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Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)

....earch Industries Ltd., 50 CWN, 461; Harihar Banerji Vs. Ramshasi Roy, AIR 1918 (PC) 102; SM Bindubashini Chanda Vs. Al haj Jahanara Begum, 1982 BCR (AD) 181. Lawyers Involved: S R Paul, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on‑Record. Md. Aftab Hossain, Advocat...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Pradhip Das alias Shambhu and others ………..Judgment‑debtor‑Appellants Vs. Kazal Das Sarma and others ……………………Decree‑holder‑Respondents Judgmen......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..

Category: Tenancy Law | Date: | Hits: 97

Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)

....ja Maynuddin Vs. Province of East Pakistan 21 DLR 886. Lawyers Involved: K. A, Bakr, Attorney General with Abdul Wadud Bhuiyan, Assistant Attorney-General, instructed by A. Wadud Mian Advocate-on- Record—For the Appellant. S. R. Pal, Sr. Advocate with Shamsul Haq...... J Fazle Munim J Bangladesh..................Appellant.                       Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 197......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..

Category: Others | Date: | Hits: 142

BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)

....ment May 5, 1976. Case Referred to: M/S Co-operative Milk Societies Union Ltd. Vs. State of West Bengal and others, 62 C.W.N. 405. Lawyers Involved: T. H. Khan, Senior Advocate with Mahbubur Rahman, A. N. M. Shahidullah, Advocates instructed by S. S. Hoda, Advocate-o......hmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Fazle Munim, J. The Bangladesh Jatiya Matshajibi Samabaya Samity Ltd……...Appellant. Vs. The Chairman, Labour Court, Chittagong & anr. ...Respondents Judgment May ......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 144

Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)

....;          June 2, 1976.              Lawyers Involved: Mustafa Kamal, Advocate, instructed by S, S. Hoda, Advocate-on-Record—For the Appellant. Ex-parte&mdas...... Fazle Munim, J.       Md. Amirul Islam........... Appellant                Vs. The Hon'ble Judges of the High Court Division (Sc) of Bangladesh and Govt. of Banglades......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..

Category: Others | Date: | Hits: 157

FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)

....sp; 1957 (S.C.) (India) 160; Syed Ahmad Vs. The State, 1958, 10 D. L. R. (S. C.) 12 PLD 1958 (S.C.) 27; Baijnath Vs. State of M.P. in A.I.R. 1966, 220. Lawyers Involved: Amirul Huq, Advocate-on-Record—For the Appellant. A. T. M. Afzal, Deputy Attorney-General, instruc......B. Mahmud Hussain, C. J. Ahsanuddin Choudhury, J. Kemaluddin Hossain. J.  D.C. Bhattacharya. J.  FM Rashiduzzaman……….Appellant Vs. Bahauddin Ahmed and another…….Respondents Judgment May 3, 1976. ......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 66

Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)

.... State of Andh. Pra. Vs. T. Narayana (AIR 1962) SC. 240, Lakhan Mahto Vs. State of Bihar (AIR 1966, SC. 1742); Shera Vs. The Crown (6 BLR (FC) 80). Lawyers Involved: S.R, Pal, Senior Advocate, Supreme Court, instructed by Mohd. A. Aziz, Advocate-on- Record.—For the appellant.......ud Hussain, C. J. Ahsanuddin Choudhury, J. Kemaluddin Hossain. J.  D.C. Bhattacharya. J.  Tozammel Hussain Chowdhury……..... Appellant Vs. State…………...Respondent. Judgment   &n......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..

Category: Criminal Law | Date: | Hits: 57

M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)

.... Alam Khan………….Appellant Vs. Mainuddin Ahmed and another……..Respondent Judgment April 27, 1976. Result: The appeal is dismissed. Lawyers Involved: K. A. Bakr, Advocate, instructed by A. M. Khan Chowdhury, Advocate-on-Record— For the Appellant (In all the ap......ussain CJ Ahsanuddin Choudhury J Fazle Munim J M.A. Zaher………...Appellant And Haji Jalal Ahmed …….... Appellant And Md. Khurshed Alam Khan………….Appellant Vs. Mainuddin Ahmed and another……..Respondent Judgment April 27, 1976. Result: ......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......h the Secretary to accept any notice, for the Chairman. P.W. 1 Mr. Mainuddin Ahmed appears to have deposed that he along with the process server, one member named Aziz Sardar, and another named Bijoy Kumar Saha went to the Municipal Office to serve the injunction order while P.W. 3, the process serv..

