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Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....nst the judgment of the lower appellate Court affirming the judgment of the trial Court decreeing the plaintiff's suit for declaration of title and confirmation of possession of the disputed suit land. According to the plaintiffs the disputed jot belonged to one Kasimuddin and Imaruddin bei......his Case is also Reported in: 30 DLR (HCD) (1978) 407. ...... instituted at the instance of the plaintiff for declaration of title and confirmation of possession of the suit land. 2. The defendants No.1 and 6 contested the plaintiff's suit contending that Kasimuddin alone held the disputed jot under one Meharuddin by a registered kabulyat. Imaruddin ...... Cases Referred to- 26 CWN 65; AIR. 1940 (Cal) 589; AIR 1941 (Sind) 5; 3 DLR 305; 5 DLR 38 , 7 DLR 94; 21 DLR (SC) 444. Lawyers Involved: Md. Fazlul Karim with Mohbubey Alam—For the Appellants. Ismailuddin Sarkar—For Respondents No. 1, 2 & 1. Appeal from ..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
.... 2. Tahrul Karim alias Tuhurul Karim Khan Chowdhury filed an application under section 96(1) of the Act for pre-empting transfer dated 20.1.69 on the assertion that he is a tenant holding land contiguous to the and transferred. In this application as many as 9 persons including the pre-e...... (Civil Revisional Jurisdiction) Present: Ranadhir Sen J Tahurul Karim @ Tahurul Karim Khan Chowdhury………………Petitioner Vs. Abdul Hashim and others…………………………&hel...... referred to as the Act. 2. Tahrul Karim alias Tuhurul Karim Khan Chowdhury filed an application under section 96(1) of the Act for pre-empting transfer dated 20.1.69 on the assertion that he is a tenant holding land contiguous to the and transferred. In this application as many as 9 ......thers Vs. Mohammad Shoukat Ali Biswas & others 52 C.W.N. 95.;Munshi Tamijuddin Howlader & others Vs. Altafuddin Monday and others, 20 DRL 90.1 Lawyers Involved: Rafiqul Islam—For the Petitioner. Civil Revision Nos. 262-263 of 1974. Judgment Ranadhir Sen J.- The..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
.... such highhandedness, if allowed to go unchecked will bring slur on the good name of the Government. The petitioner as the citizen of a free country is entitled Jo due protection under the law of the land. It is the inalienable right of a citizen that he cannot be deprived of his life and liberty ex.......................................Opposite party Judgment April 19, 1977 Result: The Rule is made absolute. Lawyers Involved: Mirza Golam Hafiz with Mr. Md. Abdul Aziz—For the petitioner. No one—For opposite party. Judgment Abdur Rahman Chowd......of an application for quashing the proceedings in C.R. case No. 98 of 1976 pending in the court of Sub-divisional Magistrate, Sadar, South, Barisal. 2. Facts leading to this rule, in brief, are that the petitioner was the proprietor of a firm named, M/s. Bangladesh Decorators situated in Barisa..................................Opposite party Judgment April 19, 1977 Result: The Rule is made absolute. Lawyers Involved: Mirza Golam Hafiz with Mr. Md. Abdul Aziz—For the petitioner. No one—For opposite party. Judgment Abdur Rahman Chowdhury ..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......ellip;……................Appellant Vs. The Commissioner of Income Tax Dacca Zone....Respondent Judgment April 19, 1977. Result: The appeal is allowed. Case Referred to- Radha Shyam Agarwala (1960) 12 DLR (SC) 25. Lawyers Involved: Rafiq-...... This Case is also Reported in: 30 DLR (AD) (1978) 158. ......ndent Judgment April 19, 1977. Result: The appeal is allowed. Case Referred to- Radha Shyam Agarwala (1960) 12 DLR (SC) 25. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate, instructed by Abu Backkar, Advocate on Record—For the appellant. A. K M. Moz..