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Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)

....right of Kol-karsha. In the result, we do not find any subs­tance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......right of Kol-karsha. In the result, we do not find any subs­tance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Sunil Kumar Biswas …………………….Appellant Vs. Mohammad Idris and others…………Respondents Judgment April 16, 1981 ...... Ruhul Is­lam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sunil Kumar Biswas …………………….Appellant Vs. Mohammad Idris and others…………Respondents Judgment ..

Category: Property Law | Date: | Hits: 45

Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)

....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......d. ......on (Civil) Present: Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Sanjib Kumar Bose and another.....................Appellant Vs. Syed Shamsuddin Ahmed and another…………….Respondents ..

Category: Property Law | Date: | Hits: 54

Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)

..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......ellate   Division (Civil) Present: Kemaluddin Hossain CJ   Fazle Munim J  And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. ......  Fazle Munim J  And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. Ahmuda Khatun and others...................Respondents Judgment July 10, ..

Category: Property Law | Date: | Hits: 47

A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)

....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......lam, Advocate, instructed by Md, Aftab Hossain, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondent. Civil Appeal No. 20 of 1980. (From the Judgment and Order dated 30.4.79 passed by the High Court Division in Company Matter No. 10 of 1979.) ......ip;…………………………………………………………..Appellant. Vs. Registrar of Joint Stock Companies, Dacca………………..

Category: Business or Commercial Law | Date: | Hits: 107

Baitul Aman Coope­rative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)

....ler the appeal is allowed. The appli­cation filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......ler the appeal is allowed. The appli­cation filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ...... (Civil) Present: F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Baitul Aman Co-ope­rative Housing Society Ltd. and another.....................Appellant Vs. Muhammad Shamsur Rahman and others&hell......unim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Baitul Aman Co-ope­rative Housing Society Ltd. and another.....................Appellant Vs. Muhammad Shamsur Rahman and others………………&helli..

Category: Property Law | Date: | Hits: 60

Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)

....e dealing with the application under section 96 of the Act for pre­emption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......e dealing with the application under section 96 of the Act for pre­emption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ...... Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J K.M. Subhan J Badrul Haider Chowdhury J Mohd. Jabed Ali and others.................................... Appellants. (For all the appeals) Vs. ......sain CJ Ruhul Islam J K.M. Subhan J Badrul Haider Chowdhury J Mohd. Jabed Ali and others.................................... Appellants. (For all the appeals) Vs. Rakhal Chandra Mondal and others..........................Respondents (In C.A. Nos. 143 ..

Category: Property Law | Date: | Hits: 49

Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)

....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......ppellate Division (Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Mafizuddin Patwari being dead his heirs Md. Tofaazzal Hossain Patwari and others ………………….Appellants Vs. Abdul...... J Badrul Haider Chowdhury J Md. Mafizuddin Patwari being dead his heirs Md. Tofaazzal Hossain Patwari and others ………………….Appellants Vs. Abdul Hakim Miazi being dead his heirs Mobaarak Hossain Miazi and others……&h..

Category: Property Law | Date: | Hits: 48

Hasan Imam Chowdhury Vs. Govt. of Bangla­desh and others, 1981, 10 CLC (AD)

....ion is pregnant with any new issue which requires adjudica­tion in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......ion is pregnant with any new issue which requires adjudica­tion in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......m J Rahul Islam J Badrul Haider Chbwdhury J Shaha-buddin Ahmed J Hasan Imam Chowdhury........................... Appellant Vs. Govt. of Bangla­desh and others................. Respondents Judgment March 23, 1981. Lawyers Inv......ddin Hossain CJ Fazle Munim J Rahul Islam J Badrul Haider Chbwdhury J Shaha-buddin Ahmed J Hasan Imam Chowdhury........................... Appellant Vs. Govt. of Bangla­desh and others................. Respondents Judgment ..

Category: Employment/Service Law | Date: | Hits: 101

Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)

....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of   the decision of the majority the appeal is allowed with costs. Ed. ......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of   the decision of the majority the appeal is allowed with costs. Ed. ......ondker, Senior Advocate A.K.M. Shafiqur Rahman with him instructed by Md. Aftab Hossain, Advocate-an-Record,—For the Respondent. Civil Appeal No. 48 of 1979. (From the judgment and order dated 25-5-78 passed by the High Court Division in Civil Revision No. 152 of 1980.) ......Shahabuddin Ah­med J Md. Matlabur Rahman & ors……………………………………… Appellant Vs. Madan Meah Chowdhury ..........................................Respondent Judgment..

