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Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)

....al has recorded such a finding……..(4)  Case Referred to- New Dacca Industries Ltd. Vs. Quamrul Huda and others, 31 DLR (AD) 234. Lawyers Involved: M. Nurullah, Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record-For the appellant. ......al has recorded such a finding……..(4)  Case Referred to- New Dacca Industries Ltd. Vs. Quamrul Huda and others, 31 DLR (AD) 234. Lawyers Involved: M. Nurullah, Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record-For the appellant. ......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......31 DLR (AD) 234. Lawyers Involved: M. Nurullah, Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record-For the appellant. Asrarul Hussain Senior Advocate, Khalilur Rahman, Advocate, instructed by S. M. Hug Advocate-on-Record—for respondent Nos. 1 to 7. ..

Category: Employment/Service Law | Date: | Hits: 92

Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)

....56. Lawyers Involved: S. R. Pal, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Muksum-Ul-Hakim, Senior Advocate, (T.H. Khan, Senior Advocate and M.A. Wahab Miah, Advocates with them) instructed by Sharifuddin Chaklader, Advocate-on-Record- For t......56. Lawyers Involved: S. R. Pal, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Muksum-Ul-Hakim, Senior Advocate, (T.H. Khan, Senior Advocate and M.A. Wahab Miah, Advocates with them) instructed by Sharifuddin Chaklader, Advocate-on-Record- For t...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasona­ble. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasona­ble. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..

Category: Business or Commercial Law | Date: | Hits: 114

Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)

.... a part of his total income and nor it was invested by him, the question of rebate or exemption from tax hardly arises.………….(9)  Lawyers Involved: A.M. Mahmudur Rahman, Advocate instruc­ted by Md. Sajjadul Huq, Advocate-on-Record- For the Appe...... a part of his total income and nor it was invested by him, the question of rebate or exemption from tax hardly arises.………….(9)  Lawyers Involved: A.M. Mahmudur Rahman, Advocate instruc­ted by Md. Sajjadul Huq, Advocate-on-Record- For the Appe......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......s total income and nor it was invested by him, the question of rebate or exemption from tax hardly arises.………….(9)  Lawyers Involved: A.M. Mahmudur Rahman, Advocate instruc­ted by Md. Sajjadul Huq, Advocate-on-Record- For the Appellant. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Abdul Kader & ors. Vs. A. K. Noor Moham­mad & ors., 1984, 13 CLC (AD)

....pe­cial Manager, Court of Wards AIR 1935 PC 53; Munnalal vs. Mst. Kashibai (1916-17) 51 CWN 175; Hafiz Md. Fateh vs.  Sir Swarup Chand (1947) 52 CWN 182. Lawyers Involved: M.H. Khondker, Senior Advocate instructed by Abu Backkar, Advocate-on-Record—For the Appella......pe­cial Manager, Court of Wards AIR 1935 PC 53; Munnalal vs. Mst. Kashibai (1916-17) 51 CWN 175; Hafiz Md. Fateh vs.  Sir Swarup Chand (1947) 52 CWN 182. Lawyers Involved: M.H. Khondker, Senior Advocate instructed by Abu Backkar, Advocate-on-Record—For the Appella......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..

Category: Property Law | Date: | Hits: 36

Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)

....upon taking such fresh evidence as may be neces­sary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......upon taking such fresh evidence as may be neces­sary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......upon taking such fresh evidence as may be neces­sary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......he particular case, it would be plainly inequitable to refuse such a relief, the court will not hesitate to act." 14. These views were reiterated by this Court in Mrs. Nurun Nahar Vs. Mohd. Fazlur Rahman, 1979 BSCR 135. In addition, while referring to the provisions of Order 6, Rule 17 of the Cod..

Category: Property Law | Date: | Hits: 99

Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)

.... case. The respondents are found guilty under section 147 and the order of sentence is modified accordingly……………(9 & 10)  Lawyers Involved: M. Moazzem Hossain, Deputy Attorney-General, instructed by M. R. Khan, Advocate-on- Record—F...... case. The respondents are found guilty under section 147 and the order of sentence is modified accordingly……………(9 & 10)  Lawyers Involved: M. Moazzem Hossain, Deputy Attorney-General, instructed by M. R. Khan, Advocate-on- Record—F......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......llip;…(9 & 10)  Lawyers Involved: M. Moazzem Hossain, Deputy Attorney-General, instructed by M. R. Khan, Advocate-on- Record—For the Appellants. Rafiqur Rahman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record—For the Respondents. ..

