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Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....ling of the pre-emption case. It was claimed that appellant No. 1 filed Miscellaneous Case No. 701 of 1975-76 before the C.O. Revenue for the separation of her plot No. 404 under section 117 of the State Acquisition and Tenancy Act. On 22nd July 1976 order for separation was passed. Further, resp......J Mst. Maleka Khatun & anr……………………………………………….Appellants Vs. Abid Ali & others.……………………&he......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......leka Khatun & anr……………………………………………….Appellants Vs. Abid Ali & others.…………………………&he..Category: Property Law | Date: | Hits: 48
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. ......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. ......ry and another, 33 I.A. 60; Gopal Das vs. Sri Thakurji, AIR 1943 (PC) 83 (86); Reg vs. Hodges (1838); 28 DLR (1976) 437; AIR 1928 (Cab 705; Mohd. Cherag vs. Dullay Khan PLD 1954 (Dhaka) 134; Ihtesham Ali vs. Jamna Prasad and others 48 I.A 365= AIR 1928 (P.C) 56; 32 DLR (AD) 29. Lawyers Involved:..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. ......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. ......hellip;………………Respondents Judgment March 31, 1987. Cases Referred to- Altafur Rahman vs. Tamijur Rahman, 30 DLR (SC) 236. Erfan Ali vs. Joynal Abedin, 35 DLR (AD) 216. Sk. Abdul Latif and another vs. Abdul Malek Kazi, 38 D..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. ......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. ......;….Appellant. Vs. Mrinal Kanti Biswas and others…………Respondents Judgment June 10, 1987. Lawyers Involved: Syed Sakhawat Ali, Advocate-on-Record— For the Appellant. Md. Aftab Hossain, Advocate-on-Record&mda..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....…………………………Respondents Judgment April 5, 1987. Result: The appeal is dismissed. Cases Referred to- Municipal Council, Palai vs. T. J. Joseph, AIR 1963 SC 1561; State of Punjab vs. Sukdev Sarup Gupta, AIR 1970 SC 1641; Emperor v. Rayangouda Lingangouda Patil ......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: ...... 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. Miah Abdul Gafur, Advocate-on-Record-For the Respon..Category: Procedural Law | Date: | Hits: 124
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......o;s Republic of Bangladesh, represented by the Deputy Commissioner, Pabna…………………………………Appellant Vs. Md. Kobad Ali and others…. ………………&helli......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......adesh, represented by the Deputy Commissioner, Pabna…………………………………Appellant Vs. Md. Kobad Ali and others…. ………………………Resp..Category: Procedural Law | Date: | Hits: 102
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......ed J M. H. Rahman J A.T. M. Afzal J. Amin Scales Limited and another……………………..Appellants (In both the appeals) Vs. Md. Yakub………………………&hellip......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... Shahabuddin Ahmed J M. H Rahman J A .T. M. Afzal J Nausher Ali Sarder & others………………….Appellants Vs. The State……………………………&hellip......y;dhury J Shahabuddin Ahmed J M. H Rahman J A .T. M. Afzal J Nausher Ali Sarder & others………………….Appellants Vs. The State………………………&hellip...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ...... Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H Rahman J A .T. M. Afzal J Nausher Ali Sarder & others………………….Appellants Vs..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.....” See sections 16 and 17 of the Land Acquisition Act 1894. Here the legislature had made it clear that the vesting of property is not for any limited period or limited duration. In the State Acquisition and Tenancy Act all land vested in the Government after the abolition of ren......todian, Vested and Non-Resident Property, Chittagong and others .............................Respondents Judgment September 24, 1986 Cases Referred to- Rahima Aktar Vs. Asim Kumar Bose 1985 BLD (AD) 155; Watson v. Winch, 1 K. B. (1916) 688; Surtees v. Ellison (18...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......; Fazle Munim CJ.- This appeal arises from First Appeal No. 28 of 1970 decided by a Bench of the High Court Division, Chittagong (Mohammad Habibur Rahman and Syed Mohammad Ali, JJ.) on 4th March 1984. Facts are: One Umesh Chandra Chowdhury, predecessor-in-int..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....me Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J The State……………………………....App...... Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J The State……………………………....Appellant Vs. Fazal and others………………....Respondents J......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......sion (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Bangladesh Biman Corporation..........Appellant Vs. Syed Aftab Ali and others……………….......Respondent Judgment May 14 1986. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ...... Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Bangladesh Biman Corporation..........Appellant Vs. Syed Aftab Ali and others……………….......Respondent Judgment May 14 1986. Cases Referred to-..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....1987) 117; 1987 BLD (AD) 212. ...... Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. R......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ...... the conviction and sentence of both the appellants and acquitted them of the charges under section 302, 201 and 202 B.P.C. 2. The prosecution case was that on 30th April, 1976 deceased Ashraf Ali married Hafsa Khatun, P.W. 3. She was the widow of Ashab Uddin Master. After the death of Ashabu..Category: Criminal Law | Date: | Hits: 124
