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Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....ncil vs. Hindustan Co-operative Insurance Society Ltd. 35 CWN 794. Lawyers Involved: Md. Nurul Huq and Mohammad Hassan — For the petitioner. AM Khan Chowdhury, Assistant Advocate General—For the Respondent. Petition Nos. 527 and 530 of 1963. Judgme......latpur Jute Mills Ltd.........Petitioner Vs. Income Tax Officer and ors...............Respondent Judgment July 3rd, ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 106
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
.... with the decision of the Courts below with regard to the alleged self-acquired property of Raj Kumar preferred the present second appeal to this Court. 5. Mr. Moinul Huq, the learned Advocate appearing for the plaintiff appellant, submits that both the Courts below seriously erred ...... High Court Division (Civil Appellate Jurisdiction) Present: Nurul Islam J Basanta Kumar Basak.............Plaintiff—Appellant Vs. Santosh Kumar Basak and others........Respondents Judgment ......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ...... the result. Ed. ..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....he learned Munsif. Thereafter the instant second appeal was presented to this Court against the decision of the Court below: 6. Mr. Abdul Matin Khan Chowdhury, the learned Advocate appearing on behalf of the appellants, has taken me through the lengthy judgments of the t......Hoque Muktar and others........Appellants Vs. ARM Mustanesar Billah & others.......Respondents Judgment February 1...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......h the lands thereunder to the plaintiffs who entered into possession of both the rooms after their purchase and started a book stall in the disputed room and leased out the other room to one Aswini Kumar Sutradhar as a monthly tenant. 3. It is the further case of the plaintiffs that on 2...Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
.... learned Sessions Judge rejected the application of the petitioners to make a reference to this court. Thereafter the petitioners obtained this Rule. 4. Mr. A Wahab, the learned Advocate for the petitioners, argues that the judgment of the trial Court is bad in law inasmuch as...... H. Rahman J. Keramat Ali and others................Petitioners Vs. Probhat Chandra Majumder.........Opposite Party Judgment August 21st, 19......ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ...... them to pay a fine of Rs 20 in default each to suffer simple imprisonment for 15 days. 2. The case for the prosecution, briefly stated, is that complainant Probhat Chandra's father Chandra Kumar purchased CS Plot No. 661 of Khatian No. 60 of mouza Jamalpur PS Sudharam, Noakhali in 1921 f..Category: Criminal Law | Date: | Hits: 66
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....nder section 374 Cr.P.C. for confirmation of the sentence of death and the condemned prisoner has challenged the order of conviction and sentence passed in the case. 7. Mr. T Talukdar, the learned Advocate for the condemned prisoner, has taken us through the judgment, depositions and other papers......orted in: 24 DLR (1972) 69. ......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..Category: Criminal Law | Date: | Hits: 81
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....udge in agreement with the assessors found them guilty for abetment of the offence of murder of Jahiruddin and convicted them under sections 302/109 PPC. 12. Mr. Moktar Hossain, the learned Advocate appearing for the accused appellants, has argued that the conviction of the accused appell......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....914) 231C 917; Ahhoya Charan Lata Baidya vs Srimati Kamani Probha Nag in 53 1C 188; Faruzuddin Mondal vs. Tahirannessa Bibi and ors. 15 DLR Dacca, 214. Lawyers Involved: Farid Ahmed, Advocate—For the Appellants. Mahmudul Islam for BN Chowdhury, Advocate—For the R......-Appellants Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th,...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....ged about 10 or 11 years. He is the son of Hobi Durani, a step brother of deceased, Maleka Khatun. Before examining his evidence, it is necessary to dispose of one matter pointed out by the learned Advocate representing the condemned prisoner before us. It appears from the deposition that there ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....nted declarations sought for. 5. The Judgment and decree of the Court of appeal below has been challenged in this second appeal by the defendant No.2-appellant. 6. Mr. M H Khondkar, the learned Advocate for the appellant, firstly, contended that the patta granted lease in favour of the plainti......s also Reported in:......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......Defendant-Appellant Vs. Hedayet Ahmed Chowdhury and others................. Respondents Judgment July 14, 1970. Result: The appeal is dismissed. Cases Referred to- Surendra Kumar Sen Choudhury vs. Sreemati Chandra Tara Nath and others 34 CWN 1063; Badaya Nath Chakravorty v..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....enquiries and performed his duties as was required under sections 34 and 35 of the Registration Act. It appears from the document itself, which was presented to us by Mr. Ahmed Sobhan, the learned Advocate for the petitioner, that the respondent No. 2 took steps under the provisions of clauses (...... High Court Division (Special Original Jurisdiction) Muksum ul- Hakim J. Fazle Munim J. Hasina Begum…………….. Petitioner Vs. Province of East Pakistan, represented by Secretary, Law (Judl) Department, Registrati......