Category: Criminal Law | Date: | Hits: 66

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

....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 —For the appellant. A.W. Bhuiyan, Additional A......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 —For the appellant. A.W. Bhuiyan, Additional A......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. ......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

Moulvi Abdulla Wel­fare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)

....eme Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Moulvi Abdulla Wel­fare Trust.............................Appellant ......eme Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Moulvi Abdulla Wel­fare Trust.............................Appellant ......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......sion will be furnished by the appel­lants; (3) The Account of the Trust during the entire tenure of the receiver will be audited by a firm of Chartered Accoun­tants, namely M/s Rahman Huq & Co., 82 Motijheel C.A., Dhaka-2. (4) The Receiver is to submit the a..

Category: Property Law | Date: | Hits: 39

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

....exclusive jurisdiction in such case lay with Labour Court II, Dhaka. In this view of the matter all the proceedings are quashed……..(5)   Lawyers Involved: A. M. Rashiduzzaman, Advocate instructed by Mr. Kaiseruddin Ahmed, Advocate-on-Record—For the a......exclusive jurisdiction in such case lay with Labour Court II, Dhaka. In this view of the matter all the proceedings are quashed……..(5)   Lawyers Involved: A. M. Rashiduzzaman, Advocate instructed by Mr. Kaiseruddin Ahmed, Advocate-on-Record—For the a......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. ......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)

....1948; Mackinnon Mackenzie and Company Pvt. Ltd. vs. Anil Kumar Sen, AIR 1975 Cal 150; Laxmidas Dayabhai Kabrawala vs. Nanabhai Chunilal Kabrawala, AIR 1964 SC 11. Lawyers Involved: M. B. Rahman, Advocate-on-Record—For the appellant. Amirul Islam, Advocate, instruct......1948; Mackinnon Mackenzie and Company Pvt. Ltd. vs. Anil Kumar Sen, AIR 1975 Cal 150; Laxmidas Dayabhai Kabrawala vs. Nanabhai Chunilal Kabrawala, AIR 1964 SC 11. Lawyers Involved: M. B. Rahman, Advocate-on-Record—For the appellant. Amirul Islam, Advocate, instruct......;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. ......ackinnon Mackenzie and Company Pvt. Ltd. vs. Anil Kumar Sen, AIR 1975 Cal 150; Laxmidas Dayabhai Kabrawala vs. Nanabhai Chunilal Kabrawala, AIR 1964 SC 11. Lawyers Involved: M. B. Rahman, Advocate-on-Record—For the appellant. Amirul Islam, Advocate, instructed by M..

Category: Civil Law | Date: | Hits: 95

Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)

....(1964); Commissioner of Income-tax Vs. Krishna Warriar, (1962) 44 ITR 828; Commissioner of Income-tax, Chittagong Vs. Mr. Saifuddin Ahmed, B.L.D. Vol. VIII 100. Lawyers Involved: A.M. Mahmudur Rahman, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the App......(1964); Commissioner of Income-tax Vs. Krishna Warriar, (1962) 44 ITR 828; Commissioner of Income-tax, Chittagong Vs. Mr. Saifuddin Ahmed, B.L.D. Vol. VIII 100. Lawyers Involved: A.M. Mahmudur Rahman, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the App......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......ssioner of Income-tax Vs. Krishna Warriar, (1962) 44 ITR 828; Commissioner of Income-tax, Chittagong Vs. Mr. Saifuddin Ahmed, B.L.D. Vol. VIII 100. Lawyers Involved: A.M. Mahmudur Rahman, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. ..

Category: Fiscal/Taxation Law | Date: | Hits: 117

M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)

....ly pursuing their reme­dies, for the release of the properties 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......ly pursuing their reme­dies, for the release of the properties 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......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......he Secretary, Ministry of Commerce and Foreign Trade, representing the Government of Bangladesh, (4) Bangladesh Consumers Supplies Cor­poration, as Principal Defendants. Abdul Rahman Abdul Majid, appellant No. 2, Dada Abdul Gani and Mohammad Yunus Abdus Sattar were made pro ..