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....as however refused though two Films (motion pictures) got the same name, 'Virginia'. The ground for refusal was that there were two producers in two countries, one in India and the other in United States of America; the Indian film was in Urdu with Indian cast in black end white, depicting an im...... Present: Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Shafquat Haider & others………………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......eneral Cleaners Ltd. RPC Vol. 62-63 p. 39; K.M. Multani v. Paramount Talkies, AJR 1942 Bom. 119. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellants. Asrarul Hossain, Senior Advocate instruct..Category: Intellectual Property Law | Date: | Hits: 239
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ......ry J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal. J M/S. Zaman and Co. represented by its Proprietor N. Zaman…………....Appellant Vs. Bangladesh Sugar and Food Industries Corporation and ors………...Respo......cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ...... 1985 BLD 337; Kalu Vs. Sowaria 27 1C 703. Lawyers Involved: Miah A. Gafur, Advocate-on-Record.—For the Appellant. Khalilur Rahman, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record.—For respondent Nos. 1 and 3. Ex-parte.—Respondent Nos. ..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....……………………….Respondent Judgment September 23, 1986. Cases Referred to- Divisional Forest Officer Vs. Bishwanath Tea Co. Ltd. AIR 1981 (SC) 1368; Radha Krishna Agarwal Vs. State of Bihar AIR 1977 (SC) 1496; Bihar Eastern Gangetic Fishermen Co-operative Society Ltd. Vs Sip......vil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sharping Matshajibi Samabaya Samity Ltd.....................Appellant Vs. Bangladesh & others…………………………………………………………….......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......্গে”. "The proceeding was initiated whereupon without applying mind the impugned order was passed. 37. The learned Attorney General pointed out that the lease was not granted to Momtaz Ali, but it was given to a third party. True, but that does not after the character of the submissio..Category: Property Law | Date: | Hits: 87
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....gs. The learned Single Judge also relied on Md. Jabed Ali and others v. Rakhal Chandra Mondal and others, 33 DLR (AD) 309 wherein this court held that ''when a valid order under section 117 of the State Acquisition and Tenancy Act is on record, and the order has been given effect to, the Civil C...... MH Rahman J ATM Afzal J Sree Monoranjan Banik and another……………………………….Petitioners Vs. Sree Nitya Ranjan Karmakar & others………………&......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......others………………………………Respondent Judgment September 22, 1986. Cases Referred To- Md. Jabed Ali and others v. Rakhal Chandra Mondal and others, 33 DLR (AD) 309; Khairullah Bhuiyan v. Haji Nur..Category: Property Law | Date: | Hits: 43
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....mination of the agency business of the assessee. In that case the assessee was appointed as sole selling agent and sole distributors for the cigarettes manufactured by the company in Hyderabad State. That was the agreement in 1913. In 1939 the assessee was given discount for goods sold outsi...... Vs M/S. Macneil & Kilburn Ltd., Adamjee Court, Dhaka....................Respondent Judgment August 3, 1986. Cases Referred To- AIR 1932 (PC) 138: C.I.T Vs. K Rahman & Co. Ltd 1980 B.T.D. 242: C.I.T. vs. Vizir Sultan & Son 36.I.T.R. Goderaj Co ...... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ...... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......J Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Present: Dira Dockyard and Engineers Ltd. and others.... Appellants Vs. Bangladesh Shilpa Rin Sangstha & others…………Respondent ......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......by Sharifuddin Chaklader, Advocate on-Record- For the Respondent No. 1. T.H. Khan Senior Advocate, (Khan Saifur Rahman and M. A. Wahab Miah, Advocates with him), instructed by Syed Sakhawat Ali, Advocate on Record-For the Respondent Nos. 2-6. Civil Appeal No. 37 of 1985. ..Category: Business or Commercial Law | Date: | Hits: 100
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
.... M.H. Rahman J A.T.M. Afzal J Siraj Miah & another………………………………Appellants Vs. State & another…………………………&......d J M.H. Rahman J A.T.M. Afzal J Siraj Miah & another………………………………Appellants Vs. State & another……………………&helli......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ...... M. H. Rahman J A.T.M. Afzal J Sufia Khanam Chowdhury………………………….Appellant (in both the cases) Vs. Faizun Nesa Chowdhury...........................Respondent (in both the cases) ......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......; Kanchanmala Bepari (1954) 6 DLR 254; Mono Mohini Devi (1969) 21 DLR 626. Lawyers Involved: M H Khondkar, Senior Advocate (B. K. Das, Advocate, with him), instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellant (In both the cases). Ex-parte—Responden..Category: Property Law | Date: | Hits: 86
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