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M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....: Munim CJ .- This appeal arises from First Appeal No.79 of 1980 decided by a Bench of the High Court Division, Chittagong (Mr. Justice Fazle Hussain Mohammed Habibur Rahman and Mr. Justice Syed Mohammad Ali) on 18th July, 1984. 2. Respondent-plaintiff instituted O.S. No. 8 of 1975 in the Fi....... Rahimanbai, (1904) 28 DLR Bom 440, Jugal Kishore Narain Singh V. Charoo Chandra Sur, AIR 1939 PC 159, Abul Layes V. Mst. Anwara Khatun, (1977) 29 DLR 13 SC and M/S. A. Hoque and Co. V. Al-Haj Zakir Hossain, 1984 BLD 298 AD., Ramzan Ali Mistry V. Md. Hadayetullah, (1979) 31 DLR 183 AD, Profulla Kum......l) Present: F K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J M/s Binning & Co.(Bangladesh) Ltd………………….Appellant Vs. M/s Nasirabad Properties Ltd…………………………..Respondent Judgment Februa......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......urt allowing the defendants to adduce additional evidence and the plaintiff to confront the same. Lawyers Involved: M.Nurullanh, Attorney-General (A.F.Hassan Arif, Deputy Attorney General and B. Hossain, Assistant Attorney-General with him) instructed by M. R. Khan, Advocate-on-Record (absent)-......ellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M.Afzal J Bangladesh and others ..................Appellants (In both appeals) Vs. Dhaka Lodge Welfare Society...........Respondent (In both appeals) Judgment June 22nd ......therwise the appellants will be greatly prejudiced". Exhibits A and A1 are the correspondence between the Government and the Treasurer of Dhaka Lodge and Ext. A1 is a correspondence between the Grand Secretary, United Grand Lodge of England and (he Treasurer of Dhaka Lodge. Exhibit-B is the letter f..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......he offence committed by the accused. …………………..(7) Lawyers Involved: Jamiruddin Sircar, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Rccord.- For the appellant B. Hossain, Assistant Attorney- General, instructed by M. R. Khan, Advocate-on-Rccord. (absent)- For th...... Supreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Abdul Majid Sarkar ...............Appellant Vs. The State………………………….Respondent Judgment June 17, 1987 The Penal ......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ..Category: Criminal Law | Date: | Hits: 52
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......d another Vs. Afzal Mia and others 9 DLR 258, Jainullah and another Vs. Ami Mia and others 15 DLR 77, Jeo Narayan Matho vs. Budhan Matho and others AIR 1941 Pat 247. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on- Record- For the Appella...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mir Abdul Ali.......................................... Appellant Vs. Md. Rafiqul Islam…………………………………………Respondent Judgment J......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....urther alleged that five other persons of the locality, such as Abdul Malek, son of Ershad Ali, Ansar Khamar, son of Osman Khamar, Hanif Biswas son of Mozamel Huq Biswas, Ibrahim son of Jabed Ali and Mohammad Ali Biswas son of Mosahuq Biswas were abducted in the same way by the accused persons at ab.......(11) Cases Referred to- Farruk Ahmed vs. Abdul Kader 38 DLR (AD) 18, Abdus Salam Master 36 DLR (AD) 58, Moslem Sharif vs. State, Criminal Appeal No. 2 of 1985. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, (S. S. Halder, Senior Advocate with him) instructed by Ranesh Chandra Mait......ppellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Shamsuddin alias Lambu and ors………………Appellants Vs. The State and others ..................................Respondents Judgment July 5th 1......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......7 DLR (AD) 117, R.D. Shetty vs. International Airport Authority, AIR 1979 (SC) 1628.
Lawyers Involved:
Rafiqul Huq, Senior Advocate, (M. Fazlul Haque, Advocate with him) instructed by Md. Aftab Hossain, Advocate on Record. - For the Appellant.
