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Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....Division (Civil) Present: AM Sayem CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun Nessa Bibi and others. ...Respondents......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......Venkata Reddy (A.I.R. 1915 Madras 1222; Dharani Dhar Ghose Vs. Phanibhusan Mukherjee 50 C.W.N. 837. Lawyers Involved: Golam Rabbani, Advocate, instructed by Md. Behter Ali, Advocate-on-Record—For Appellant. T. W. Chowdhury, Advocate, instructed by A. ......p; Present: AM Sayem CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun Nessa Bibi and others. ...Respondents Judgment July 3, 1975..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
..... 375; Abdul Majid Vs. Khalil 12 D.L.R. (S.C.) 132. Lawyers Involved: S.R. Pal, Senior Advocate, with S.C. Das, Advocate, instructed by A. W. Mian, Advocate-on-Record—For the Appellant. Md. Nurul Advocate-on-Record—For the Respondent. Civil Appeal No. 100-D of 1968. (From t......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......Supreme Court Appellate Division (Civil) Present: Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Khondkar Mohiuddin…………...Appellant. Vs. Syed Moin Ahmed…………....Respondent Judgment August 13, 1976. Cases referr..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....on (Civil) Present: Ahsanuddin Choudhury J Kemaluddin Hossain J D.C. Bhattacharya J Mozaffar Ahmed………...Appellant. Vs. Md. Osman and anr.........Respondents. Judgment &n...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ...... Vs. Md. Osman and anr.........Respondents. Judgment December 4, 1975. Cases Referred to: Ayub Ali Vs. Amir Khan 43 C.W.N, 118; Yunus Mia Chowdhury Vs. Firoz Ahmed Choudhury (1952) 4 DLR 604&md......late Division (Civil) Present: Ahsanuddin Choudhury J Kemaluddin Hossain J D.C. Bhattacharya J Mozaffar Ahmed………...Appellant. Vs. Md. Osman and anr.........Respondents. Judgment &nb..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......ion (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hosain J Debash Chandra Bhattacharya J Azizur Rahman and another………….Appellants Vs. Sree Kailash Chand Burmecha and others………..Respondents Judgment August 26, 197..Category: Property Law | Date: | Hits: 93
....l)
Present:
Syed AB Mahmud Husain CJ
Ahsanuddin Chowdhury J
Kemaluddin Hossain J
Lal Meah, being dead his heirs Momena Khatun & others………..Appellants.
Vs.
Haji Md. Ibrahim Meah and others......Respondents
Judgment
November 28, 1975.
Result:
The ...... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ......t. Kashibai, 51 C.W N. 175, Narendra Vs. Rajendra, 45 C.W.N. 654 , Rai Kiran Chandra Roy Bahadur Vs. Srinath, Chakrabarti 31 C.W.N. 135, Kumar Rai Vs. Baraboni Coal, A.I.R. 1935 Calcutta 36, Jemarat Ali Vs. Rahman Sardar, 17 DLR 589, Pramatha Nath Vs. Kamir Mondal, 17 DLR (SC) 392.
Lawyers In......ion
(Civil)
Present:
Syed AB Mahmud Husain CJ
Ahsanuddin Chowdhury J
Kemaluddin Hossain J
Lal Meah, being dead his heirs Momena Khatun & others………..Appellants.
Vs.
Haji Md. Ibrahim Meah and others......Respondents
Judgment
November 28, 1975.
Re..