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....e defendant, along with other reliefs. In the suit it was stated, inter alia, that Haji Mohammad Suruj Miah was the owner of the Vessel "M L. Jalamoni" who was carrying on his business of Inland Water transport under the name and style of Pioneer Navigation Company. Plaintiff respondent No......t Division (Admiralty Appellate Jurisdiction) Present: Ruhul Islam CJ M.H Rahman J Owner and parties interested in the Vessel M.L. "Madina", the Owner being Abul Hashem…...........................Appellant, (In Appeal No.12 of 1967 and Respondents in Appea......ssel, by virtue of the letter of abandonment by the insured, instituted the suit for a decree for Rs. 73,311/- against the defendant, along with other reliefs. In the suit it was stated, inter alia, that Haji Mohammad Suruj Miah was the owner of the Vessel "M L. Jalamoni" who was carrying ...... Case Referred To- Bai Vashibai and another Vs. The Scindia Steam Navigation Co. Ltd. A.I R. 1961 Bom. 200 Lawyers Involved: Syed Azizul Huq with Sultan Hoisain Khan, Advocates—For the Appellant, (In Appeal No.12 of 1967 and Respondents (In Appeal No.1 of 1968). Md. Joynal..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
.... a proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act. 2. The case of the pre-emptors in Miscellaneous Case No.234 of 1966 was that they were owner of the land contiguous to the land under pre-emption. The same was sold by the opposite party No. 5 of that......;……Opposite Parties Judgment March 8, 1977. Result: The Rule is made absolute. Lawyers Involved: Md. Abdul Hague- For the Petitioner M. Behter Ali—For Opposite Party Nos.1-9. M.H. Khandker, B.N. Chowdhury and Mahmudul Islam—Amicus C......isdiction) Present: Abdul Wadud Chowdhury J Taferuddin Pramanik……………………………Petitioner Vs. Tahmina Khatun and others…………………Opposite Parties Judgme......s…………………Opposite Parties Judgment March 8, 1977. Result: The Rule is made absolute. Lawyers Involved: Md. Abdul Hague- For the Petitioner M. Behter Ali—For Opposite Party Nos.1-9. M.H. Khandker, B.N. Cho..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
.... In this application the petitioner has made the grievance that about the legality of the Order dated 22nd September, 1973 passed by the Additional Deputy Commissioner, Dacca purporting to resume the land in holding No. 118, Segun Bagicha, P.S. Ramna, Dacca on cancellation of the lease and forfeitin......lip;……………Respondents Judgment February 3,1977. Result: The Rule is made absolute. Lawyers Involved: M. H. Khandker with M. B. Rahman–For the Petitioner. Mostafa Kamal, Advocate-General with Quazi Shafiuddin Ahmed and A. H. M......der Article 102(2) (a) and (ii) of theConstitutionof the People's Republic of Bangladesh. Judgment Ruhul Islam CJ.– In this application the petitioner has made the grievance that about the legality of the Order dated 22nd September, 1973 passed by the Additional Deputy Commi......hellip;…………Respondents Judgment February 3,1977. Result: The Rule is made absolute. Lawyers Involved: M. H. Khandker with M. B. Rahman–For the Petitioner. Mostafa Kamal, Advocate-General with Quazi Shafiuddin Ahmed and A. H. Md. Sa..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....llenged two orders—one Contained in a Notification dated 6.1.1972 issued by the Ministry of Communication and another dated 23.10.1973 made by the Deputy Secretary, Ministry of Shipping, Inland Water Transport and Aviation, Government of the People's Republic of Bangladesh. ......and others…………………………..…Respondents Judgment January 27, 1977. Result: This appeal is dismissed. Cases Referred to- M/s. Khan Bros. (1975) 27 DLR 423; M/s. Helal Jute Press Ltd. (1975) 27 DLR 5......73 made by the Deputy Secretary, Ministry of Shipping, Inland Water Transport and Aviation, Government of the People's Republic of Bangladesh. 