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Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)

....1918 (PC) 102; SM Bindubashini Chanda Vs. Al haj Jahanara Begum, 1982 BCR (AD) 181. Lawyers Involved: S R Paul, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on‑Record. Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondents. Khondkar Mahbubuddin Ahmed, ......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......d without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Pradhip Das alias Shambhu and others ………..Judgment‑debtor‑Appellants Vs. Kazal Das Sarma and others ……………………Decree‑holder‑Respondents Judgmen..

Category: Tenancy Law | Date: | Hits: 97

BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)

....idullah, Advocates instructed by S. S. Hoda, Advocate-on-Record— For the Appellant. S. R. Pal, Senior Advocate (on 4. 5. 76) with A. K. M. Shafiqur Rahman, Advocate instructed by Md. M. R. Khan, Advocate-on-Record—For Respondent No. 2. Ex-parte—Respondent No......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ...... Case Referred to: M/S Co-operative Milk Societies Union Ltd. Vs. State of West Bengal and others, 62 C.W.N. 405. Lawyers Involved: T. H. Khan, Senior Advocate with Mahbubur Rahman, A. N. M. Shahidullah, Advocates instructed by S. S. Hoda, Advocate-on-Record— For the......hmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Fazle Munim, J. The Bangladesh Jatiya Matshajibi Samabaya Samity Ltd……...Appellant. Vs. The Chairman, Labour Court, Chittagong & anr. ...Respondents Judgment May ..

Category: Labour and Industrial Law | Date: | Hits: 144

Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)

....d Vs. Commissioner of Income-tax (1952-21 ITR 79 at page 81). Lawyers Involved: A.W. Chowdhury, Senior Advocate, instructed by A. M. Khan Chowdhury, Advocate-on-Record -For the Appellant. Md. Hasan, Advocate, instructed by S.M. Huq Advocate-on-Record—For the Respondent. Civil Appea......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......) Present: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Commissioner of Income-Tax, Dacca Zone, Dacca......Appellant. Vs. M/s. Ata Hossain Khan Ltd....... Respondent. Judgment November 19, 1975. Result: ..

Category: Fiscal/Taxation Law | Date: | Hits: 164

Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)

....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ...... (1910) A.C. 444 of page 445; Messers Usmania Glass Sheet Factory Limited Vs. Sales T s Officer, Chittagong (1970) 22 DLR (SC) 43T— PLD 1971 SC 205. Lawyers Involved: M. Habibur Rahman, Advocate, instructed by A. Bakkar, Advocate-on-Record—For the Appellant. Syed ......d Hussain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Munim J Karnaphuli Rayon and Chemical Ltd…………....Appellant. Vs. The Govt. of Bangladesh and others…………….....Resp..

Category: Business or Commercial Law | Date: | Hits: 109

Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)

....Division (Civil) Present: AM Sayem CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun Nessa Bibi and others. ...Respondents......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......p; Present: AM Sayem CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun Nessa Bibi and others. ...Respondents Judgment July 3, 1975..

Category: Property Law | Date: | Hits: 77

Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)

....on (Civil) Present: Ahsanuddin Choudhury J Kemaluddin Hossain J D.C. Bhattacharya J Mozaffar Ahmed………...Appellant. Vs. Md. Osman and anr.........Respondents. Judgment &n...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......hy;tion that the land in dispute formed part of a Wakf estate of which the appellant, Mozaffar Ahmed is the Mutwalli and for khas possession thereof. The lands in dispute belonged to Mokhlesur Rahman who and his three brothers were recorded in the R. S. Khatians as korfa tenants. He, by......late Division (Civil) Present: Ahsanuddin Choudhury J Kemaluddin Hossain J D.C. Bhattacharya J Mozaffar Ahmed………...Appellant. Vs. Md. Osman and anr.........Respondents. Judgment &nb..

Category: Trust/Waqf Law | Date: | Hits: 239

Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)

....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......1976) 65. ......ion (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hosain J Debash Chandra Bhattacharya J Azizur Rahman and another………….Appellants Vs. Sree Kailash Chand Burmecha and others………..Respondents Judgment August 26, 197..

Category: Property Law | Date: | Hits: 93

Lal Meah, being dead his heirs Momena Khatun & others Vs. Haji Md. Ibrahim Meah & others, 1975, 4 CLC (AD)

....l) Present: Syed AB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Lal Meah, being dead his heirs Momena Khatun & others………..Appellants. Vs. Haji Md. Ibrahim Meah and others......Respondents Judgment November 28, 1975. Result: The ...... call such additional evidence on the question as it may deem fit. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 61. ......bai, 51 C.W N. 175, Narendra Vs. Rajendra, 45 C.W.N. 654 , Rai Kiran Chandra Roy Bahadur Vs. Srinath, Chakrabarti 31 C.W.N. 135, Kumar Rai Vs. Baraboni Coal, A.I.R. 1935 Calcutta 36, Jemarat Ali Vs. Rahman Sardar, 17 DLR 589, Pramatha Nath Vs. Kamir Mondal, 17 DLR (SC) 392. Lawyers Involved: ......ion (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Lal Meah, being dead his heirs Momena Khatun & others………..Appellants. Vs. Haji Md. Ibrahim Meah and others......Respondents Judgment November 28, 1975. Re..