Category: Property Law | Date: | Hits: 82
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
.... Pakistan in Civil Re-vision Case No. 101 of 1968). Judgment: Kemaluddin Hossain, J.—Facts leading to the grant of Special leave to appeal are as follows: Respondent 1, Md. Abdur Razzak obtained a money decree against Respondent 2, Md. Belayet Ali Khan, a Government C......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ...... Kemaluddin Hossain, J.—Facts leading to the grant of Special leave to appeal are as follows: Respondent 1, Md. Abdur Razzak obtained a money decree against Respondent 2, Md. Belayet Ali Khan, a Government Contractor in O. C. suit No. 59 of 1962. During the pendency of the suit, Re......J. Syed A. B. Mahmud Hussain, J. Ahsanuddin Choudhury, J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya. J. Bangladesh……Appellant. Vs. Mohd. Abdur Razzak and another………. Respondents Judgment ..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ...... Fazle Munim J Abdul Quader Chowdhury and others...............Appellants (In Criminal Appeal No. 28 of 1974). Sk. Sarwaruddin……..... Appellant (In Criminal Appeal No. 29 of 1974). Vs. The State ………………...Respondent Judgment February 10, 1976. Result: T..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ......that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ......ge suo motu lodged a First Information Report and after completing investigation submitted a charge-sheet against them. Besides the complainant P.W.I, four other witnesses, namely, P.W. 2 Syed Ali Gazi, P.W. 3 Noor Mohammad Mondal, P.W. 4, Afazuddin Biswas and P.W. 5 S.I. Abdul Bari were ex...... F.K.M.A. Munim J Abdur Razzaque & anr………………..Appellants. Vs. The State............................Respondent Judgment Jan. 14, 1976. ..Category: Criminal Law | Date: | Hits: 64
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....ocate, Supreme Court, instructed by A.M. Khan Chowdhury Advocate-on-Record—For the Appellant. Asrarul Hosain, Senior Advocate will Mohammad Hassan, Advocate Supreme Court instructed by Md. Nurul Huq, Advocate-on-Record—For the Respondent in C.A. No. 15-D/71 S.R. Pal, Sen......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ......ncome Tax, AIR 1945 (P.C.) 89; Russell (Inspector of Taxes) Vs. Scott. 1948 A.C. 422, and Davigdor Goldsmid Vs. Inland Revenue Commissioners 1953 A.C. 347 Income Tax, Madras Vs. Mir Mohammad Ali 1964 (53) ITR, 165; Abdul Wahab Vs. The Crown, 7 DLR (FC) 87. Lawyers Involved: A...... Ahsanuddin Chowdhury J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya, J. The Commissioner of Income-tax Chittagong zone, Chittagong.............Appellant. Vs. M/s. Everett Orient Line Corporation and others........... Respondents Judgment ..Category: Fiscal/Taxation Law | Date: | Hits: 134
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ......urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ......urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ...... A. B. Mahmud Hussain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J. The Commissioner of Income Tax, Dacca Zone........Appellant Vs. M/s. Gulistan Cinema Co...................Respondents Judgment 17th..Category: Fiscal/Taxation Law | Date: | Hits: 126
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......ers.........Respondents Judgment July 30, 1975. Cases Referred to: Syed Abdul Karim and others Vs. Harendra Chandra Dhupi and others, 14 D.L.R. 847; Jamiyat Ali Vs. Mrs. Chemon Ara Begum and others, 20 D.L.R. (Dacca) 480; Mohammad Hossain Khan and ot...... A. B. Mahmud Hussain J Ahsanuddin Choudhury J Kemaluddin Hossain J Debash Chandra Bhattacharya J Matilal Sikder & ors……... Appellants Vs. Benodini Dasi, being dead her heirs Bepin Behari Das and others.........Respondents ..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ...... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ......: Syed A. B. Mahmud Hossain J. Ahsanuddin Chowdhury J. Kemaluddin Hossain J. Ayub Ali Howladar……………………..Appellant. Vs&n......4(C) of the Evidence Act. The quantum of evidence necessary to rebut the presumption is a question more of fact than law. 9. Some decisions have been cited from the Bar. They are: Niaz Ahmed Vs. Azimuddin 19 D.L.R. (S.C.) 388; Abdus Sattar Rana Vs. S.M. Zaidi, 20 DLR (S.C.) 292 ; Rahis Mi..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....9 DLR 333; Tarangini Debi 19 DLR 57; Keramat Ali Vs. Mohammad Yunus, 15 DLR (SC) 130. Lawyers Involved: M. Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record—For the Appellant. Md. Fazlul Karim, Advocate instructed by A, W. Mian, Advocate-on-Record—For the Respondent. Civ......