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Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)

....rch 4, 1982. Case Referred To- M.A. Hai vs. Trading Corporation (1980) 32 DLR (AD) 46. Lawyers Involved: A.W Bhuiyan, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record—For the Appellants. Syed Ishtiaq Ahmed, Senior Advocate, Khondkar ......inistry of Public Works and Rural Development and another ………………………………………...Appellants. Vs. Md. Matiur Rahman ……………………&hellip......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered   to compulsory retire­ment. No order as to costs. Ed. ......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered   to compulsory retire­ment. No order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 87

Rajan Miah Vs. Abdur Rashid and ano­ther, 1982, 11 CLC (AD)

....­ther…………………………….. Respondents Judgment March 25, 1982. Lawyers Involved: B. Hossain, Advocate on Record.—For the Appellants. B. K. Das, Advocate, instructed by Syed Sakhaw...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ..

Category: Property Law | Date: | Hits: 47

Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)

....C) 78; Ravi Paint Colour & Varnish Works Ltd. Vs Federation of Pakistan PID 1954 (Lab) 551; Sargodha Trading Co. AIR 1943 (Lah) 228. Lawyers Involved: A.K.M Mozammel Huq Bhuiyan. Advocate with Rabia Bhuiyan, Advocate, instructed by S. S. Huda, Advocate-on-Record.—For the ......sion (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Badrul Haider Chowdhury J Commissioner of Income Tax...........................Appellant Vs. Chowdhury Ramzan Ali and another…………......Respondents ......ed without any order as to costs. The orders of the Court below are set aside, the proceed­ings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......ed without any order as to costs. The orders of the Court below are set aside, the proceed­ings of claims of the appellant before the Company Judge will proceed according to law. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)

.... Hajee Khabiruddin Ahmed…………………Appellant Vs. Md. Salam Kabir…………………………..... Respondent Judgment April 1, 1982. Lawyers Involved: S R. Pal, Senior Advocate, instructed by Santiranjan Karmaker, Advocate-on-Record.— For the Appellant. Syed Sakh......n (Civil) Present: Kemaluddin Hossain CJ F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Hajee Khabiruddin Ahmed…………………Appellant Vs. Md. Salam Kabir…………………………..... Respondent Judgment April 1, 1982.......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ..

Category: Tenancy Law | Date: | Hits: 67

Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)

.... Farid un Nesa vs. Mukhtar Ahmed 52 I.A. 342; Ruhalla vs. Hananlli Begumia AIR 1928 PC 303; Hem Chandra vs. Suradhani Debya AIR (1940) PC 134. Lawyers Involved: Abdus Salam, Senior Advocate instructed by B.C. Panday, Advocate-on- Record.—For the Appellant. M. Zahir,......he modifi­cation that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......he modifi­cation that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......he modifi­cation that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ..

Category: Property Law | Date: | Hits: 57

East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others Vs. Md. Abdul Hye Bhuiyan, 1981, 10 CLC (AD)

....……………………………………….. Respondents Judgment September 11, 1981. Result: The appeal is allowed. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, M. Hoque, Advocate with him, instructed by B. Hossain, Advocate-on-Record—For the Appe­......adrul Haider Chowdhury J Shahabuddin Ahmed J East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others…………....... ......................... Appellants Vs. Md. Abdul Hye Bhuiyan………………………………………………….. Responde......persona! hearing has, in any way, prejudiced the respondent. For the reasons stated above, the appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: ......persona! hearing has, in any way, prejudiced the respondent. For the reasons stated above, the appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 109

Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)

....xceeding 7 years on the expiry of which the mortgagor may get back possession by an application to the Sub divisional Ma­gistrate……….(5 and 6). Lawyers Involved: A. K. M Shafiqur Rahman, Advocate M. Giasuddin Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate on-Record—For the...... Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Abu Bakkar....................................................Appellant Vs. Nazir Ahmed................................................. Respondent Judgment Febru......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ..

Category: Property Law | Date: | Hits: 58

Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)

....ed Ahmed PLD (SC) 151; Jamil Huq Vs. Bangladesh (1982) 34 DLR(AD) 125; A Rouf Vs. Abdul Hamid Khan (1965 17 DLR (SC) 515. Lawyers Involved: MH Khandker and Khandker Mahbub uddin Ahmed, Senior Advocates with Nizamuddin Haider, Advocate, instructed by Shahabuddin Ahmed, Advocate-on-Record—Fo......ddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Khondker Moshtaque Ahmed………………………. Appellant (In both the appeals). Vs. Bangladesh through the Secretary, Ministry of Home Affairs……….. Respondent (In both th......w Court and the order of Government on review are set aside, The orders of convic­tion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......w Court and the order of Government on review are set aside, The orders of convic­tion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..

Category: Criminal Law | Date: | Hits: 287

Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)

....registered and so the pre-maturity could be said to have been cured……..(3) Case Referred to- Abdur Rahman @ Abdul Rahman Vs. Maklis Ali, 31 DLR (AD) 118. Lawyers Involved: Md. Hannan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Miah A. Gafur,......vision (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Lebu Mia..................................Appellate Vs. Ganesh Chandra Nath and others...................Respondent Judgment March 17, 1982. ......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220...