S.R.Pal, Senior Advocate, (Roushan Ali Advocate...... vessel, as his offer was not accepted by the Corporation which reserved full power to reject any offer, and no agreement was concluded with him…(12 & 16)
Cases Referred to-
M/s. H. Ahmed Vs. M/s. H. D. H. Bros, 32 DLR (AD) 223 and Ummu kawsar Salsabil vs. Shama Corp., 1985 BLD, 263 =37 ...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......t Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Rep......ate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Ba..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....Bangladesh Jute Mills Corporation, 36 DLR(AD) 282, Mosharraf Hossain Chowdhury v. General Manger, Titas Gas Transmission & Distribution Co. Ltd. 1981 BLD (AD) 61, M/s. Eastern Mercantile Bank Ltd. v. Mohammad Shamsuddin, 21 DLR (SC) 365. Lawyers Involved: Asrarul Hossain, Senior Advocate,(Syed......, the suit is not maintainable. Cases Referred to- Jogesh Chandra Datta v. Government of Bangladesh. 30 DLR 219, New Dhaka Industries Ltd.Vs. Quamrul Huda and others, 31 DLR(AD) 234 and Motaher Hossain Khan v. Bangladesh Jute Mills Corporation, 36 DLR(AD) 282, Mosharraf Hossain Chowdhury v. Ge......) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Senior Manager, M/s. Dosta Textile Mills Ltd., Ranirhat, Feni and others. .......Appellants Vs. Sudhansu Bikash Nath ...............................Respondent Judgement Aug. 3 1987. ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ...... under section 302/109 and 148 Penal Code…………(15 & 16) Lawyers Involved: Shaukat Ali, Senior Advocate instructed by A. Baset Majumder, Advocate-on-Record.- For the Appellant. B. Hossain, Assistant Attorney-General, instructed by Zinnur Ahmed, Advocate-on-record.-For the Respond...... (1988) 38. ......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......or Advocate, B.B. Roy Chowdhury, Senior Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Respondents 1 & 3. A.Y.Salehuzzaman, Deputy Attorney-General instructed by B. Hossain, Advocate-on- Record -For the Respondents 2 & 4. Civil Appeal No. 117 of 1983. (F......Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Rahima Akhter and others..............................................Appellants Vs. Asim Kumar Bose and others ........................................Respondents Judgment ......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....Case is also Reported in: 40 DLR (AD) (1988) 20 ......rted in: 40 DLR (AD) (1988) 20 ...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M Afzal J Mohammad Mobarak Hossain and others ............Appellants Vs. Mohammad Mustafa Hossain and others ...................Respondents Judgement April 8,......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....he law provides that a person having any pecuniary interest in the affairs of the Parishad is debarred from seeking election or from acting as Chairman. Cases Referred to- Dr. Kamal Hossain v. Mohammad Sirajul Islam, 21 DLR (SC) 23, Darley v. The Queen, 12 Cl & F. 537, King v. Spyer and T......0 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ...... Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Mostafa Hossain ............................Appellant Vs. Sikder Md. Faruque and another........... Respondents Judgment June 29, 1987. Result....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......n 302/34 altering the same under section 307/34 on appeal by the High Court Division is altered with conviction under section 304 part 1 of the Penal Code…….(8 & 9) Lawyers Involved: B. Hossain, Advocate-on-Record - For the Appellant. Rafiqur Rahman, Senior Advocate, Instructe......me Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The State....................................Appellant Vs. Tayeb Ali and others…………………...Respondents Judgment March 31, 1987. R......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....an Ali Mistry's case, 31 DLR(AD) 183, M/s. Binning & Co. Vs. M/s. Nasirabad Properties Ltd. 1986 BLD (AD) 354. Lawyers Involved: M.H. Khondkar, Senior Advocate, (Azizur Rahman Chowdhury and AJ. Mohammad Ali, Advocates with him) instructed by Mia A. Gafur, Advocate -on-Record-For the Appellant ......s also Reported in: 40 DLR (AD) (1988) 1......me Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Golam Hossain .........................Appellant Vs. Mst. Asia Khatun Chowdhury..........Respondent Judgment March 29, 1987. The Premises......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....hmed J M.H. Rahman J A.T. M. Afzal J Moulana Mokhtar Ahmed……………………………Appellant Vs. Mohammadul Huq Usmani & others………………Respondents ......llip;…Respondents Judgment March 19, 1987. Lawyers Involved: T. H. Khan, Senior Advocate, (Abu Taher Chowdhury, Advocate, with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate, (M......habuddin Ahmed J M.H. Rahman J A.T. M. Afzal J Moulana Mokhtar Ahmed……………………………Appellant Vs. Mohammadul Huq Usmani & others………………Respond......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......(AD) 216. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellant. Abdul Hamid, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent No. 1. Ex-parte—Respondent No. 2. ...... Md. Naimuddin Sardar……………………………………………………Appellant Vs. Md. Abdul Kalam Biswas @ Md. Abul Kalam Basiruddin @ Abul Kalam Azad & another&helli...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......ant Custodian and without any enquiry this property was treated as enemy property. Gani Patwary held the enquiry and submitted his report and the report is dated 6.7.74. Gani Patwary is dead Jahangir Hossain D.W.1 Tahsildar stated that "the Govt. took possession as per the report of Gani Patwary.”......sion (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents ......H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......Ali vs. Joynal Abedin, 35 DLR (AD) 216. Sk. Abdul Latif and another vs. Abdul Malek Kazi, 38 DLR (AD) 22. Nafar Chandra Pal vs. Sukur Sk., AIR 1918 (PC) 92. Lawyers Involved: B. Hossain, Advocate-on-Record—For the Appellants. S. S, Halder, Senior Advocate, instr......handra Sil & anr…………………………………………………….Appellants Vs. Harimohan Das & ors……………………&h......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......rs…………Respondents Judgment June 10, 1987. Lawyers Involved: Syed Sakhawat Ali, Advocate-on-Record— For the Appellant. Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Abdul Malek, Senior Advocate&m......Ahmed J M. H Rahman J A. T. M Afzal J Kalitara Biswas………………………………….Appellant. Vs. Mrinal Kanti Biswas and others…………Respondents Judgment......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......4 Bombay 259); Messrs. Kohinoor Mercantile Corporation vs. Hazera Khatun and another (14 DLR 47); 14 DLR 47= PLD 1963 Dhaka 238; AIR 1955 All, 353; (1941) 2 K.B. 89. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For the Appellant. ......late Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sonali Bank, Local Office, Dhaka ………………….Appellant Vs. Gazi Abdur Rashid & others.……………………………………Respondents Jud......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
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