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......sh;For the Respondents. Petition No. 58 of 1970. Judgment: Muksum ul-Hakim J: Sree Khetra Nath Majumdar and Sree Judu Nath Majumdar, sons of Rajendra Kumar Patwari sold 3.94 decimals of land to the petitioner for a total consideration of Rs. 9,000.0..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....nted to Messrs High Speed Navigation Company Limited and has challenged the action on the IWTA in this writ petition in granting the said time-table. 3. Mr. Khondker Mahbubuddin Ahmed, the learned Advocate for the petitioner, has contended that an inconvenient time-table has been granted to the p...... ...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
..... It is true that none deposed on oath before the learned Magistrate. The admission referred to in the learned Magistrate's order obviously appears to be a concession made by the Company's learned Advocate which means that the parties before the learned Magistrate proceeded on the basis that the ......HCD) (1972) 1. ...... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ...... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ..Category: Others | Date: | Hits: 162
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....ons should not be allowed to flock together in a financial institution to control and monopolize the capital market……..(15) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on- Record — For the Petitioners. ...... Mahmudur Rahman J Mahmudul Amin Choudhury J City Bank Limited and others …………..…………..Petitioners Vs. Bangladesh Bank and others…………………&hell......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....gs. It applies to all, whether they are individuals or nominees of a bank, insurance or financial institutions………(22) Lawyers Involved: Dr. M. Zahir Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record —For the Petitioners. ......Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Phoenix Leasing Ltd and others………………… Appellant Vs. Bangladesh Bank and others…………………&hel......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
....ey are in possession claiming raiyati settlement they cannot set up adverse possession either. They are not entitled to a declaration of title…….(5) Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Shar Chaklader, Advocate-on-Record—For the Petitioners. Dr. Rafiqur Ra......) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Salma Khatun and others…………………… Petitioners Vs. Zilla Parishad, Chittagong, represented by its Secretary and another…….. Respondents ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ..Category: Tenancy Law | Date: | Hits: 82
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
.... is nothing specific to show that the defendants were absent from the country on the date of passing the ex parte decree…..(5) Lawyers Involved: Md. Abdul Hannan, Senior Advocate, instructed by Md. Ataul Huq, Advocate-on-Record-For the Appellant. SR Pal, Senior ......ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Red Sun Limited & Others………………………… Petitioners Vs. Uttara Bank………….. Respondent Judgment November......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....am Charan, AIR 1964 SC 215, Chowdhury Saifuddin Ahmed vs. Shamsuddin and others, 40 DLR 10, Azimomiessa vs. Rup Gazi and others, 39 DLR 6. Lawyers Involved: Md. Abdul Hannan Senior Advocate, instructed by Md. Ataul Huq, Advocate-on-Record — For the Appellant. SR Pa......fur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Abdul Kader Mondal and others…………………… Appellant Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha……………......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....o the custody of her father with option to produce the victim before the court as and when required for adjudication………………………(19) Lawyers Involved: MA Wahhab Miah, Advocate instructed by and Azra Ali, Advocate-on-Record.— For the Appellant (In all cases). ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Bashu Dev Chatterjee………............. Appellant Vs. Umme Salma and others..................... Respondents Judgment March 4, 1999. Resu......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....ry if he is not cautious, restrained, respectful and deferential with regard to the highest judiciary ……….(10) Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by SR Karmaker, Advocate-on-Record — For the Appellant. Mahmudul......p; Bimalendu Bikash Roy Choudhury J Ashok Kumar Karmaker………………………….. Appellant Vs. State……………….. Respondent Judgment March ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......; Latifur Rahman J Bimalendu Bikash Roy Choudhury J Ashok Kumar Karmaker………………………….. App..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....or and the dispute can only be decided one way or the other by a competent Civil Court upon taking evidence………..(15) Lawyers Involved: Mohammad Nurullah, Senior Advocate, instructed by Sharfuddin Chaklader Advocate-on-Record—For the Petitioner. K......dhury J Shamsunnahar Salam and others………………………………………… Petitioner Vs. Mohammad Wahidur Rahman and others………………&hell...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..Category: Property Law | Date: | Hits: 64
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