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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. ......lip;……...Respondents Judgment August 24, 1986. Cases Referred to- Md. Chand Miah Sowdagar Vs SMH Rahman 1985 BLD 337; Kalu Vs. Sowaria 27 1C 703. Lawyers Involved: Miah A. Gafur, Advocate-on-Record.—For the Appellant. Khalilu......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 SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......itation AIR 1961 Assam 101; Talekhal Fishermen Co-opÂerative Society vs. Bangladesh 1981 BLD (AD) 103; EFO Vs. Ram Sanchi AIR 1973 (S.C) 205; Ramana V.I.A. Authority of India A.I.R 1979 SC. 1628. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instruc......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 1987, 16 CLC (AD)
.... 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. ...... Kandaswami v. Vegheesam Pilial AIR 1941 (Mad) 822; Prabirendra Nath Nandy v Narendro Nath Nandy, AIR 1958 Cat. 179; Delhi Gate Service Private Ltd. v. M/s. Caltex (India) Ltd. AIR 1962 Pan. 370. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior AdÂvocate, Mahbubey Alam, AdÂvocate, Supr...... 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 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. ......hellip;…………………………………………..Respondents Judgment September 2, 1986. Lawyers Involved: T.H. Khan, Senior Advocate (M.A. Wahab Miah, Advocate) instructed by Kazi ......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. ..Category: Property Law | Date: | Hits: 37
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... 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. ......R 910; Hari Kailash vs. CIT 22 ITR 195, AIR 1953 ALL 170; Kettlewell Bullen Vs. C.I.T. AIR 1965 S.C. 65; C.I.T. Vs. Chari & Chari Ltd. AIR 1966 S.C. 34; Karam Chand Thapra 80 I.T.R. 167. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advo...... 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. ......ellip;Respondent Judgment July 14, 1986. Cases Referred To- Ocean Industries Ltd. Vs. Industrial Development Bank. (1966) 18 DLR (SC) 354; PLD 1966 SC 1938. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) in......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. ..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. ......ts Vs. State & another…………………………………..Respondents Judgment May 15, 1986. Lawyers Involved: Aminul Huq, Advocate-on-Record.-For the Appellants. Syed Mudassir Huss......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 ChowÂdhury, 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. ......LR (F-B) 119; Katia Pillai. AIR 1929 Mad 393; Petherpermal ILR 35. Cal.551; V. Konar Vs.R. Konar, AIR 1939 Mad. 894; 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 ......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. ..Category: Property Law | Date: | Hits: 86
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. ...... (PC) 112; Shibessouree Debya M.I.A. 270; Vidya V.T. Swamigal AIR 1922 P.C. 123; Sridhar Suar AIR 1976 (SC) 1860; Srimath D. P. Desikar AIR 1936 (P.C.) 183; Atyam Veerraju AIR 1966 (SC) 629. Lawyers Involved: Sheikh Afzalur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate......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 BeÂgum 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. ......8 (P.C) =38 C.W.N. 285; Maharaja Srischandra Nandy vs. Bajjnath Jugal Kishore 39 CW.N. 352 (P.C.); Corea vs. Apuhamy A.I.R. 1914 P.C. 243; Culley vs. D.D. Taylerson 11 A & E 1008(1840). Lawyers Involved: S R, Pal, Senior Advocate, M. H. Khondkar, Senior Advocate & A. J.Moh......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 CommitÂtee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......ssed. 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. National Bank vs. Ataul Huq, DLR (SC) 74. Lawyers Involved: S R Pal, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Recordâ€......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is disÂmissed. 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)
....clause may be worded." 40. This Division in the case of Khondker Ehteshamuddin @ Iqbal 33 DLR (AD) 154 agreed with an approval the aforesaid proposition of law by holding that, "Of course when, a Martial Law Court or Tribunal has acted without jurisdiction or such Court or Tribunal is not proper......y 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 Advocate, M. H. Khondker, Senior Advocate and A. J. Mohammad......r Chowdhury, J. Order of the Court By the majority decision, the appeal is disÂmissed. 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. ......rial is that the accused shall be presumed innocent and that he is not required to prove his innocence. The entire burden of proof of his guilt lies on the prosecution alone………….(49) Law does not require a partiÂcular number of witnesses to prove a case. A conviction can be founded......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. ..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of SuborÂdinate 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 ...... more reason or urgency to protect his interest in the suit land than the lessor………………….(5) Cases Referred to- Prassanna Moyee vs. Kali Das, (1881) 9 Cal. L.R. 347; 31 DLR 107. Lawyers Involved: M.H. Khandker, Senior Advocate, A. J. Mohammad Ali, Advocate with him instructe......1979 of the Court of SuborÂdinate 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
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......s provision and as such it means stoppage of the trial only. Passing the order of acquittal before the period of limitation under section 339C was over, was not an order under section 339C Cr.P.C. Lawyers Involved: Rafiqur Rahman, Senior Advocate instructed by Serajur Rahman, Advocate-on-Recor......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified acÂcordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... Cal. 658 ; Re EL Sombero Ltd., (1958) 3 All ER P. 1, Captain John Johnston vs. G B. Potts & Co. Ltd. PLD 1967 Kar 496 ; Satish Chandra Banik vs. Dacca Jute Miils Ltd., PLD 1968 Dac 610 at p. 641. Lawyers Involved: Raifique-Ul-Huq, Senior Advocate, (Md. Fazlul Haque, Advocate with him) instruc...... of the learned Company Judge are modified acÂcordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......emise in the Cantonment Area. The Military Estate Officer 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 ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....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. ......ry of IndusÂtries Vs. Saleh Ahmed(1981) BLD 91 AD; Planters (Bangladesh) Ltd. Vs. Mohaluxmi Book Ltd. (1985) 37 DLR 129 AD; Profulla Choron Requittee vs. Satya Choron Requittee, AIR 1979 SC 1682. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Mahmudul Islam and Habibul Islam Bhuiyan, ......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
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......from the prosecution. In this case the Magistrate having passed the order of withdrawal without any application from the Public Prosecutor is an illegality and such order has rightly been reversed. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-R......rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ..Category: Criminal Law | Date: | Hits: 71
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ...... on the requests of any candidate......(13) Cases Referred to- Mofazzal Hossain Vs. Election Commissioner, (1976) 28 DLR (AD) 51; Nurul Islam V. Munsif, Election Tribunal 28 DLR (Dhaka) 375. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate with him), instr......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
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