2. The case of the Respondents 1 and 2 is that there are six partners of the firm M/s. Speed Bird Navigation and Co. All the partners are citiz......os. (1975) 27 DLR 423; M/s. Helal Jute Press Ltd. (1975) 27 DLR 551; Govt. of Bangladesh vs. Messres A. T. J. Industries Ltd. and others,(1976) 28 DLR 120. Lawyers Involved: K. A. Bakr, Attorney-General with Abdul Wadud Bhuiyan, Assistant Attorney General, instructed by B. Hossain, Advoca..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....re entitled to a certificate under Section 20(4) of the East Bengal State Acquisition and Tenancy Act, 1950 (hereinafter referred as to "the Act") enabling them to retain possession of land in excess of the limit specified in section 20 (2) is hit by section 2 of the President's O....... Civil Appeal No.38 of 1976. (from Civil Revision No.776 of 1973). Judgment Fazle Munim J. - This appeal is against the judgment and order of a Bench of the High Court Division passed in Civil Revision No.776 of 1973. 2. The only question involved in this appeal is whethe......s also Reported in: 30 DLR (AD) (1978) 123. ...... January 20, 1977. Result: The appeal is allowed. Lawyers Involved: Md. Fazlul Karim with S.S. Haldar and A.Y. Musiuzzaman, Advocates instructed by B.C. Pandey, Advocate-on-Record-For the Appellant. Sultan Hossain Khan, Deputy Attorney General with Md. Ismailuddin Sarkar..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)
....e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405 ...... Result: The appeal is allowed. Question of Doubt or Presumption under section 114(g) of the Evidence Act- As the petitioner witness were not examined and no explanation was given for his non examination, presumption under section 114(g) of the Evidence Act is ......der Article 2(4)(a)(1) of P.O. 50 of 1972 sentencing the appellant to 7 years rigorous imprisonment and a fine of Tk. 500/- in default R. I. for 6 months . 2. The prosecution case, in short, is that on 27.2.73 on receipt of secret information police and law enforcing agencies watched the moveme......llip;…………………………..Respondent Judgment December 15, 1976. Result: The appeal is allowed. Question of Doubt or Presumption under section 114(g) of the Evidence Act- As the petitioner witness we..Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
.... the Court of sub-Divisional Officer (South), Dacca against the appellant to the effect that he withdraw compensation money amounting to Tk. 37,147/50 awarded for acquisition of certain plots of land in Land Acquisition Case No.20 of 196061 without any knowledge and permission of the Administra...... of 1972) Judgment Mahmud Husain CJ. - This appeal by special leave is from the judgment and order of the High Court Division dated 15-11-73 in Criminal Revision No.63 of 1972 refusing to quash the order of commitment dated 20-3-72 passed by the Magistrate, 1st Class, Sadar (S), Dacca in G...... This Case is also Reported in: 30 DLR (AD) (1978) 127. ......llip;……………….Respondent Judgment December 6, 1976 Result: The appeal is dismissed. Lawyers Involved: A. Rab II. Advocate-on-Record-For the Appellant. K. A. Bakr, Attorney General, with A.W. Bhuiyan, Assistant Attorney Gene..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
....ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
...... Jurisdiction)
Present:
Sayed Mohammad Mohsen Ali J
Faizul Islam Chowdhury J
Shaw and Co., Lakshmi Shaha Road, Chittagong ................Appellant
Vs.
The Province of East (Now the People's Republic of Bangladesh) and
others............................Re...... East Bengal and flow it is Bangladesh. The other defendants numbering 5 were officers serving in the then Province of Bengal in different capacities.
2. The case of the plaintiffs in brief was that it was a registered firm and had been carrying on whole-sale and retail business of cotton goods......64 (W P) Karachi 290; Alep Shah Fakir Vs. Muhammad Amud Ali Munshi 7 D.L.R. 603; Kumar Pramath Nath Roy Vs. Nawabzada Syed Ali Mirza and others 2 D.L.R. 319; Province of Bengal Vs. Board of Trustees for Improvement of Calcutta AIR 1946 Cal. 416.
