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Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)

....e Buneanee 7 SDA 273; Grida Lal Vs. Bengal Govt. (1963) 12 MIA 448, Visvanatha Vs. Duraiswami Mudali AIR 1926 Mad. 259; Hiralal Vs. Tripura Charan 40 Cal 650 F.B. Lawyers Involved: Mohammad Roushan Ali, Advocate instruc­ted by A. N. M. Manzurul Hasan, Advocate-on-Record &mda......as well as of the trial Court and the lower Ap­pellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......MA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Geeta Rani alias Shamima Khatun………..........Appellant Vs. Bangladesh..........................Respondent Judgment March 28, 1984......as well as of the trial Court and the lower Ap­pellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..

Category: Property Law | Date: | Hits: 112

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

....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. ...... Maniklal Mansukhbhasi vs. Hormanji Jamshedji Ginwalla & Sons, A.I.R. 1950 (SC) 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 ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Mehar Khatun and ors............................... Appellants Vs. Sarat Kumar Kanungoe………....................... Respondent ......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

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

....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. ......t 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—For the Appellant Khondkar Mahbubuddin Ahmed, Senior Advoc......M Masud J S Mohammed Mohsen Ali J Golam Ather Chow­dhury……...........................Appellant           Vs. The Administrator of Waqfs and others............Respondents Judgment ......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

Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)

....nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ...... Lawyers Involved: A. M. Rashiduzzaman, Advocate instructed by Mr. Kaiseruddin Ahmed, Advocate-on-Record—For the appellant. Zakir Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Criminal appeal No. 40 of 1983. ......J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Mahmudul Haque @ Muhammadul Haque.................………..Appellant Vs. Md. Shamsul Alam…………….....................................nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ..

Category: Labour and Industrial Law | Date: | Hits: 115

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

....;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. ......vs. Nanabhai Chunilal Kabrawala, AIR 1964 SC 11. Lawyers Involved: M. 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 Advoca......n Ali J Messers United Shipping Corpora­tion Limited……….............Appellant              Vs. W. H. Bennett and ors..............................…..Respondents Judgm......;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

Abdul Gafur Khan & others Vs. Government of Bangla­desh & others, 1984, 13 CLC (AD)

.... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ...... Sajjadul Huq, Advo­cate-on-Record (absent)— For the Appellants (In Civil Appeal No. 60 of 1983) A. W. Mallick, Advocate-on-Record—For the Respondents (In Civil Appeal No. 60 of 1983) B. Hossain, Advocate-on-Record—For the Appellants (In Civil Appeal No. 137 of 1983) M. Gholam Rab......nim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Gafur Khan & others……………….....................Appellants Vs. Government of Bangla­desh & others............................Respondents Judgment ...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ..

Category: Property Law | Date: | Hits: 42

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

.... 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. ......awyers Involved: Fazlul Karim, Senior Advocate, instructed by M.S. Zoha Chowdhury, Advocate-on-Record—For the Appellant. Serajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Civil Appeal No. 99 of 1983. ......der Chowdhury J   Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Huque...........................................Appellant Vs. Mrs. Zainab Begum & others .........................Respondent Judgment ...... 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. ......on and sentence is confirmed ……………..(5)  Lawyers Involved: Mainul Hosein, Advocate (Joynul Abedin, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the peti­tioner. Not Represented—For the R......y J  Shahabuddin Ahmed J   Chowdury ATM Masud J Syed Md. Mohsen Ali J Dr. Md. Azizul Haque Khan..................................Petitioner Vs. The State.......................................................Respondent Jud......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)

....mber, 1962. Appellant No. 2 is a resi­dent Director holding 19,000 shares of the company since 1962. Other Directors are (1) Ashraf A. Ganny, a British national hold­ing 11,500 shares, (2) Mohammad Ali Ganny, a British national holding 10,000 shares, (3) Arif Ahmed, a Bangladeshi nationa......ties in ques­tion……………..(13)  Lawyers Involved: T. H. Khan, Senior Advocate (M. A. Wahhab Mian, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the appellants. Asrarul Hossain, Senior Advocate inst......;dhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. Gannysons Ltd. & another......................................Appellants Vs. Sonali Bank & ors.........................................................Respond......s. On 5th July, 1976 appellant No. 2 complied with the request to furnish the copies of their previous letters. Subse­quently, appellants wrote letters on 5.10.76, 16.11.76 and 21.12.76 to the Secretary, Ministry of Commerce. By their Memo. No. SP (Com)-91/76/706 dated 11th January, 1977 the..

Category: Property Law | Date: | Hits: 47

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

.... 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. ......ddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Syed Sakhawat Ali, Advocate-on Record—For the appellant, A.W. Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on-Record —For the respondent. Civil Appeal No. 143 of 1902. (From the J......MA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Asaduzzaman………………...................................Appellant Vs. Bangladesh, represen­ted by the Secretary, Ministry of Public Works & Urban Development...... Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Asaduzzaman………………...................................Appellant Vs. Bangladesh, represen­ted by the Secretary, Ministry of Public Works & Urban Development …….......................Respondent ..

