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Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)

....he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9.  Accordingly, the leave petition is dismissed. Ed ......Court Appellate Division (Civil) Present : Md. Ruhul Amin J M.M. Ruhul Amin J Abdul Majid Molla.......................................Petitioner Vs. Biswajit Chandra (minor) & others……….........Respondents. ......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9.  Accordingly, the leave petition is dismissed. Ed ......titioner Vs. Biswajit Chandra (minor) & others……….........Respondents. Judgment 11 February 2004 Lawyers Involved: A. J. Mohammad Ali, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner  ..

Category: Property Law | Date: | Hits: 51

Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)

....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed........ Ruhul Amin J Md. Tafazzul Islam J Government of the People’s Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and other.................................Appellants. Vs. Abdur Rahman and others...........................................Respondents. Judgment ......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......bitration Appellate Tribunal for disposal afresh. The Appeal is dismissed…………(11 & 12) Lawyers Involved: Mvi. Md. Wahidullah, Advocate-on-record- For the Appellants. Md. Nawab Ali, Advocate-on-record- For Respondent No. 1. Not represented-For Respondent Nos. 2 & 3. ..

Category: Property Law | Date: | Hits: 58

Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)

....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ...... (Civil) Present: Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Government of Bangladesh and others .....................Appellants Vs. A.K.M. Fazlul Haque...............................................Respondent Judgm......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ...... has waived the power to act accordingly and a Court of  law can reasonably and validly make an inference of waiver. 21. This view find supports indirectly in the case of Mustafa Ijjat Ali Chowdhury vs. Government of Bangladesh reported in 1982 BLD 101 that (he reinstatement in the ..

Category: Administrative Law | Date: | Hits: 124

Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)

....p; Present:  Syed JR Mudassir Husain CJ  Mohammad Fazlul Karim J   Amirul Kabir Chowdhury J   Md. Anarul Islam and others................. Appellant Vs. The State and another…………………….........Respondents. Judgment   November 23, 2......riminal)  Present:  Syed JR Mudassir Husain CJ  Mohammad Fazlul Karim J   Amirul Kabir Chowdhury J   Md. Anarul Islam and others................. Appellant Vs. The State and another…………………….........Respondents. Judgment   No......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......uddin Ahmed and another 4 BLD (1984) AD 97;  Md. Yameen and another Vs. K.A. Bashar and others 6 BLD (1986) AD 305. Lawyers Involved:  Mansur Habib, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants.     Ex parte- For the Respondents.  ..

Category: Criminal Law | Date: | Hits: 50

A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)

....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......uhul Amin J Mohammad Fazlul Karim J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J A. R. A. Jute Mills Limited….......Petitioner Vs. Janata Bank and others........ Respondents Judgment 5 January, 2006 ......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......t 5 January, 2006 Case Referred To- Idris Miah vs. Bangladesh and others 10 BLC (2005) HCD 728. Lawyers Involved: Saiful Reza, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner  Shamim Khaled Ahmed, Advocate, instructe..

Category: Banking Law | Date: | Hits: 121

Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)

....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......(AD) 59. ......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......s. Ladulal Jain AIR 1963 SC, 1681. M/s. Anwar and Brothers vs. Bangladesh Shipping Corporation (1995) 15 BLD (HCD) 447. Lawyers Involved: Abdus Samad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Appellant N. I. Bhuiyan, Advocate-on-record- For Respondent Nos...

Category: Civil Law | Date: | Hits: 130

Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)

....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......Badrul Haider Chowdhury J Shahabuddin Ahmed J Commissioner of In­come Tax, Dacca Zone, Dacca ……………………..Appellant. Vs. M/S. Badridas Full-chand, Saidpur, Rangpur... ……………&h......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 76

Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)

.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......eme Court Appellate Division (Civil) Present: Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Amar Chandra Saha........Appellant. Vs. Ajit Kumar Das.........Respondents Judgment June 10, 1976. Lawyers...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......in J Fazle Munim J Amar Chandra Saha........Appellant. Vs. Ajit Kumar Das.........Respondents Judgment June 10, 1976. Lawyers Involved: T. Ali, Advocate, Instructed by Abdur Rab-II, Advocate-on-Record—For the Appellant M. H. ..