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ...... Division (Civil) Present: Syed ABM Hussain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Golam Hafez Mia……………………………… Appellant. Vs. Khadem Ali Meah .........................Respondent Judgment November 17, 1977. Result: The app......t Appellate Division (Civil) Present: Syed ABM Hussain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Golam Hafez Mia……………………………… Appellant. Vs. Khadem Ali Meah .........................Respondent Judgment November 17, 1977. Resu..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....ellate Division (Civil) Present: Syed ABM Husain CJ Debesh Chandra Bhattacharya J Fazle Munim J Amir Sultan Ali Hyder................................ Appellant. Vs. Md. K. Alam alias S. Alam & others............. Respondents Judgment July 1, 1977. R...... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......s also Reported in: (1977) 29 DLR (SC) 295....... Appellate Division (Civil) Present: Syed ABM Husain CJ Debesh Chandra Bhattacharya J Fazle Munim J Amir Sultan Ali Hyder................................ Appellant. Vs. Md. K. Alam alias S. Alam & others............. Respondents Judgment July 1, 197..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....Abdul Karim Chowdhury of the simple mortgage, brought a suit being No. 151 of 1926 in the second court of Munsif, Sadar, Chittagong, on that simple mortgage deed against the successors-in-interest of Md. Ashraf Chowdhury, the present respondents. That suit was ultimately compromised on 28th Februa......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......Supreme Court Appellate Division (Civil) Present: Ahsanuddin Choudhury J Fazle Munim J KM Subhan J Nuruzzaman Chowdhury…………………………………….Appellant Vs. Asrarul Hoque Chowdhury and others……………...Respondents. Judgement April 7, 19..Category: Property Law | Date: | Hits: 64
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....Appellate Division (Civil) Present: Syed A.B.M. Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Md. Shaukat Ali Mia…………………………......r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding before the Administrator. Ed. ......ision (Civil) Present: Syed A.B.M. Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Md. Shaukat Ali Mia……………………………&hell...... D.C. Bhattacharya J Fazle Munim J Md. Shaukat Ali Mia………………………………….. Appellant. Vs. Administrator of Wakfs and others ……….....Respondent. Judgme..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ......boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ......ght on 7th August, 1966. It was pointed out that such an important story did not find mention in the first information report. It was also pointed out that respondent Azahar Ali Molla was not even named in the first information report. Though the first information re...... (Criminal) Present: Syed A.B.M. Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J The State.....................Appellant. Vs. Fazu Kazi alias Kazi Fazlur Rahman and others .................Respondents. ..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
....bsp; January 20, 1977. Lawyers Involved: T.H. Khan, Senior Advocate with Md. Abdur Rahim, Advocate, Supreme Court, instructed by Abu Bakkar, Advocate on-Record.—For P...... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ...... Fazle Munim J Afsar Ali Moral.................Petitioner Vs The State............ Respondent Jud......tion 364. The law in respect of the charge for the offence of abduction followed by murder and the recovery of the dead body has been clearly laid down by this court in the case of Hafez Abul Khair Vs. The State in Criminal Appeal No. 4 of 1975 of this court. Needless to say that the decision of..Category: Criminal Law | Date: | Hits: 62
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ...... Present: Syed A.B M. Husain CJ Kemaluddin Hussain J D. C. Bhattacharya J Fazle Munim J Fakhruddin Mia and other.........................Petitioners. Vs. Mohammad Khodabaksh Sheikh... ……………Respondent ..Category: Property Law | Date: | Hits: 44
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ......ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ...... K. M. Zaker Hossain................Petitioner Vs. The State.............................Respondent Judgment Feb. 21, 1977. Lawyers Involved: T. Ali, Senior Advocate with Khandker Mahbubuddin Ahmed instructed by A. Rob - (2) Advocate-on-Record......hmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J K. M. Zaker Hossain................Petitioner Vs. The State.............................Respondent Judgment Feb. 21, 197..Category: Criminal Law | Date: | Hits: 69
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