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. ......reme Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Muzaffar Hossain.................................Appellant Vs. King Fishers Indus­tries Ltd. and ors......ent: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Muzaffar Hossain.................................Appellant Vs. King Fishers Indus­tries Ltd. and ors..............Respondents Judgment June 2, 198......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. ..

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

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

....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. ......WN 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, Advocate-on-Record—For the appellants. M. H. Khondker Senior Advocate, (S.C.......FKMA Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Faiz Ahmed Chowdhury & another.............................Appellants Vs. Baktear Ahmed Chowdhury & other.............................Respondents J......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)

....ve judicial decisions as laid down in the case of Jagadish Chandra Surker vs. Abdul Aziz, 7 DLR 314 and Abdullah Bal vs. Adam Ali, 13 DLR SC 13. 2. The premises in question is No. 4. Asad Avenue, Mohammadpur, Dhaka. It consists of several rooms. The appellant has been occupying one such room as ......Appeal is 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 Appellan...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Monzoor Alam......................................... Appellant Vs. Noor Mohammed and ors ................................Respondents Judgment August 24...... 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

Md. Matiur Rah­man Vs. Asgar Ali & ors., 1984, 13 CLC (AD)

....istrate was correct in passing the order of acquittal. In the result therefore this appeal is dis­missed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......sore Vs. Mahabala Seety and another, A.I.R. 1963 Mysore 77; AIR 1942 Sind 52; AIR 1951 Cal 308; AIR 1959 Kerala 10. Lawyers Involved: Abdul Hamid, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Sharifuddin Chaklader, Advocate-on-Re...... FKMA Munim CJ Badrul Haider Chowdhury J   Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Matiur Rah­man.........................Appellant Vs. Asgar Ali & ors……….....................……Respon......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dis­missed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ..

Category: Criminal Law | Date: | Hits: 41

Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)

.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......1; Katragadda China Ramaya Vs. Chiruvolla Venkanraju and ano­ther, AIR 1954, Madras, 864 (Full Bench). Lawyers Involved: Habibur Rahman Khan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. B. N. Chowdhury, Advocate, instructe...... FKMA Munim C J Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Darasatullah and others...............................Appellant Vs. Manik Mondal and others..............................Respondent Judgment ...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ..

Category: Property Law | Date: | Hits: 30

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

....ellip;…(18)  Cases Referred to- M.L. Madina vs. M.L. Jalamoni, 30 DLR 149; Arraiz 16 Asp MLC 451; P.L.M. 8; Kashmir 16 Asp MLC 81. Lawyers Involved: Shah Mohammad Sharif, Advocate instruc­ted by Mvi. Md. Wahidullah, Advocate-on Record—For the ......llant (In all the appeals.) M. S. Zoha Chowdhury, Advocate-on-Record —For the Respondents Nos. 1 & 2 (In all the appeals.) M. Hafizullah, Advocate instructed by Md. Aftab Hossain Advocate-on-Record—For Res­pondent No. 3. Ex-parte—For the Respond...... Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Inland Water Transport Cor­poration…………….........................Appellant Vs. M/s. Seres Shipping Incorporated & ors........................................&he......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. ..

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. ......he appellant to challenge the title of the Plaintiff…………….(11)  Lawyers Involved: Md. Moksudur Rahman, Deputy Attorney-General instructed by B. Hossain, Advocate-on -Record—For the Appellant in all the appeals. B. N. Chowdhury, ...... Ahmed J  Chowdhury ATM Masud J Syed Md. Mohsen Ali J Assistant Custo­dian, Enemy Pro­perty (L & B), Tangail............................Appellant Vs. Bholanath Guha & ors...................................................................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. ..

Category: Property Law | Date: | Hits: 28

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

.... 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. ......f adding the applicant appellant as a party……(7 & 8)  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. Mosi......Chowdhury J  Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Dabiruddin Ahmed @ Lablu.......................................Appellant Vs. Dr. Chittaranjan Deb Nath & others.......................Respondent Judgm...... 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

Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)

....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ...... Lawyers Involved: M.H. Khondker, Senior Advocate instructed by B.C. Panday, Advocate-on-Record—For the Appellant. Ahmad Sobhan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent Nos. 1 (a) to 1(e). Civil Appeal No. ......aider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J   Syed Md. Mohsen Ali J Pulin Behari Barua..................................Appellant Vs. Keramat Ali, being dead his heirs: Siddique Ahmed & others..............Respondent......ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..

Category: Property Law | Date: | Hits: 35

Bangladesh Agricul­tural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)

....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricul­tural Development Corporation................................Appellant Vs. Md. Mannaf Hossain Khan and ors................................................. Respondents Judgment ...... Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricul­tural Development Corporation................................Appellant Vs. Md. Mannaf Hossain Khan and ors................................................. Resp......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..

Category: Employment/Service Law | Date: | Hits: 63