Category: Property Law | Date: | Hits: 44

Jamal Soap Factory, Narayanganj Vs. Commissioner of In­come Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)

....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......ppellate Division (Civil) Present: FKMA Munim J Ruhul Islam J Shahabuddin Ahmed J Jamal Soap Factory, Narayanganj……………………………....................Appellant. Vs. Commissioner of In­come-Tax, Dacca Zone, Dacca..................Respondent Judgment. J......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ............Appellant. Vs. Commissioner of In­come-Tax, Dacca Zone, Dacca..................Respondent Judgment. July 10, 1980. Result: The appeal is allowed. Lawyers Involved: C.R. Ali, Advocate, ins­tructed by Abu Backkar, Advocate-on-Record—For the Appellant. Hubibul Islam..

Category: Fiscal/Taxation Law | Date: | Hits: 78

People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)

.... before the trial Court or the learned Judge, was necessary and whether the learned Judge was correct in holding that the suit challenging acquisition of property under any of the provisions of the State Acquisition and Tenancy Act could be main­tained if the preparation of the compensation ......Bangladesh repre­sented by the Deputy Commissioner, Sylhet and others ..........Appellants.                 Vs. Sri Sri Madan Gopal Jew Bigraha and ors. ...........Respondents. Judgment ...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 44

Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)

....is is a question of fact and hardly arises in this appeal by spe­cial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ...... 1. ......is is a question of fact and hardly arises in this appeal by spe­cial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......wati vs. Kunwar Digbijoi Singh 26 C.W.N. 490 (P.C.); Bank of Khulna vs. Joti Prokash Milra 45 C.W.N. 25; Chinta Dasya vs. Bhaluka Das, 51 C.L.J-465, 59 C. W. N. 147; Tacoor Deen Tewary vs. Nawab Syed Ali Hossain Khan I LA, 192; Walid Khan vs. Raja Ewaz Ali Khan I8 I.A 44; Mirza Sajjad Hussain vs. Na..

Category: Property Law | Date: | Hits: 53

Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)

.... Appellate Division (Criminal) Present: Kemaluddin Hossain, C J. Ruhul Islam, J., Badrul Haider Chowdhury, J. Abdul Jabbar Khan @ Jabbar Khan & ors ……..Appellants. Vs. State and another.......................................... Respondents Judgment January 24, ......Court Appellate Division (Criminal) Present: Kemaluddin Hossain, C J. Ruhul Islam, J., Badrul Haider Chowdhury, J. Abdul Jabbar Khan @ Jabbar Khan & ors ……..Appellants. Vs. State and another.......................................... Respondents Judgment Janua......oned in the original com­plaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......erials on record to enable him to decide whether to take cognizance in the matter ag­ainst the non-charge sheeted present appellants. Leave was granted to consider the afore­said question Mr. Meser Ali, the learned Counsel appearing for the appellants argued that the High Court Division had passed..

Category: Criminal Law | Date: | Hits: 60

Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)

....habuddin Ahmed J Bangladesh………………………… Appellant in all the appeals Vs. Hail Abdul Gani Biswas and others..................Respondents Judgment March 9, 1980. The State Acquisition and Tenancy Act, 1950 (Act XXVII of 1951), sections 95, 95(A) The Constitution ......ent: Kemaluddin Hussain CJ F. K. M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh………………………… Appellant in all the appeals Vs. Hail Abdul Gani Biswas and others..................Respondents Judgment March 9, 1980. ......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......with possession given to the mortgagee, namely, mortgage by conditional sale when the mort­gagee had entered into possession was not covered by sub-section (1)(a), and (5) (Badsha Mia Vs. Mobarrak Ali, 50 C.W.N. 578). Thereafter by amending Act XVIII of 1940 obviously for nullifying those dec..

