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Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)

....thers……………………Respondents Result: The appeal is allowed. Judgment June 28, 1995. Lawyers Involved: AW Bhuiyan, Additional Attorney-General instructed by B Hossain Advocate on Record-for the Appellant. Ex-parte— the Respondents. Civil Appeal No. 39 of 19...... Md. Ismailuddin Sarker J Government of Peoples Republic of Bangladesh represented by the Secretary Ministry of Labour and Manpower. Bangladesh Secretariat Dhaka……………… Appellant Vs. Hasan Movies Ltd. and others……………………Respondents Result: The appeal is......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ..

Category: Labour and Industrial Law | Date: | Hits: 130

Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)

....peals are dismissed. Cases Referred to- Ridge vs. Baldwin (1964) AC 40 (Law Reports 1964) & 16 DLR (SC) 722. Lawyers Involved: Aminul Huq, Attorney-General instructed by B Hossain, Advocate-on-Record— For the Appellants. Amirul Islam, Senior Advocate, (Zakir Ahmed Senior Adv......J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Principal, Chittagong Medical College and others ………………Appellants (In all the Appeals) Vs. Shahrayar Murshed ………………………………………………Respondent (In Civil......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..

Category: Constitutional Law | Date: | Hits: 169

Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)

....rred To: The Moorcock, (1886-90) All ER Rep. 530 and Koduri Krishnarao vs. State of Andhra Pradesh, AIR 1962 (Andhra Pradesh) 249. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Rafiq-ul Huq and Mahmudul Islam, Senior Advocates with him) instructed by Shamsul Haque ......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..

Category: Information Technology Law | Date: | Hits: 251

Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)

....ses Referred to- Mohinder Singh vs. Chief Election Commissioner, AIR 1978 (SC) 851; Joseph Vilangandan vs. Executive Engineer, AIR 1978 (SC) 930. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate Mahmudul Islam, Advocate with him), instructed by Shamsul Haque Siddique, Advocate-on-Recor......……………………. Appellant (In Civil Appeal No. 73 of 1992) Bangladesh Telegraph and Telephone Board and anr. ……………………………Appellant (In Civil Appeal No. 3 of 1993) Vs. Bangladesh T & T Board & ors........... Respondents (In Civil Appeal No. 73 of 1992......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..

Category: Information Technology Law | Date: | Hits: 242

Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)

.... Judgment August 13, 1995. Case Referred to- Durga Prasad vs. Munsi (1884) All (Vol.6) 423. Lawyers Involved: TH Khan, Senior Advocate, (AJ Mahmud Ali, Advocate, Supreme Court with him) instructed by Sharifuddin Chaklader, Ad...... Attar Mia and another………………………………………………Plaintiff-Appellants Vs. Mahmuda Khatun Chowdhury being dead her heirs Abdul Malik Chowdhury…&hellip......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ..

Category: Property Law | Date: | Hits: 84

Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)

............................... Appellants Vs. Md. Mokshed Ali Biswas and others........... Respondents Judgment July 3, 1995. Lawyers Involved: Shafique Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Appellants. B Hoss...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Kamiruddin and others............................... Appellants Vs. Md. Mokshed Ali Biswas and others........... Respondents Judgment July 3, 199...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..

Category: Property Law | Date: | Hits: 61

Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)

.... Bangladesh and others............................................. Respondents Judgment January 30th, 1992 Lawyers Involved: M I Farooqui, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record. —For the Petitioners. ...... Hasina Khatoon and others ………………………………………………Petitioners Vs. Bangladesh and others............................................. Respondents ......t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ..

Category: Property Law | Date: | Hits: 53

Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)

.... Judgment      August 23, 1995.   Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Appellant. Rafiqur Rahman, Senior Advocate, Supreme...... Md Abdur Rouf J Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ……….Appellant Vs. Md. Jalil and others…….Respondents Judgment   ...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ..

Category: Property Law | Date: | Hits: 57

Abdul Wadud Vs. State, 1995, 24 CLC (AD)

.... Result: The appeal is dismissed. Cases Referrd to- Babul and others vs. The State, 15 BLD (1995) (HCD) 88, Md. Aslam vs. State 19 DLR (SC) 242. Lawyers Involved: A A Chowdhury, Advocate, instructed by Md. Nawab Au, Advocate-on-Record — For the Appellant. M Shamsul Alam, ...... Appellate Division (Criminal) Present: Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdul Wadud………………………………………….Appellant Vs. State ………………………………………………………..Respondent Judgme......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6...

Category: Criminal Law | Date: | Hits: 75

Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)

....vs Messrs ATJ Industries Ltd. 28 DLR (AD) 120, Gannyson vs. Sonali Bank, 36 DLR (AD) 146. Lawyers Involved: A. W. Bhuiyan, Additional Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Appellants (In both the Appeals). T H Khan, Senior Advoca......llip;………………………………………………….. Appellant [In both the Appeals] Vs. Md. Suruzzamal and others …………………&hellip......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ..

Category: Property Law | Date: | Hits: 61

Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)

....e above finding and dismissed the appeal. 9. This judgment and decree of the lower appellate Court has been challenged in this second appeal. 10. Mr. Md. Habibur Rahman, the learned Advocate appearing for the defendant No.l appellant, has urged two points in this second appeal. Fi...... Present: Maksum al-Hakim J TH Khan J Basiruddin Sarkar................Appellant                Vs. Jasimuddin Sarkar and others............Respondents Judgement August 2......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..

