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Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)

....st’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. ......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. ..

Category: Employment/Service Law | Date: | Hits: 97

State Vs. Lalu Miah and another, 1986, 15 CLC (AD)

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

Category: Criminal Law | Date: | Hits: 124

Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)

.... M.H. Rahman J A.T.M. Afzal J Md. Ayub…………………………..……….Appellant Vs. Bangladesh represented by the Secretary, Ministry of Works & others……..Respondent...... Ahmed J M.H. Rahman J A.T.M. Afzal J Md. Ayub…………………………..……….Appellant Vs. Bangladesh represented by the Secretary, Ministry of Works & others…….......ion Ltd., vs. The Industrial Tribunal, Punjab AIR 1957 SC 354; Udit Harain Singh Malpaharia vs. Additional Member Board of Revenue, AIR 1963 SC 786; Zahirul Huq Vs. Ejamul Huq (1982) 34 DLR AD 25; Abdul Khaleque Bains vs. Government of Bangladesh, Civil Appeal No. 21 of 1986. Lawyers Invo...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 31

Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)

....lso in imparting technical education and training in computer science and technology. The company got a clientele of 300 computer systems and its customers include, among others, Banga Bhaban. Bangladesh Biman, Defence Intelligence Directorate, Power Development Board, T & T Board ...... 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. ......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. ..

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)

.... 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………...Respondents ......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. ......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. ..

Category: Civil Law | Date: | Hits: 84

Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)

.... 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…………………………………………………………….Respond......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. ......ant. M. Nurullah, Attorney-General, M.M. Huq, Deputy Attorney-General with him instructed by B. Hossain, Advocate-on-Record—For the Respondents Nos. 1 and 2. T. H. Khan, Senior Advocate, M.R. Wahab Mia, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respo..

Category: Property Law | Date: | Hits: 87

Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)

....pellants is maintainable. 2. Plaintiff-respondent it the Jiban Bima Corporation. It is the Successor of the erstwhile Homeland Insurance Company in that under the President's Order No. 95 of 1972-Bangladesh Insurance Nationalisation Order-the entire undertaking, of the said Company stood trans...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J ATM Afzal J Feroza Majid and another……………….... Appellant Vs. Jiban Biman Corporation......................Respondent Result: The appeal is dismis......�………….... Appellant Vs. Jiban Biman Corporation......................Respondent Result: The appeal is dismissed. Cases Referred to- Balkrishan Das v. Legge, 27 LA. 58; Abdul Nabi Vs. Bajan Sahib and another, AIR 1944 (Mad) 221; Kandaswami v. Vegheesam Pilial AIR 1941 ...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ..

Category: Others | Date: | Hits: 104

Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)

....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. ...... MH Rahman J ATM Afzal J Sree Monoranjan Banik and another……………………………….Petitioners Vs. Sree Nitya Ranjan Karmakar & others………………&......ullah Bhuiyan V. Haji Nurul Alam Chowdhury 35 DLR (AD) 338; Muhammad H. Rouf Vs. Ahamuda Khatun 33 DLR (AD) 323. Lawyers Involved: S.R. Pal, Senior Advocate instructed by Kazi Abdul Hoque, Advocate-on-Record—For the Petitioners. Not represented- The Respondents......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. ..

Category: Property Law | Date: | Hits: 43

Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)

....e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Sree Gopal Chandra Mondal and another.........................Appellants Vs. Lasman Dasi & others……………………......e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ......lip;………………………..Respondents Judgment September 2, 1986. Lawyers Involved: T.H. Khan, Senior Advocate (M.A. Wahab Miah, Advocate) instructed by Kazi Ebadul Huque, Advocate-on-Record—For the Appellants...

Category: Property Law | Date: | Hits: 37

Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)

....nue receipt and not capital receipt." 6. The High Court Division took the view that "by the termination there was a complete stoppage of business so far as the agency of Bangladesh River Steamers Ltd., was concerned." and in this view of the matter, it was held th...... 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)

....adrul 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 Judgme......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 ......; Fazle Munim CJ.-This appeal arises from Pint Miscellaneous Appeal No. 98 of: 1984 decided by a Bench of the High Court Division, Dhaka (Mr. Justice Abdul Matin Khan Chowdhury & Mr. Justice Amin-ur-Rahman Khan) on 22nd August 1984 dismissing t......e Appellants. A KM. Nazrul lslam, Advocate instructed 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 Respon..

