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Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)

.... J Mohd. Habibur Rahman J Md. Sharif and others …………………………..Petitioners Vs. M. Baharuddin Chowdhury and the State.............Opposite Parties Judgment March 9, 1977. Result: The rule is ...... Present: Abdur Rahman Chowdhury J Mohd. Habibur Rahman J Md. Sharif and others …………………………..Petitioners Vs. M. Baharuddin Chowdhury and the State.............Opposite Parties Judgment Marc......ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ......ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ..

Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1

Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)

....ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ......ties interested in the Vessel M.L. "Madina", the Owner being Abul Hashem…...........................Appellant, (In Appeal No.12 of 1967 and Respondents in Appeal No.1 of 1 968.) Vs. Owners of the Vessel "M.L. Jalamani" Haji Mohammad Suruj Miah and anther….......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ......evidence of P. W.s 1 and 2 we get the necessary informations as to time, place and manner of the accident. 14. As against the evidence of these two witnesses the defendant examined D.W. 2 Master Ali Akbar, who was the Master of Steamer Ostrich; D.W.3 Hiran khan, Sareng; D.W.4 Abdul Latif, Sukha..

Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4

Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)

....peal No.106 of 1968 affirming those passed by the learned Munsif, 1st Court, Kushtia, in Miscellaneous Case No.234 of 1966 and arises out of 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 ......vil Revisional Jurisdiction) Present: Abdul Wadud Chowdhury J Taferuddin Pramanik……………………………Petitioner Vs. Tahmina Khatun and others…………………Opposite P......circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417. ......hellip;……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—Am..

Category: Property Law | Date: 8 Mar, 1977 | Hits: 3

Pakistan River Steamers Ltd. Vs. Commissioner of Income-tax, Dacca Zone and another, 1977, 6 CLC (AD)

....ecision of the Guzrat High Court in the case of Karsandes Bhagwan Das Fatal Vs. G.V. Shah, Income-tax Officer, Rajkot (1975) 98 ITR 255 and a decision of the Supreme Court of India in the case of the State of Madras Vs. Madurai Mills Co. Ltd. (1967) 19 Sales Tax Cases 144. 6. The Single Judge d......resent: Syed ABM Husain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Muaim J Pakistan River Steamers Ltd......................................Appellant Vs. Commissioner of Income-tax, Dacca Zone and another……...Respondents Judgm...... writ under the Constitution was not maintainable. The result, therefore, is that the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 260. ...... writ under the Constitution was not maintainable. The result, therefore, is that the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 260. ..

Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173

Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....Republic of Bangladesh and others…………..Respondents Judgment February 9, 1977. Result: The rule is discharged. Cases Referred to- Shyamlal Vs. State of Uttar Pradesh and another A.J.R. 1954 S.C. 369.; Parshotam Lal Dhingra Vs. Union of India P...... Present: Ruhul Islam CJ Abdul Momith Chowdhury J Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others……&hellip......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1

Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....t matter of the supreme law-making body, to regulate the time of retirement of the government servants. How long the public servant would be continuing in service, is a matter to be determined by the State…………….(7) It is true that the petitioner being in servi...... High Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ AM Chowdhury J Abdur Rashid..................................................Petitioner Vs. Govt. of Bangladesh.........................................Respondents Judgment ......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ..

Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5

M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)

....e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ...... (Special Original Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another……………………&hell......e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ......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. Saadat Ali Khan—For the Respondents. Writ Petition No. 495 of 1974. In the matter of an ap..

Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3

Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)

....Bangladesh or whose whereabouts are not known or who has ceased to occupy, supervise or manage in person his property, including— (i) any property owned by any person who is a citizen of a State which at any time after the 25th day of March 1971, was at war with or engaged in military ope...... Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bangladesh and others……………..Appellants Vs. M/s. Speedbird Navigation Co. and others………………&he......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......f K.P. Mahmud. Subsequently, in 1965 it was turned into a partnership with 4 partners namely K.P. Mahmud having 10 annas share, Mohammad Kamal 2 annas share, Mohammad Ismail 2 annas share, and H Amir Ali 2 annas share. In 1970, however, the partnership was reconstituted by taking K.P. Akbar Ali and ..

Category: Others | Date: 27 Jan, 1977 | Hits: 217

M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)

.... of 1973. 2. The only question involved in this appeal is whether the suit by the appellant for a declaration that they are 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 th...... ABM Husain CJ A Chowdhury J Kemaludding Hossain J Debesh Chandra Bhattacharya J Fazle Munim J M/s. Farmers & Co....................................Appellant Vs. Govt. of Bangladesh and another..................Respondents Judgment January 20......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ..

Category: Property Law | Date: 20 Jan, 1977 | Hits: 62

Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)

.... Present: Badrul Haider Chowdhury J Siddique Ahmed Chowdhury J Nur Hossain & Nur Hossain Howlader…………………Appellant Vs. State……………………………&hellip......iction) Present: Badrul Haider Chowdhury J Siddique Ahmed Chowdhury J Nur Hossain & Nur Hossain Howlader…………………Appellant Vs. State…………………………&helli......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 ......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 ..

Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1

DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)

..... Bangladesh & others ……………..Respondents Judgment December 6, 1976. Result: The rule is made absolute. Case Referred to- The State of Jammu and Kashmir Vs. Triloki Nath Khosa and others, AIR 1174 SC1; State of Assam and other......ial Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Dr. Nurul Islam………………………Petitioner Vs. Bangladesh & others ……………..Respondents Judgment......petitioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12 ......petitioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12 ..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5

Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)

.... (Criminal) Present: ABM Husain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Shafiuddin Mia.........................................Appellant. Vs. The State……………………………&hellip...... Division (Criminal) Present: ABM Husain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Shafiuddin Mia.........................................Appellant. Vs. The State…………………………&h......our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......he present case with reference to the above test we find no ground to include ‘mutawalli' within section 21 of the Penal Code. 7. In the case of Mohammad Arif Vs. Mohammad Kawshar Ali (2) their Lordships considered whether the Nikah Registrar licensed under Ordinance 8 of 1961 is..

Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

....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. ......sion (Civil Appellate 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..........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. ...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 355. ..

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)

.... Stone, (1902) 187 U.S. 281; Shri Prithi Cotton Mills Ltd. Vs. Broach Borrough Municipality, AIR 1970 (SC) 192; Municipal Corporation Vs. New Shrock Spg., AIR 1970 (SC) 1292; Rai Ram Krishna Vs. State of Bihar, AIR 1963 (SC) 166; United Provinces Vs. Afiqa Ikgum, 1940 FCR 110; State of Tamil Na......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. 20-D of 196...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......D to 36-D, 42-D & 45-D of 1968.) Md. Jamlruddin Sircar, Advocate, S.C. instructed by S.S. Hoda, Advocate-on-Record-For the Respondent No.1 (In Civil Appeal No. 32-D of 1968). Md. Behter Ali, Advocate-on-Record-For the Respondent No. 2 (In Civil Appeal No. 20-D of 1968) S.S. H..

Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....l Islam J A. T. M. Masud J Amirul Islam Chowdhury J Abdul Wadud Chowdhury J A. M. Choudhury J Md. Nazimuddin...................................Appellant Vs. The State...........................................Respondent Judgment July 29, 1976. R......nt: Ruhul Islam J A. T. M. Masud J Amirul Islam Chowdhury J Abdul Wadud Chowdhury J A. M. Choudhury J Md. Nazimuddin...................................Appellant Vs. The State...........................................Respondent Judgment July 29,......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ...... by necessary implication. The Full Bench held that the question was settled by the above- mentioned decision of the Privy Council. 37. A Special Bench of the Calcutta High Court in Shaikh Sadai Ali Vs. Shaikh Dahmuddin, A.I.R. 1928 Calcutta 640 considered the effect of the amended Clause 15 of..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)

....fence of Pakistan Rules. The relevant Rule is 161 (b) and it may be stated as follows: "161. Definition—For the purpose of this part the expression enemy means: (a) any State, or Sovereign of a State, at war with (or engaged in military operations against) ...... 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. Deputy Custodian, Enemy Property (Lands & Buildings) & others............Res......ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ...... May 7, 1976. 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. Readi..

Category: Property Law | Date: 7 May, 1976 | Hits: 55

Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)

....n) Present: A. T. M. Masud J Amirul Islam Chowdhury J Hasan Ali Daftary & others…………………..….Appellant Vs. The State……………………………&hellip......l Jurisdiction) Present: A. T. M. Masud J Amirul Islam Chowdhury J Hasan Ali Daftary & others…………………..….Appellant Vs. The State…………………………&h......nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561 ......561 ..

Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2

Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)

....or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 655. ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Abdur Rahman Chowdhury J Jinnat Ali Muktear…………..Defendant/Appellant Vs. Abdul Majid……………………Plaintiff/Respondent......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 655. ......Case is also Reported in: 27 DLR (HCD) (1975) 655. ..

Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2

Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)

.... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ......igh Court Division (Civil Revisional Jurisdiction) Present: S.M. Mohsen Ali J Mst. Masuda Khatoon & others…………………Petitioners Vs. Maniruzzaman………………………&hellip...... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ......ssible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ..

Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1

Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus¬tody) Vs. The State, represen¬ted by Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Eden Bu¬ildings, Dacca, 1975, 4 CLC (HCD)

....diction) Present: Fazle Munim J Shahabuddin J Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in custody)......Petitioner Vs. 1. The State, represented by Secretary, Ministry of Home Affairs, Govt. ......Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin J Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in custody)......Petitioner Vs. 1. The State, represented by Secretary, Ministry of Home ......i be set at liberty at once. In the result, the rule is made absolute. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 517 ......LR (HCD) (1975) 517 ..

Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2

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