Category: Property Law | Date: | Hits: 82

Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)

....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......��...Appellant. Vs. The Election Commissioner and others……..Respondents. Judgment November 24, 1975. Result: The Appeal is dismissed. Lawyers Involved: Shah Azizur Rahman with Latifur Rahman, Advocates, instructed by B. Hossain, Advocate-on-Record—For the Appell......e Division (Civil) Present: Syed ABM Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Syed Mofazzal Hossain…………...Appellant. Vs. The Election Commissioner and others……..Respondents. Judgment November 24, 197..

Category: Election Law | Date: | Hits: 122

Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)

....d, Additional Attorney-General, with Mahmudul Islam, Assistant Attorney-General, instructed by A.W. Mallik, Advocate-on-Record.—For the Appellants. Ahmadur Rahman Khan, Advocate, instructed by Md. Nurul, Huq, Advocate-on-Record.—For the Respondent. Civil Appeal No. 10 of 1972. (From......ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ...... Lawyers Involved: Syed Ishtiaq Ahmed, Additional Attorney-General, with Mahmudul Islam, Assistant Attorney-General, instructed by A.W. Mallik, Advocate-on-Record.—For the Appellants. Ahmadur Rahman Khan, Advocate, instructed by Md. Nurul, Huq, Advocate-on-Record.—For the Respondent. ......ppellate Division (Civil) Present: Syed A.B.M. Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J D. C. Bhattacharya J Government of Bangladesh & ors........Appellant Vs. M/s. Samir & Co…………..Respondent Judgment November 20, 1975. Cases ref..

Category: Alternative Dispute Resolution | Date: | Hits: 258

Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)

....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ...... A. B. Mahmud Hussain J Ahsanuddin Choudhury J Kemaluddin Hossain J Debash Chandra Bhattacharya J Matilal Sikder & ors……... Appellants Vs. Benodini Dasi, being dead her heirs Bepin Behari Das and others.........Respondents ..

Category: Property Law | Date: | Hits: 54

Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)

....9 DLR 333; Tarangini Debi 19 DLR 57; Keramat Ali Vs. Mohammad Yunus, 15 DLR (SC) 130. Lawyers Involved: M. Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record—For the Appellant. Md. Fazlul Karim, Advocate instructed by A, W. Mian, Advocate-on-Record—For the Respondent. Civ......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. .......I.R. 1954, Calcutta 113; Mohammad Moslemali Molla Vs. Sk. Azharali P.K.R. 1957 Dacca 6; Tarangini Debi Vs. Govinda Mallik, 9 DLR 57; Purna Chandra Vs. Dinabandhu Mukherjee I.L.R. 34 Cal 811; Abtabur Rahman Vs. Madan Mia, 19 DLR 333; Tarangini Debi 19 DLR 57; Keramat Ali Vs. Mohammad Yunus, 15 DLR (......t Appellate Division (Civil) Present: Syed ABM Hussain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Golam Hafez Mia……………………………… Appellant. Vs. Khadem Ali Meah .........................Respondent Judgment November 17, 1977. Resu..

Category: Property Law | Date: | Hits: 82

Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)

....ellate Division (Civil) Present: Syed ABM Husain CJ Debesh Chandra Bhattacharya J Fazle Munim J Amir Sultan Ali Hyder................................ Appellant. Vs. Md. K. Alam alias S. Alam & others............. Respondents Judgment July 1, 1977. R...... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......msingh vs. Basant AIR 1936 PC 93 and Adnikappu vs. Chandrasekhar. PIR 1948 PC 12. Muhammad Alladad Ismail Khan ILR 10 Allahabad 289; Saddique Hussain Khan Vs. Hashim Ali Khan, 43 IA 212, Syed Habibur Rahman Chowdhury Vs. Syed Altaf Ali Chowdhury. L.A.48 IA 114: 26 CWN 81 ILR 48 Cal 856: AIR 1922 PC ...... Appellate Division (Civil) Present: Syed ABM Husain CJ Debesh Chandra Bhattacharya J Fazle Munim J Amir Sultan Ali Hyder................................ Appellant. Vs. Md. K. Alam alias S. Alam & others............. Respondents Judgment July 1, 197..

Category: Trust/Waqf Law | Date: | Hits: 182

Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)

.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ...... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ...... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. .......A.B. Mahmud Husain C J K. Hossain J Debesh Chandra Bhattacharya J Mannujan Begum………………………..Appellant. Vs. A. Samad Molla & others................... Respondents. Judgment Nov...