Category: Business or Commercial Law | Date: | Hits: 100

Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)

....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. ......d J M.H. Rahman J A.T.M. Afzal J Siraj Miah & another………………………………Appellants Vs. State & another……………………&helli......hat at about 7/8 P.M. on 14th December 1982 when he was applying kerosine oil on his leg for relieving pain the appellants, Siraj Miah and Montu Miah, and (even other accused persons, namely. Abdul Malek, Selim Miah, Hussain, Faruk, Mohammadullah alias Chowdhury, Sayed Ahmed and Rafiqu......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

Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)

....rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......nim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Chunnu Mia………………………Appellant Vs. Monindra Lal Roy & others……Respondents Judgment June 29, ......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 36

Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)

....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......sp; Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Hazera Begum and others………………………Appellants Vs. Roushan Ara Begum and others……………Respondents ......at suit land. 8. As noticed earlier Hedayet Baksha died in 1934 or 1935 leaving behind the plaintiffs. But of 13.1/2 pakhis of land Jobeda Khatun gifted 5 pakhis of land in favour of her son Abdul Qayum on 5.9.35 and Abdul Qayum in his turn mortgaged this land to Alfazuddin Ahmed on 22.10......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 50

Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)

....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ...... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Narendra Nath Basu Roy and another……………………………Appellants Vs. Municipal Committee, Mymensingh................................Respondents Judgment A...... Municipal Committee, Mymensingh................................Respondents Judgment April 2, 1986. Result: The appeal is dismissed. Cases Referred to- 18 DLR 618 (622); Sk. Abdul Latif vs. Malek 38 DLR (AD) 22; Raishaeb Pandit vs. Bombay, Baroda Rly. 39 CWN 552P.C.; D.M.D.......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ..

Category: Property Law | Date: | Hits: 34

Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)

....vocational training and the land under acquisition is necessary for implementation of the plan which is undoubtedly a public purpose…………………….(29) Cases Referred to- Ali Jan Vs. Bangladesh 37 DLR (AD) 161; Khondker Ehteshamuddin @ Iqbal 33 DLR (AD) 154; Federation of Pakistan V......ion (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Nur Muhammad & others.....................Appellants Vs. Moulvi Moinuddin Ahmed & others.........Respondents Judgment February 18, 1986. ......istan Vs. Saeed Ahmed PLD 1974 (S.C) 151 (168); Secretary of States vs. Mask & Co. 44 CWN 70—AIR 1940 PC 105; Mian Mohammed Latif vs. Province of West Pakistan, 221 DLR 98 SC—PLD 1970 SC 180; Abdul Rauf Vs. Abdul Hamid 17 DLR 515 SC at p. 519. Lawyers Involved: S. R. Pal, Senior Advo......r Chowdhury, J. 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: 39 DLR (AD) 1. ..

Category: Property Law | Date: | Hits: 48

Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)

....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......on (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Muslimuddin & others………………………Appellants Vs. The State………………………………….Respondent Judgment Feb 20, 1986. ......tworthy. But the rule of prudence, if not rule of law, requires corroboration of such evidence. ………….(49) Case Referred To- Safdar Ali Vs. Crown, 5 DLR (FC) 107. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record —For the Appe......d it. The Deceased flied a criminal case against the accused persons in the court of S.D.O. Kishoregonj. 4. Mention may be made that the ejahar was lodged not in the Thana but to P.W. 7, Mr. Abdul Wahab Khan, Officer-in Charge, Kuliarchar P.S. District Mymensingh who came to the place of occurren..

Category: Criminal Law | Date: | Hits: 56

Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)

....1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......Appellate Division (Civil) Present: F.K.M.A.Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J Waliullah Munshi…………………………... Appellant Vs. Lodu Mia Patwary & others………………..Respondent Judgment January 19, 1986.......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ..

Category: Property Law | Date: | Hits: 42

Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)

....adrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rah man J A. T. M. Afzal J Maqsood Alam………………………………………….Appellant Vs. The People's Republic of Bangladesh, represented by the Military Estate Officer, Dhaka Cantonment, Ministry of Defense &a......resent: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rah man J A. T. M. Afzal J Maqsood Alam………………………………………….Appellant Vs. The People's Republic of Bangladesh, represented by the Military Estate Officer, Dhaka Ca......n the relevant provisions of Rules and Manual made under the Cantonment Act, such as Rule 10 in Appendix-C of the Military Land Manual and sections 2(XXa) 280 and 281 of the Cantonment Act. 5. Mr. Abdul Wadud Bhuiyan, learned Additional Attorney General, does not dispute the Notification of the G......er is the person is the specifically appointed by the Government to sign and verify a plaint or written statement on behalf of the Government. Lawyers Involved: T.H. Khan, Senior Advocate (M. A. Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record—For the App..

Category: Tenancy Law | Date: | Hits: 108

Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)

....- Bhagwan Singh vs. Ujagar Singh, AIR 1928 PC 20; Chunder Dhutt Misser Vs. Bhagwat Narain Thakur (1898-99) 3 CWN 207; Secretary, Ministry of Industries Vs. Saleh Ahmed(1981) BLD 91 AD; Planters (Bangladesh) Ltd. Vs. Mohaluxmi Book Ltd. (1985) 37 DLR 129 AD; Profulla Choron Requittee vs. Satya C......on (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Srish Chandra Das................................................................... Appellant Vs. Sri Sri Chatteswari Debi Bigraha, represented by Shebaits: Chandra Shekhar Chakraborty &......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..

Category: Criminal Law | Date: | Hits: 88

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