Category: Civil Law | Date: | Hits: 142

Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)

....d (644), In re-Natesa Mudaliar, A.I.R. 1945 Madras, 330. Sital Vs. Emperor AIR 1942 Oudh. 214. Reg. Vs. Tukay Bin Tamana, I.L.R. 1 Bombay 214. Lawyers Involved: Md. Behatar Ali,  Advocate-on-Record—For the Appellant. M.A. Rouf, Senior Advocate, instructed by A.W. M......sent: Syed A. B. Mahmud Hussain, C.J. Ahsanuddin Chowdhury, J. Kemaluddin Hossain, J. D.C. Bhattacharya, J. Sirajuddin alias Siraj…...Appellant. Vs. The State ……...Respondent. Judgment Nov. 20, 1975. Cases ......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ..

Category: Criminal Law | Date: | Hits: 74

Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)

....pellant. Vs. Deputy Commissioner, Khulna and others…………..Respondents. Judgment, Dec 9, 1975. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A. Rab-II, Advocate-on-Record—For the App­ellant. Faqeer Sh...... Present: Ahsanuddin Choudhury, J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya, J. Swami Joytirghananda………..….Appellant. Vs. Deputy Commissioner, Khulna and others…………..Respondents. ......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ..

Category: Procedural Law | Date: | Hits: 89

Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)

.... 1940 P.C 105; Abdul Rouf and others Vs. Abdul Hamid Khan in 16 D.L.R. (S.C.) 515; Phool Chand Vs. Gopal Lal, reported in A.I.R. 1967, 1470; Lawyers Involved: Shamsul Huq Chowdhury, Advocate, instruc­ted by Mr. A. Rab-H, Advocate-on-Record. —For the Appellant. M. ...... Mahmud Husain, C. J. Ahsanuddin Choudhury, J. D. C. Bhattacharya, J. Fazle Munim, J. Dacca Improvement Trust…………….Appellant. Vs. Waliullah and others……………....Respondents Judg...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..

Category: Procedural Law | Date: | Hits: 99

Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)

....mmissioner of Income-Tax, AIR 1955 Pun­jab 42 = 1954 (26) ITR 159; Ghanshyamdas Farmanand Vs. Commissioner of Income-tax (1952-21 ITR 79 at page 81). Lawyers Involved: A.W. Chowdhury, Senior Advocate, instructed by A. M. Khan Chowdhury, Advocate-on-Record -For the Appellant. Md. Hasan, ......) Present: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Commissioner of Income-Tax, Dacca Zone, Dacca......Appellant. Vs. M/s. Ata Hossain Khan Ltd....... Respondent. Judgment November 19, 1975. Result: ......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141...

Category: Fiscal/Taxation Law | Date: | Hits: 164

Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of In­come-Tax, Chittagong, 1976, 5 CLC (AD)

....same case PLD 160 SC 371; McNeill and Barry Ltd. Vs. Commissioner of Income-tax, East Pakistan reported in 21 DLR (SC) 200 same case PLD 1969 SC 527. Lawyers Involved: M. Hafizullah, Advocate, instructed by A. Rab-H, Advocate-on-Record—For the Appe­llants. A.W. Chow......Hossain J. D.C. Bhattacharya, J. Fazle Munim, J. Jardine Henderson Ltd. Calcutta, India………………...Appellants in both the appeals. Vs. Commissioner of In­come-Tax, Chittagong…………....Responden......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 114

Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)

....;……...Petitioners. Vs. The State and anr………...Respondents. Judgment April 6, 1976. Lawyers Involved: Shaukat Alt Khan, Advocate, with A. Basel Majumdar, Advocate, instructed by Abu Bakkar, Advocate-on-record—For ......n (Criminal) Present: Ahsanuddin Choudhury, J. D. C. Bhattacharya, J. Fazle Munim, J. Abul Hossain & ors………...Petitioners. Vs. The State and anr………...Respondents. Judgment April ......e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 66

Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)

....976. Result: The appeal is dismissed. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-General with Mahmudul Islam, Assistant Attorney-General—For the Appellant. Shah Abu Mayeen, Advocate instructed by Abdur Rab—1, Advocate on—Record. Moudud Ahmed, Advocate with Mainur Re......t Appellate Division (Civil) Present: AB Mahmud Husain J Ahsanuddin Choudhury J Kemaluddin Hussain J Debesh Chandra Bhattacharya J Government of Bangladesh......Appellant. Vs. Messrs A. T. J. Industries Ltd. and others…….Respondents Judgement March 15, 1976......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ..

Category: Business or Commercial Law | Date: | Hits: 129

Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangla­desh and others, 1976, 5 CLC (AD)

.....C. 444 of page 445; Messers Usmania Glass Sheet Factory Limited Vs. Sales T s Officer, Chittagong (1970) 22 DLR (SC) 43T— PLD 1971 SC 205. Lawyers Involved: M. Habibur Rahman, Advocate, instructed by A. Bakkar, Advocate-on-Record—For the Appellant. Syed Ishtiaq A......d Hussain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Munim J Karnaphuli Rayon and Chemical Ltd…………....Appellant. Vs. The Govt. of Bangla­desh and others…………….....Resp......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 109

Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)

....Ankala Venkata Reddy Vs. Manchala 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. Cho......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......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. ...... Judgment July 3, 1975. Cases Referred to: Jogendra Chandra Sen Vs. Bibee Wasidunnessa Khatun 11 C.W.N. 856; Mohammad Baqar Vs. Md Casim A.I.R. 1932, Oudh 210; Chandra Kumar De Vs. Kusum Kumary Roy, I.L.R. 52 Calcutta 269; Ramkeshawar Prasad Vs. Babu Girja Prasad A.I..

Category: Property Law | Date: | Hits: 77

Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)

.... Kishore Singh, L.R. 56 LA. 280 = 33 C.W.N. 893 = A.I.R. 1929 P.C, 190; Misrailal Vs. Mst. Surji, 9 D.L.R. 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.......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......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. ......d Moin Ahmed…………....Respondent Judgment August 13, 1976. Cases referred to: Mt. Durga Choudhurani Vs. Jawahri Singh Choudhurani, L.R. 17 I.A. 122, = I.L.R. 18 Cal. 23; Venkata Kumara Mahipati Suryarao Vs. Secretary of State, L.R, 56 LA. 223 = 33 C.W.N. 725=A.I.R. 1929 Cal. 15..

Category: Tenancy Law | Date: | Hits: 68

Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)

.... (1) Dacca, 576; Badrul Huq Rashidi Vs. Shah Hossain Ahmed AIR, 1935. Allahabad 278; Gobinda Chandra Vs. A. Majid, A.I.R. 1944 Calcutta 163. Lawyers Involved: Asrarul Hossain, Senior Advocate, instruc­ted by Md. Nurul Huq, Advocate-on Record— For the Appellant. M, ......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...... 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. ...... 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. ..

Category: Trust/Waqf Law | Date: | Hits: 239

Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)

....1969 Dacca 946; Mt. Tulsha Devi Vs. Shah Chironjeelal and others AIR 1943 All. 1; Anadilal and others Vs. Ram Sarup and others, AIR 1936 All 495. Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Record —For the Appellants. B. N. Chowdhury, Ad......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......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. ..

Category: Property Law | Date: | Hits: 93

Lal Meah, being dead his heirs Momena Khatun & others Vs. Haji Md. Ibrahim Meah & others, 1975, 4 CLC (AD)

.....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 Involved: B. N. Chowdhury, Advocate, instructed by A. Rab-II, Advocate-on-Record—For the Appel­lant. M.H. Khandker, Seni......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...... 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. ......kajini Debi Vs. Sudhir Dutta 60 C.W.N. 793, Munnalal Vs. Mst. 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, Pra..

Category: Property Law | Date: | Hits: 82