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. ...... 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. ...... 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. ...... 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. ..

Category: Property Law | Date: | Hits: 38

Md. Muzaffar Hossain Vs. King Fishers Indus­tries Ltd. and ors., 1984, 13 CLC (AD)

....te Division shall be dealt with by that Division and the High Court Division, in such a case, has no competence to initiate any action………………………………(13) Lawyers Involved: M. Nurullah, Advocate instructed by Shah Azizur Rahman-II, Advocate-on-Record—For the appellant. ......te Division shall be dealt with by that Division and the High Court Division, in such a case, has no competence to initiate any action………………………………(13) Lawyers Involved: M. Nurullah, Advocate instructed by Shah Azizur Rahman-II, Advocate-on-Record—For the appellant. ......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. ...... and the High Court Division, in such a case, has no competence to initiate any action………………………………(13) Lawyers Involved: M. Nurullah, Advocate instructed by Shah Azizur Rahman-II, Advocate-on-Record—For the appellant. K. S. Nabi, Advocate instructed by Syed Sakha..

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

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. ...... 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. ...... 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. ......iam Vs. Surajmal and others, AIR 1936, Patna 591; 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..

Category: Property Law | Date: | Hits: 30

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

....espect of any damage or loss caused to another vessel shall lie two years after the date of arising of the cause of action…………(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.......espect of any damage or loss caused to another vessel shall lie two years after the date of arising of the cause of action…………(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.......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. ......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. ......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. ......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. ...... section 143 A, there is hardly any ground for the 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 Appella..

Category: Property Law | Date: | Hits: 28

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. ......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. ......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. ......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

Abdus Salam Mas­ter alias Salam and another Vs. The State, 1983, 12 CLC (AD)

...., AIR 1958, SC 97; Vadilal Panchal V. Dattairaya Dulaji, AIR 1960 SC 1113; Pramatha Nath v. Saroj Ranjan, AIR 1962 SC 876. Lawyers Involved: T. H. Khan, Senior Advocate (Jamiruddin Sircar and M.A. Wahab Miah, Advocates with him), instruct­ed by Md. Aftab Hossain, Advocate-on-Record—For th......, AIR 1958, SC 97; Vadilal Panchal V. Dattairaya Dulaji, AIR 1960 SC 1113; Pramatha Nath v. Saroj Ranjan, AIR 1962 SC 876. Lawyers Involved: T. H. Khan, Senior Advocate (Jamiruddin Sircar and M.A. Wahab Miah, Advocates with him), instruct­ed by Md. Aftab Hossain, Advocate-on-Record—For th......find anything to interfere with the order of the High Court Division refusing to quash the proceed­ings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......Lawyers Involved: T. H. Khan, Senior Advocate (Jamiruddin Sircar and M.A. Wahab Miah, Advocates with him), instruct­ed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. Moksudur Rahman, Deputy Attorney-General, B. Hossain, Assistant Attorney-General, instructed by Shahabuddin A..

Category: Criminal Law | Date: | Hits: 79

Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)

....I.R. 1960, SC 115; Coghlan Vs. Camberland, (1898), 1 Ch. 704; Arju Perhad Vs. Jwaleshawari Pratap Narain Singh, A.I.R. 1951 (SC) 120. Lawyers Involved: T. H. Khan, Senior Advocate (M. A. Wahhab, Advocate with him) instructed by Sharifuddin Chakladar, Advocate-on-Record—For ......I.R. 1960, SC 115; Coghlan Vs. Camberland, (1898), 1 Ch. 704; Arju Perhad Vs. Jwaleshawari Pratap Narain Singh, A.I.R. 1951 (SC) 120. Lawyers Involved: T. H. Khan, Senior Advocate (M. A. Wahhab, Advocate with him) instructed by Sharifuddin Chakladar, Advocate-on-Record—For ......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......20. Lawyers Involved: T. H. Khan, Senior Advocate (M. A. Wahhab, Advocate with him) instructed by Sharifuddin Chakladar, Advocate-on-Record—For the Appellant. Moksudor Rahman, Deputy Attorney General instructed by A. W. Mallik, Advocate-on-Record —For the Respo..

Category: Property Law | Date: | Hits: 30