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

....                   Shahabuddin Ahmed J.-That appeal by special leave calls in question an order of a learned Single Judge of the High Court Division dated 26 June 1986 refuting tempo­rary injunction to restrain ......rder, 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. ......ever, 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. ......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 ..

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)

....spute arose between the parties and the matter was referred to arbitration. An award was passed on 2nd November, 1976. The appellant filed Title Suit No. 27 of 1977 in the 3rd Court of Subordinate Judge, Dhaka for its enforcement. The suit, decreed on 24th May, 1978, was put into execution. Defe......ion 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. ......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. ...... 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 ..

Category: Civil Law | Date: | Hits: 84

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

....d by invoking the writ jurisdiction under Article 102 of the Constitution and In this view of the matter the rule was discharged. 8. Leave was granted to consider the sub­mission that the learned Judge of the High Court Division while interpreting the lease deed had arrived at the conclusion tha......d 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. ......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. ...... 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..

Category: Property Law | Date: | Hits: 87

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

....ndary wall. On these findings the suit was decreed. This decision was challenged by the defendan­ts by a revisional application before the High Court Division, C.R. No. 300 of 1984. A learned Single Judge who heard the matter dismissed the application and maintained the decision of the Courts below......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. ......llants. 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. ......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..

Category: Others | Date: | Hits: 104

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

....node got his jama split up in Miscellaneous Case No. 273 of 1965-66. 4. The trial Court allowed pre-emption and that order was affirmed by the appellate Court. In revision the learned Single Judge of the High Court Division, however, dismis­sed the petitioner, case for pre-emption on t...... 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. ...... 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. ......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)

....p; Respondent Nos. 1—2 and 4. Civil appeal No 79 of 1984. (From the judgment and order dated 7th January, 1982 passed by the High Court Division in S.A. No. 305 of 1978.) Judgement:               &nb......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. ......shy;perty. 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. ......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)

....tances, the view was taken that the Deputy Commissioner of Taxes was fully justified in trea­ting it as revenue receipt and thereby dis­allowed the claim of deduction. 9. The learned Judges of the High Court Division without traversing findings of the Tribunal dealt with the point ......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. ......esult, 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. ......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..

Category: Fiscal/Taxation Law | Date: | Hits: 84

Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)

....atin Khan Chowdhury & Mr. Justice Amin-ur-Rahman Khan) on 22nd August 1984 dismissing the appeal preferred by the appellants against an order of injunction and attachment passed by the District Judge. Dhaka on 27.3.84 in mis­cellaneous Case No 117 of 1983 under Article 33 of the Banglade......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. ......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. ......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..

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. ......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. ...... 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. ......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 Chow­dhury, 1987, 16 CLC (AD)

....1967 on a finding that the sale-deed was void having been brought about by fraud and collusion. This decree was challenged in two separate appeals which were also dismissed by a learned Subordinate Judge by his judg­ment dated 8 September 1970, whereupon the decree was challenged in two seco......ction 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. ......r 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. ......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. ......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. ......ment 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)

....eave is directed against the judg­ment of the High Court Division, Dhaka Bench, in Second Appeal No. 368 of 1974. Respondents filed Title Suit No. 163 of 1968 in the Court of Subordinate Judge, 2nd Court, Dhaka, against the defendants praying for partition of the suit lands on declarat......ith 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. ......udgment 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. ......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)

....irected against the judg­ment and decree passed by the High Court Division in S.A. No. 402 of 1975. 2. Plaintiff-respondent instituted Title Suit No. 106 of 1965 in the 1st Court of Subor­dinate Judge Mymensingh, against the defen­dant appellants praying for declaration of title to the land in...... 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. ......d 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. ......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)

....r. Justice Fazle Husain Mohammad Habibur Rahman and Mr. Justice Md. Abdul Jalil) on 21st January 1985. 2. Appellants who are plaintiffs filed O.S. No. 19 of 1977 in the 3rd court of Subordi­nate Judge, Chittagong impleading respondent No.1 as defendant No.1 along with other defendants for a dec...... 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. ......ry, 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. ......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..

Category: Property Law | Date: | Hits: 48

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

.... completion of investigation police submitted charge sheet against the accused persons under sections 302/34 and 449/34 of the Penal Code. The accused were put on trial before the Additional Sessions Judge, Mymensingh. They pleaded not guilty to the charges. Prosecution examined 9 witnesses but exce......ts 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. ......t 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. ......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)

....High Court Divi­sion, Comilla (Mr. Justice A.T.M. Afzal and Justice Nurul Huque Bhuiyan on 30th October 1984). 2. Respondent No 1 instituted Title Suit No. 181 of 1979 in the court of Subordinate Judge, Noakhali for declaration that the suit land was not vested and non-resident property. Allegat......979 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 ......he 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

Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)

....b Ali & others……………………………….……Respondents Judgment April 22, 1986. The Criminal Procedure Code, 1898 (V of 1898), sections 265H, 265F, 265C & 339C The Sessions Judge cannot pass an order of acquittal without complying with the provisions under section 265F Cr.......essions 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 ......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 ......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)

....………..(18) The learned counsels of the parties having expressed their agreement on the terms placed before the Court with certain modifications of the orders passed by the learned Company Judge for resolving the matter, such terms of agreement are accepted and order of the learned Compan......of the learned Company Judge are modified ac­cordingly. 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 ......earned Company Judge are modified ac­cordingly. 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 ...... of the learned Company Judge are modified ac­cordingly. 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)

....Division, Dhaka Bench, in Civil Order Case No. 497 of 1985.) Judgment: Shahabuddin Ahmed J.- In this appeal by special leave the only question for considera­tion is whether the learned Single Judge of the High Court Division is well-founded in law in upholding the trial Court's decision that......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 ......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 ......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..

Category: Tenancy Law | Date: | Hits: 108

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

....ittagong (Mr. Justice Mohammad Habibur Rahman and Mr. Justice Syed Mohammad Ali) on 1st April, 1984. 2. Plaintiff is the appellant. He filed Other Suit No. 25 of 1979 in the court of Sub­ordinate Judge, 1st Court, Chittagong for a decree of specific performance of contract for sale of land. It w...... 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. ......t 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. ......- 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..

Category: Criminal Law | Date: | Hits: 88