Category: Property Law | Date: | Hits: 85

Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)

.... Badrul Haider Chowdhury J Belayet Hossain and another.................. Appellants. Vs. Md. Abu Taher and others................... Respondents. Judgment January 16, 1980. The State Acquisition and Tenancy Act, 1950 (Act XXVII of 1951) section 96 The Code of Civil Procedur...... Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Belayet Hossain and another.................. Appellants. Vs. Md. Abu Taher and others................... Respondents. Judgment January 16, 1980. ......side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......t and so applicable to the section as well. Of the current of decisions three are reported which have been cited at the Bar. 3. The first decision is by Akram C. J. in the case of Haji Md. Jayan Ali vs. Raju Pramanik 53 C.W.N. (1DR) 61. It was held that no appeal lies under the Civil proce­dur..

Category: Property Law | Date: | Hits: 55

Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)

....ourt Appellate Division (Criminal) Present: Kemaluddin Hossain, C.J Ruhul Islam J., Badrul Haider Chowdhury, J. Wahid Ali and ors........................ Appellants. Vs State…………………………………Respondent Judgment January 29, 1980. The Spec......detained for tak­ing cognizance under Special Powers Act". 3. After hearing the learned Counsel on both sides we find that this case is fully cov­ered by our decision in the case of Seraj Mia Vs. Bangladesh (C. A. 107 of 1977) decided on April 25, 1978. In the Seraj Mia's case it has been he......e the orders of the High Court and that of the Sessions Judge and direct that the procee­dings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......Case is also Reported in: 32 DLR (AD) (1980) 229 ..

Category: Criminal Law | Date: | Hits: 33

M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)

....s stipulations that the authority reserves the right to reject any bid without assigning any reason and is not bound to ac­cept the lowest bid…………..(10) Cases Referred to- Ramphal Vs. State of Bihar, AIR 1954 (Pat.) 235; K. N. Guruswami Vs. State of Mysore, PLD 1956 (S.C.—India), 5......Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J M/s. Hossain Ahmed represented by its pro­prietor Hossain Ah­med…… ...Appellant Vs. M/s. H. D Hossain & Brothers represented by its proprietor Md. Delwar Hossain and others. …...... all­owed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ...... all­owed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..

Category: Others | Date: | Hits: 94

Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)

....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ...... (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sayed Ali........................................................Appellant. Vs. Sree Gopal Chandra Das and others…….....Respondents Judgment March 11, 1980. Th......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......: 32 DLR (AD) (1980) 212. ..

Category: Procedural Law | Date: | Hits: 96

Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)

....eme Court Appellate Division (Criminal) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Abu Taleb Mridha... Appellant. Vs. State...Respondent Judgment February 14, 1980. The Bangladesh Scheduled Offence (S.T) Order......09 ......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dis­missed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dis­missed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ..

Category: Criminal Law | Date: | Hits: 57

Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Esta­blishment Div & ors, 1980, 9 CLC (AD)

....ion interpreting Article 7 of the President's Order No. 67 of 1972 and Rule 7 of the Rules framed there­under. In the facts of this case the decision of the Supreme Court of India in the case of the State of Madras vs. A.R. Sreenivasam A.I.R, 1966 (S.C.) 1827 relied upon by the learned Counsel, has......e Court Appellate Division (Civil) Present: Kemaluddin Hossain, C. J., Ruhul Islam, J. Badrul Haider Chowdhury, J. Abdur Rashid...... ………………………..Appellant. Vs. Secretary, Ministry of Cabinet Affairs, Esta­blishment Division & ors...........Respondents ......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ...... be urged…………(8) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Su­preme Court, (K. Z. Alam and Zamiruddin Ahmed, Advocates, Supreme Court, with him) instructed by Syed Sakhawat Ali, Advocate-on- Record—For the Appellant. Abdus Sobhan, Additional Attorney Gene­ral, Matiur..

Category: Employment/Service Law | Date: | Hits: 70

Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)

.... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ...... Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM. Subhan, J Badrul Haider Chow­dhury J Afzal Khan ………………………….Appellant. Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other .......Respondents Judgment ...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ......l Huq, Advocate, instructed by Md. Shafiqur Rahman, Advocate-on Record-For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate with Zamiruddin Ahmed, K Z Alam, Advocate, instructed by Syed Sakhawat Ali, Advocate-on Record—For the Respondent No. 2. Civil Appeal No. 88 of 1979. (From the ju..

Category: Election Law | Date: | Hits: 136