Lawyers Involved:
S. C. Das with Zahir Ahem&..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....representations to the Government against the imposition of the price differential stating that the Government was not entitled to impose it. They also object to the method of calculation of the landed Cost and the price differential. Further, Government's attention was drawn to the fa...... Chowdhury J Debesh Chandra Bhattacharya J FKMA Munim J Controller of Imports & Exports, Govt. of Pakistan (Now Bangladesh) and others..................Appellants (In all the cases) Vs. Adamjee Jute Mills Ltd. Dacca and others.......Respondents (In Civil Appeal No. ......costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......0 DLR (AD) (1978) 283. ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....ther in the Defence of Pakistan Rules or the Civil Procedure Code. The expression however has now acquired a legal connotation. Its authoritative exposition is to be found in Halsbury's Laws of England, The exposition has been cited an authority in several well recognised decisions. We, therefor...... Appellate Division (Civil) Present: Syed A. B. Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Gurudas Saha............Appellant (In Civil Appeal No. 61-D of 1970). Monoranjan Saha............ Result: Appeals are dismissed. Cases Referred to- Gour Chandra Saha Vs. Vice Chairman East Pakistan Enemy Property, 21 D.LR. 535; M.M. Mansur Ali Vs. Arobinda Shekhar Chatterjee, 21 D.L.R. (S.C.) 20; Berkshire Country Council Vs. Reading Borough Council, 1921 (......ahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Gurudas Saha............Appellant (In Civil Appeal No. 61-D of 1970). Monoranjan Saha.............Appellant (In Civil Appeal No. 62-D of 1970). Vs. Deput..Category: Property Law | Date: 7 May, 1976 | Hits: 55
....
"Cellophane, a thin film of regenerated cellulose, usually clear and transparent, used primarily as a flexible packaging material. While the word "Cellophane" is a trade mark in England, France, Canada and many other countries, in the United States it became, by court decision......aluddin Hossain J
Debesh Chandra Bhattacharya J
Karnaphuli Rayon and Chemical Ltd... .........................Appellant.
Vs.
The Collector of Central Excise & Land Customs, East Zone, Chitttagong & another……..........................Respondents.
Judgment ......28 DLR (AD) (1976) 72.
......ain CJ
Ahsanuddin Choudhury J
Kemaluddin Hossain J
Debesh Chandra Bhattacharya J
Karnaphuli Rayon and Chemical Ltd... .........................Appellant.
Vs.
The Collector of Central Excise & Land Customs, East Zone, Chitttagong & another……..................
Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149
....;For Respondent No. 2.
Writ Petition No. 573 of 1974.
Judgment
Fazle Munim J. — This Rule was directed against an order dated 12. 3. 73 passed by the government by which the lands in question; were withdrawn from acquisition under section 8B of the Emergency Requi......p;……...............Respondents
Judgment
September 2, 1975.
Result:
The Rule is made absolute
Lawyers involved:
M. H. Khandaker with Abdul Aziz, Advocates—For the Petitioner.
Serajul Huq with Amir Hossain Khandaker and M. G. Bhuiyan, Advocates&md......try of Works Memo No. (CS-XV)3P-3/73/420E dt. 4th April, 1974 copy endorsed to him. In accepting the undertaking, given by Mr. Mahmud Nurul Huda, Mutawalli, K. B. A. Aziz Waqf Estate it is requested that necessary action may kindly be taken to withdraw from acquisition vide L. A. Case No. 21/55-66, ......inal Jurisdiction)
Present:
Fazle Munim J
Shahabuddin Ahmed J
Abdul Mannan................................Petitioner
Vs.
Ministry of Land Administration and Land Reforms,
Govt. of Bangladesh…………...............Respondents
Judgme..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
......s
Judgment
August 28, 1975
Result:
The Rule is made absolute.
