on the basis of the evidence adduced and (iii) to the best of the Income Tax Officer's judgment, which is called best judgment assessment. The Privy Council pointed out in Badri..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....le to the trial of the appellants. Thus, the cognizance taken by this Special Judge is perfectly lawful. Both the appeals are dismissed. …………(6 & 7) Lawyers Involved: Serajul Huq, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For Appellant (in Crimina...... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......t of forgery of two documents relating to an auction-sale in connection with a Certificate Proceeding. The Certificate Proceeding in question is C.C. No. 941/1963-64 of the Court of Certificate Officer, Chandpur. One Hare Krishna Das was the Certificate debtor in that Certificate case and his ..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
.... Cases Referred to- Abdul Rauf and others Vs. Abdul Hamid Khan and others (1965) 17 DLR (SC) 550; Abul Khair Mia Vs. Abdul Latif Sardar (1980) 32 DLR 167. Lawyers Involved: Maksumul Hakim, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. Altaf H......dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......eement contained in clause 12 of the agreement. The clause provided for giving 30 days' notice before terminating the licence. From the evidence of P.W.1, Manjur Ahmed Chowdhury, District Marketing Officer of respondent No. 1, it appears that the Petrol station was taken over by the Government as ..Category: Business or Commercial Law | Date: | Hits: 118
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