Category: Property Law | Date: | Hits: 65

Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)

.... 1982 Cases Referred To- Akhtarun Nesa vs. Habibullah (1979) 31 DLR (AD) 88; Ahmed Hossain vs. Basharat Ali (1980) 32 DLR (AD) 54. Lawyers Involved: Rafiqur Rahman, Sr. Advocate, instructed by Zinnur Ahmed, Advocate on-Record—For the Appellants. Md, Afta...... Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Haji Tajamal Ali being dead his heirs: Kamarunnesa and ors…………..Appellants Vs. Abdus Sattar and others .......................................................Respondent......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8.  In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8.  In the result, the appeal is dismissed without, however, any order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 66

Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)

....ellip;….. Respondents Judgment Feb. 23, 1982. Lawyers Involved: K. A. Bakr, Attorney-General with A. W. Bhuiyan Deputy Attorney-General, instructed by M R. Khan, Advocate-on-Record—For the Appellant. Rafiqul Huq, Senior Advocate instructed by Syed ......ry of Law and Parliamentary Affairs, Government of Bangladesh………………………………………Appellant. Vs. Hon'ble Judge, Prize Court, High Court Division, Supreme Court Building, Dacca …&......e learned Attorney-General are found unacceptable, not because it lack  rea­sons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......e learned Attorney-General are found unacceptable, not because it lack  rea­sons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..

Category: Others | Date: | Hits: 116

Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)

....hellip;……………………………... Respondents Judgment Feb. 18, 1982. Lawyers Involved: SM. Zillul Huq Advocate, Supreme Court instructed by Md Aftab Hossain, Advocate on Record.—For the Appellant...... Haider Chowdhury J Shahabuddin Ahmed J Abdul Hamid…………………………………….. Appellant Vs. Abdul Jabbar………………………&hell......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 82

Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)

....ingh, AIR 1954 SC 520; Royal Aquarium Vs. Parkinson 1892 (1) CB 436 (466). Lawyers Involved: K. A. Bakr, Attorney-General, with A.W. Bhuiyan, Deputy Attorney-General, instructed by M.R. Khan, Advocate-on-Record—For the Appellants (In Civil Appeal No. 134 of 1978 & Civil Appeal No. 126 ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh & others…………………………………….Appellants Vs. A. K. M. Zahangir Hossain………………………………………………... Responden...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or com­pulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or com­pulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..

Category: Constitutional Law | Date: | Hits: 188

General Manager Jamuna Oil Com­pany Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)

....27 DLR 158; Aminul Islam vs. James Finlay, (1974) 26 DLR (SC) 33; Project-in-Charge, Paruma Ltd., vs. Aminur Rahman Khan, (1979) 31 DLR 124. Lawyers Involved: Asrarul Hossain, Senior Advocate (Abdul Azim, Advocate with him) Instructed by Syed Sakhawat Ali, Advocate-on-Record—...... F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J General Manager Jamuna Oil Com­pany Ltd........................Appellant Vs. Golap Rahman & another….......................... Respondent Judgment......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 97

Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)

....hellip;..Respondents Judgment Feb. 24, 1982. Lawyers Involved: K. A, Bakr, Attorney General, A.W. Bhuiyan, Deputy Attorney General, with him, instructed by B. Hossain, Advocate-on-Record—For the Appellants, Rafiqur Rahman, Senior Advocate, Md. Nurul Huq,...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 65

Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)

....Respondents Judgment April 2, 1980. Case Referred to- Azizul Molla vs. Taher Ali Sarder (1980) 32 DLR (AD) 61. Lawyers Involved: Md, Fazlul Karim, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by B.C. Panday Advocate-on-Record—For ...... Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Habibur Rahman & ors………………………. Appellants Vs. Hasen Ali Mondal and others…………………... R......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 100

Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)

....if of First Court at Khulna & Election Tribunal and others....................... Respondents Judgment June 19, 1981. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Sup­reme Court, (M/S Zamiruddin Ahmed, K. Z. Alam and Mahmudul Islam, Advocate, Supre......Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Enayet Ali…………………………...Appellant. Vs. Munsif of First Court at Khulna & Election Tribunal and others............................ Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ..

Category: Election Law | Date: | Hits: 121

Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)

....ellip;…………………………….Respondents Judgment Jan. 4, 1982. Lawyers Involved: Dr. Aleem-Al-Razee, Advocate instructed by Aminul Hug, Advocate-on-Record—For the Appellant. K. A. Bakr, A......aider Chowdhury J Shahabuddin Ahmed J Haripada Biswas …………………………………….Appellant Vs. State & another ……………………&hell...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ..

Category: Criminal Law | Date: | Hits: 61

Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)

....ll ER 242; R. vs. O/C Depot Battalion 1949, All ER 373; Burns vs. Wilson, 97 Lawyers Edition, 1508; Kartar Singh vs. Imperator, AIR 1946 Lah. (FB) 1C3. Lawyers Involved: M.H, Khandker, Senior Advocate, with Shafiqur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record......­dhury J Shahabuddin Ahmed J Jamil Huq and 11 others……………….Petitioners (In Petition Nos. 65/81 66/81, 67/81, 68/81, 69/81, 70/81, 71/81, 72/81, 73/81, 74/81, 75/81, and 76/81) Vs. Bangladesh and others................................Respondent Judgment September 2......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 327

Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)

....Vs. Baxendale 1854, 9 Ex. 341; United States vs. Middleinn, 1924, 3 Fed Rep (2nd) 384; Monarach SS Co. Vs. A/B Carlshons, 1949 All LR Vol. J page 1. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, with Shah Abu Nayeem, Advocate, instructed by A. Backkar, Advocate-on-Record—For the Res...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J BH Chowdhury J Shahabuddin Ahmed J Al-Sayar Navigation Co……………………Appellants (In Civil Appeal No. 15 of 1981). Vs. Delta International Traders Ltd. and others……………………. Respondent And De......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 264