Lawyers Involved:
Ahmed Sobhan with Md. Fazlul Karim and Tamijul Huq, Advocates—For Appellant
Md. Shamsul Huq Choudhury, Advocate—For Respondents Nos. 1 and 2.
......o co-operate in settling the matter.
Sd/- Illegible.
Asstt. Estate Officer(S)
Dacca Improvement Trust.
16. 4. 74.
From this notice the petitioner came to learn that the space in question had already been allotted to respondent No. 3. In the affidavit-in-opposit......p;
Judgment
August 28, 1975
Result:
The Rule is made absolute.
Lawyers Involved:
Ahmed Sobhan with Md. Fazlul Karim and Tamijul Huq, Advocates—For Appellant
Md. Shamsul Huq Choudhury, Advocate—For Respondents Nos. 1 and 2.
..
Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
....ting aside the order of requisition of the property in dispute dated 15-8-68 should not be declared to have been passed without lawful authority. The property in dispute which stands on two bighas of land with building thereon was requisitioned under section 3 of the East Bengal Emergency ......ty Commr, Dacca & 4 others..............Respondents
Judgment
July 30, 1975.
Result:
The rule is discharged
Lawyers Involved:
Mirza Golam Hafiz, with Md. Abdul Aziz—For the Petitioner.
M.M. Haque, A.A.G.—For Respondent No. 1 and 2.
Ahmed Subhan ......further ordered the requisitioned property should be restored to the respondents who were its owners. He recorded among others the following findings:
“On perusal of the records it appear that the notice of requisition has not been duly served as required under section of the East Bengal ......mmr, Dacca & 4 others..............Respondents
Judgment
July 30, 1975.
Result:
The rule is discharged
Lawyers Involved:
Mirza Golam Hafiz, with Md. Abdul Aziz—For the Petitioner.
M.M. Haque, A.A.G.—For Respondent No. 1 and 2.
Ahmed Subhan with ..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
....65) 3 H & C 596 at 601; Barkway Vs. Southwales Transport (1950) 1 A.E.R. 392; Woods Vs. Duncan and others (1946) A. C. 401 (H. L.); Walsh Vs. Holst & Co. Ltd. and others (1958) 3 A.E.R. 33; Rylands Vs. Fletcher; West Vs. Bristol Tramway Co. (1908) 2 K.B. 14; M'Alister (or Donoghue) Vs. S....... Bhattacharya J
A.S. Faizul Islam Choudhury J
Abdul Awal and others…………………………….Appellants
Vs.
Mofasiluddin Ahmed and others……………Respondents
Judgment
Apr...... is also Reported in: 27 DLR (HCD) (1975) 628
......pondents
Judgment
April 30, 1975
Result:
The appeal is allowed.
Cases Referred to-
Goverdhan Vs. Maruti A.I.R. 1915 Nagpur Page 4; Kosaraju Peda Subabyya and others Vs. Moraranemi Veerayya and others A.I.R. 1935, Madrass 750; Seth Devendra Kumar Vs. Mrs. Nirmal Bai, A.I..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ......Petitioner Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another….....Respondents Judgment April 24, 1975 Result: The Rule is made absolute. Cases Referred To- Farquharson Vs. Morgan, Queen’s Beach Division (1), 1894, 552 at page 5......sh; This Rule is directed against an order of Award dated 31. 8. 73 passed by the Court of Tribunal constituted under the President's Order No. 13 of 1972. 2. The facts, shortly stated, are that the petitioner who is owner in possession of the holding No. 730 (New) being No. 740 (old) of Mo......n the Court of Tribunal Judge, Ctg. & another….....Respondents Judgment April 24, 1975 Result: The Rule is made absolute. Cases Referred To- Farquharson Vs. Morgan, Queen’s Beach Division (1), 1894, 552 at page 558; Lord Denman in Bodenham Vs. Rickets;..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
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