Category: Civil Law | Date: | Hits: 91

Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)

....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ...... Present: Kemaluddin Hossain CJ     Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Amanullah Bhuiyan and others…………….Appellants Vs. Abdul Hafiz and or...... Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Amanullah Bhuiyan and others…………….Appellants Vs. Abdul Hafiz and ors…..........................Respondents Judgment ..

Category: Procedural Law | Date: | Hits: 106

Commissioner of Taxes & another Vs. M/s. Mullick Bro­thers, 1981, 10 CLC (AD)

....rom want of legal authority. In the result, therefore, this review appli­cation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......rom want of legal authority. In the result, therefore, this review appli­cation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......¦â€¦..Petitioner Vs. M/s. Mullick Bro­thers…………………………………………..Respondent Judgment February 2, 1981. Result: The review appli­cation is allowed and the appeal is dismissed. Lawyers Involved: T. H. Khan, Senior Advocate, with Muzammel Huq...... (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Commissioner of Taxes & another……………………..Petitioner Vs. M/s. Mullick Bro­thers…………………………………………..Respondent Judg..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)

....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......…………………………………………….Appellant Vs. Durjan Ali alias Siddique Hossain and others………………………..Respondent ......ellip;………………………………………………………….Appellant Vs. Durjan Ali alias Siddique Hossain and others……………&hel..

Category: Property Law | Date: | Hits: 43

Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)

....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sreemati Charubala Sen Gupta, being read her substituted legatee. Sree Paresh Chandra Deb Gupta………………………………………………………….Appellant Vs. ......Shahabuddin Ahmed J Sreemati Charubala Sen Gupta, being read her substituted legatee. Sree Paresh Chandra Deb Gupta………………………………………………………….Appellant Vs. Abul Hashem and others……………………………………………………………â..

Category: Property Law | Date: | Hits: 80

Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)

....Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represen­ted by the Secretary, Ministry of Health and Population Control and others…………………………………………......way or in a way the Court might think more just and equitable," it would strike down such law if it is discriminatory in its effect. In holding that the impugned provisions of the Travancore-Co­chin Land Tax Act, 1955 which subjected the same class of property similarly situated to an incident of t......uhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represen­ted by the Secretary, Ministry of Health and Population Control and others…………………………………………Respondent Judg...... (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represen­ted by the Secretary, Ministry of Health and Population Control and ot..

Category: Employment/Service Law | Date: | Hits: 180

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

....he appellant was directed by an order dated 16-9-78 to discontinue the famines of Licensed Measurers Department work and also to delete Clause 3(36) of the Memorandum. This order was passed by the Ministry of Commerce without any notice to the appel­lant. 6. The appellant unsuccessful...... any law­ful authority. Ed.                           ......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.) ...... Present: Kemaluddin Hossain CJ Fazle Munim J  K.M.Subhan J Badrul Haider Chowdhury J Bangladesh Steamer Agents Association...............Appellant Vs. Bangladesh & ors .............................................Respondent Judgm..

Category: Others | Date: | Hits: 110

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

....l submitted that existence of this expression sufficiently indicates the scope of the power of the reviewing authority. He submitted that in the instance case as per information received from the Ministry of Law there was no proper review as contemp­lated under the Regulation which is indicated......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. ......eported in: 33 DLR (AD) (1981) 154. ......n (Criminal) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Khandaker Ehtehshamuddin Ahmed @ Iqbal………………….Appellant Vs. Bangladesh and others………………………………………….Respondents Judgme..

Category: Constitutional Law | Date: | Hits: 292

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. ......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......Badrul Haider Chowdhury J S.Z.M. Nurul Huq…………………………………Appellant (In Cr. A. No. 22 of 1979). Vs. State…………………………&hel..

Category: Criminal Law | Date: | Hits: 62

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

....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. ......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. ...... 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...... Present: Kemaluddin Hossain CJ FKMA Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Binode Behari Saha…………………………….Appellant Vs. Nitya Gopal Shaha ……………………….Respondent Judgment July 15, 1980. ..

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. ......w, we, however, make no order as to costs. Ed. ......Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J  Nurunnessa and ors……………………………………………………………..Appellants Vs. Babr Ali Bepari and others......................................... Respondents Judgment ..

Category: Others | Date: | Hits: 128

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

....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. ......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. ......hmed J Abdus Samad & ors…………………………………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment March 18, 1980. ......ry J Shahabuddin Ahmed J Abdus Samad & ors…………………………………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment ..

Category: Property Law | Date: | Hits: 73