Category: Property Law | Date: | Hits: 61

The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)

....boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ......boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ......on, Rajshahi. 2. The prosecution case was that over Dayarompur Union Council affairs there were trouble and bitter feelings between Dr. Abdus Salam (deceased) on one hand and accused Azizur Rahman and respondent Golam Rabbani and their supporters or the other. Accused Azizur Rahman b...... (Criminal) Present: Syed A.B.M. Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J The State.....................Appellant. Vs. Fazu Kazi alias Kazi Fazlur Rahman and others .................Respondents. ..

Category: Criminal Law | Date: | Hits: 80

Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)

....bsp; January 20, 1977. Lawyers Involved: T.H. Khan, Senior Advocate with Md. Abdur Rahim, Advocate, Supreme Court, instructed by Abu Bakkar, Advocate on-Record.—For P...... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ...... order. 2. The prosecution case against them was that as Rajakars they collaborated with Pak Army and on 1st of Kartick, 1378 B.S. they along with 40/50 other Rajakars caught hold of Anisur Rahman, son of P.W. Bajitulla Gazi at Chapatola Bazar and took him to his village Noali wherefrom h......tion 364. The law in respect of the charge for the offence of abduction followed by murder and the recovery of the dead body has been clearly laid down by this court in the case of Hafez Abul Khair Vs. The State in Criminal Appeal No. 4 of 1975 of this court. Needless to say that the decision of..

Category: Criminal Law | Date: | Hits: 62

Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)

....th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ..............Petitioners. Vs. Mohammad Khodabaksh Sheikh... ……………Respondent Judgment June 30, 1977. Lawyers Involved: Abdur Rahman Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Petitioner. B,...... Present: Syed A.B M. Husain CJ Kemaluddin Hussain J D. C. Bhattacharya J Fazle Munim J Fakhruddin Mia and other.........................Petitioners. Vs. Mohammad Khodabaksh Sheikh... ……………Respondent ..

Category: Property Law | Date: | Hits: 44

K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)

....ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ......ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ......o be noted that Contractor Hazi Mansur Ali faced the trial on charges under section 409/109 of the Bangladesh Penal Code and 5(2) of Act II of 1977/109 and Safiquddin, the then Secretary and Syedur Rahman, the then officiating Engineer of the District Council on the charge under section 5(2)......hmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J K. M. Zaker Hossain................Petitioner Vs. The State.............................Respondent Judgment Feb. 21, 197..

Category: Criminal Law | Date: | Hits: 69

Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)

....14 DLR (SC) 81 (86) = PLR 1962 (SC) 102 (106); Hari Vishnu vs. Ahmed Ishaque AIR 1955 (SC) 233, Syed Yakoob vs. Radha Krishnan AIR 1964 (SC) 477. Lawyers Involved: Mainul Hossain, Advocate with Md. Joynal Abedin, Advocate, Mozammel Huq Khan, Advocate—For the Appellant. Sultan Hossain Khan......nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ......e trial court or the Appellate Court except in exceptional circumstances. In this connection reference may be made to the following observation of the Supreme Court of Pakistan in the case of Abdur Rahman Vs. State (1961) 13 DLR (SC)—PLD 1960 (SC) 401: "This Court has on numerous occasions ......Mahmud Hossain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Yusuf Sk. alias Sk Abu Yusuf.................................Appellant. Vs. Appellate Tribunal and another............................... Respondent. Judgment A..

Category: Criminal Law | Date: | Hits: 70

Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)

.... cream He Bank Ltd. Vs. SardarKishan Singh, AIR 1963 Pun. 230; Income Tax, AIR 1955 S.C. 74 ; Shyamlal Vs Jagannath, AIR 1969 Cal 424; Fhtcrotts case (1883) 21 Ch. 519 (CA.); Abdur Rahim Vs. Syed Abu Md. Bark at AH LR55 IA 96—32 CWN 482-AIR 1928 ' P.C 16— ILR Cal. 519 ; Asmatunnessa Begum Vs. As......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......d. 84; Raghabachariar Vs. Murugesa Mudali AIR 1933 Mad. 635; Basanta Kumar vs. Mihirlal AIR 1968. Cal. 604; Manilal Mohan Lai vs. Sajdu Ahmad AIR. 1954 SC 349; S.M. Yousuf and another Vs. Kh. Hafizur Rahman and others 36 DLR 124. Lawyers Involved: Syed A.N.M. Nasiruddin, Advocate-o......risdiction (Civil) Present: AB Mahmud Husain CJ Ahsanuddin Choudhury J Debesh Chandra Bhattacharya J Fazle Munim J Punjab Ali Pramanik and others.................Appellants. Vs. Mohd. Mokarram Hossain... ……………….Respondents Judgment March 4, 1976. Re..

Category: Property Law | Date: | Hits: 118

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