Category: Property Law | Date: | Hits: 51

Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)

....ed Special Judge on 29.4.67 resulted in the aforementioned two appeals in this Court and issuance of a suo motu Rule for enhancement of sentence. 7. Mr. Fakir Shahabuddin Ahmed, the learned Advocate for the appellant Abdul Gani has taken me through the judgment of the learned Special Judg......m J Abdul Gani……………………...Appellant (in Appeal No. 290 of 1967) Taru Mian...............................Appellant Vs. State..................................Respondent (in Appeal No. 362 of 1967) ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..

Category: Criminal Law | Date: | Hits: 68

State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)

....2 DLR (SC) 35: Hakim Gul vs. The State PLD 1964 Pesh. 1: Abdus Shukur vs. The State 16 DLR Dacca 147: Wazir and others vs. The State PLD 1960 Kar 74. Lawyers Involved: Latifur Rahman, Advocate —For the Condemned Prisoner. ATM Masud, Deputy Legal Remembrancer with Abdul ......d. ...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......d by cultivating others land on barga. He left behind his landed property and a sum of Rs. 1500.00 After the death of Iman. Parashullah Fakir purchased land from PW 10 Golam Mostafa, PW 4 Sushanta Kumar Sarkar and others with the money left by Iman. Parashullah Fakir gave money to Afsar to purch..

Category: Criminal Law | Date: | Hits: 62

Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)

....n of the learned Munsif and decreed the suit of the plaintiffs. Thereafter the instant second appeal was preferred to this Court by the aforesaid defendants. 6. Mr. Abdus Salam, the learned Advocate appearing for the appellants, has taken me through the judgments of both the Courts below ...... Supreme Court High Court Division Civil Appellate jurisdiction Present: Nurul Islam J Rakman Ali alias Md. Rakman Ali and others ...............Appellants Vs. Hasib Ali Chowdhury and others..............................Respondents Judgment ......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......................Respondents Judgment April 10th, 1970.   Cases Referred to- Ahmedur Rahman and others vs. Abul Majid and ors. 14 DLR 471; Amjedali Khan vs. Raj Kumar Das and others 6 DLR 215; Syed Moin Ahmed vs. Khondkar Mohiuddin, 19 DLR 912; Arabjan Bibi vs..

Category: Property Law | Date: | Hits: 59

Safar Ali and others Vs. State, 1972, 1 CLC (HCD)

....: Montazuddin and others vs. Crown 8 DLR Dacca 95; MFN Rewail vs. State 8 DLR Dacca 589; Amir Hossain Talukdar and others vs. Crown 9 DLR, Dacca, 71. Lawyers Involved: NA Rouf, Advocate—For the Petitioners. Not represented- State. Criminal Revision Case No.......isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ..

Category: Criminal Law | Date: | Hits: 69

Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)

....title in the suit property." 10. As against this decision of the learned Subordinate Judge the present Miscellaneous appeal has been preferred. The main grounds urged by the learned Advocate for the appellant in assailing the judgment under appeal is, first, that having regard to ......nfirmed. Ed. ...... meet with disappointment.  The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......her......Respondents Judgment June 18th, 1970. Cases Referred to: Nuruddin Mia and another vs. Mvi. Abdul Muzaher 2 DLR 344; Ahmed Shah Khan vs. Abdul Barket 11 DLR 427; Kumar Krishna Prashad Lai Singha Rao vs. Sarahoni Coal Concern Ltd. and others AIR (1937)(PC)251 co..

Category: Property Law | Date: | Hits: 71

Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)

....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......; Barman  and others...........Applicants                          Vs. Commissioner of Taxation, East Pak. Dacca (now Director of Taxation, E. Pak. Dacca) .........ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ...... Vithaldas vs. Commissioner of Income Tax. 64 IA 87; Sur Sundar Singh Majithia vs. The Commissioner of Income-Tax, CP and UP 1942 (10) ITR 457. Lawyers Involved: BN Chowdhury, Pradip Kumar Guha — For the Applicant. Mohammad Habibur Rahman — For the Respondent. ..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)

....convincing and unequivocal materials are available from the records to dislodge the presumption, it should prevail. 12.  In this appeal, however. Mr. Nasiruddin Chowdhury, the learned Advocate appearing on behalf of the defendant No. 1 appellant has contended before us that there is...... Syed Modaris Ali ............Appellant                          Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May ......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ..

Category: Property Law | Date: | Hits: 59

Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)

.... Division. The Additional Commissioner, Khulna Division, by his order dated 20.4.68 passed in Appeal No.  10 of 1968 dismissed the same. 5. At the hearing of this petition the learned Advocate for the petitioner urged several points. The point, however, which has become crucial in t......          Fazle Munim J Rabiul Hossain... ............Petitioner             Vs. Chairman, District Council Khulna and DC Khulna and others................Respondents ......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..

Category: Others | Date: | Hits: 92

Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)

.... Subordinate Judge, however, found that the co-applicants came to the Court in time, but dismissed the appeal as a whole. 7. In this revisional application Mr. Nizamuddin Haider, the learned Advocate for the petitioners, has contended that the lower appellate Court ought to have granted t......d. ......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......1966, passed by the learned Munsif, 2nd Court Jhenidah in Miscellaneous Case No. 159 of 1965. 2. This application has been preferred by the three petitioners (1) Bijan Bala Chowdurani, (ii) Kumaresh Chandra Biswas and (iii) Tarapada Kabiraj. The petitioner No. 1 filed the above mentioned ..

Category: Property Law | Date: | Hits: 47