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Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)

....he certified copy of the order has been annexed to the petition as annexure E. The petitioner thereafter moved this court for quashing and obtained the present rule. 3. We have heard the learned Advocate in support of the rule and have perused the records of the case. The petitioner has been ch......preme Court High Court Division (Criminal RevisionalJurisdiction) Present: A.R. Chowdhury J M. A. Khaliq J Mainuddin Khan................................Petitioner Vs. State................................................Opposite party Judgment Apr......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ..

Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1

M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)

....nt 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. Moztmm......ssain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhatiachaya J M/s. Shamim & Co………………………................Appellant Vs. The Commissioner of Income Tax Dacca Zone....Respondent Judgment April 19, 1977. ......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. ......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. ..

Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157

Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another

....ithin the meaning of the Code of Civil Procedure and is competent to entertain application under Order IX, rule 13 of the Code of Civil Procedure. 4. Mr. Niazmuddin Haider, the learned Advocate appearing for the petitioner submits that Labor Court is a Civil Court because, it is cloth...... (Special Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J Khulna Tobacco Industries Limited…………………Petitioner Vs. Chairman, Labour Court, Khulna and another……………….......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331.   ......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331.   ..

Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2

Nazir Ahmed Vs. Bangladesh Jute Industries Corporation represented by its Chairman, 1977, 6 CLC (HCD)

....ted an explanation oh 14.2.74 as he was asked for and requested the Corporation to exonerate him from any offence that he might have committed. After waiting for sometime the petitioner's learned Advocate sent a demand of justice notice to the respondents on 17.3.74 by a telegram requesting with......   ...... In view of the above, the Rule is discharged. We do not make any order as to costs. Ed. Rahul Islam J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 196   ...... In view of the above, the Rule is discharged. We do not make any order as to costs. Ed. Rahul Islam J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 196   ..

Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2

M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)

..../s. M. Sarkies and Son..............Respondent Judgment March 21, 1977. Result:   The appeal is dismissed. Lawyers Involved: T. K. Khan, Senior Advocate instructed by A. S. M. Shamsuzzaman, Advocate-on-Record- For the Appellant. Ism...... (Civil) Present: Ahasanuddin Choudhury J Kemaluddin Hossain J Fazle Munim J M/s. Jamal Jute Baling and Co..........Appellant Vs. M/s. M. Sarkies and Son..............Respondent Judgment March 21, 19......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in:    ......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in:    ..

Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320

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

....ing. The Learned Additional Sessions Judge who heard the matter rejected the prayer and then the petitioners moved this Court and obtained the present Rule. 3. Mr. Mirza Golam Hafez, the learned Advocate appearing for the petitioners has argued that the learned Sub-divisional Magistrate having ...... 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)

....owed in part. 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)......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.         ......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.         ..

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

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

....o the land transferred. On appeal by the transferee, the learned. Subordinate Judge upheld the judgment and order of the learned Munsif. Hence this present Rule. Mr. Md. Abdul Haque, the learned Advocate, appeared in support of the Rule and Mr. M. Behter Ali appeared on behalf of the opposite p......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.     ......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.     ..

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)

....A.I.R. 1959, 881; Maharana Mills (P) Ltd., Vs. Income-tax Officer Por Ban­dar (1959) Supple 2 S.C. 547; A.I.R. 1959 (S.C) 881. Lawyers Involved: Latifur Rahman, instructed by A. Rab-II, Advocate-on-Record-For the Appellant. Mozammel Huq Bhuiyan, Advocate, instructed by S.S. Hoda, ......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)

.... the Government decided to exercise its option under Sub-Section (2) of Section 9 instead of taking an action under section 10 of the Act. 4. Syed Manzurul Ahsan, the learned Advocate appearing for the petitioner strenuously argued that the impugned order of compulsory retir...... 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   ......capacity of Inspector of Food (Block Inspector); and that while he was discharging his duties as Inspector of Food he received Memo No. T.Ju 580 dated 16th March, 1974 with a statement that one Tapan Kumar Dey, S.I. Food along with the petitioner alleged to have delivered 280 mounds of wheat in 123 ..

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

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

.... the Government decided to exercise its option under sub-section (2) of section 9 instead of taking an action under section 10 of the Act. 4. Syed Manzurul Ahsan, the learned Advocate appearing for the petitioner strenuously argued that the impugned order of compulsory retir...... 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.   ......capacity of Inspector of Food (Block Inspector); and that while he was discharging his duties as Inspector of Food he received Memo No. T.Ju 580 dated 16th March, 1974 with a statement that one Tapan Kumar Dey, S.I. Food along with the petitioner alleged to have delivered 280 maunds of wheat in 123 ..

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)

....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. Saadat Ali Khan—For the Respondents...... (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. ......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. ..

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

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

....essres 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, Advocate-on-Record-For the Appellant. Moudud Ahmed, Advocate, instructed by S.S, Hoda Advocate-...... 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. ......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. ..

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

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

.... another..................Respondents Judgment 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,...... 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)

.... here thus  there raises a question of doubt in the prosecution and benefit of this defect would go to the appellant………(5) Lawyers Involved: A. B. M. Knairul Hoque Advocate—For the Appellant. A.T.M Afzal, Dy. Attorney General—For the State. C......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   ......ridges and a cycle chain, material exts. 1, 2 and 3 and one five battery torch light from the possession of acquitted accused Sibu Chandra. P.W. 1 seized the articles in presence of witnesses Sontosh Kumar Dutta and another person Shamsuzzaman Akon. Then he took the accused person to the nearby than..

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

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

....lip;…………………….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, Assistan...... 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. ......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. ..

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

Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)

.... the defendant company, the learned Subordinate Judge reversed the decree of the learned Munsif and dismissed the suit. Hence this second appeal by the plaintiff. Mr. Md. Nurul Huda, the learned Advocate appeared on behalf of the appellant and Mr. A K M Siddique, the learned Advocate appeared o...... Court High Court Division (Civil Appellate Jurisdiction) Present: Abdul Wadud Chowdhury J Abdul Majid................................................Plaintiff-Appellant Vs. Bata Shoe Company through its Provincial Controller, Defendant.......Respondent Judgme......r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262.     ......r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262.     ..

Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3

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)

....n. Mr. Sultan Ahmed, the learned Deputy Attorney General appearing on behalf of defendant-respondent supports the finding of the learned Subordinate Judge on this point. But Mr. S.C. Das, the learned Advocate appearing on behalf of plaintiff-appellant contends before us that the plaintiff supplied t......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.   ......er Vs. Anath Nath Mirtta and another (1949) 1 DLR (F.C.), 109; Henry Ramsden and two others Vs. S. M. Fail Co. P L D 1964 (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. ..

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)

....; Kunnathat Thathunni Moopil Vs. State of Kerala AIR 1961 (SC) 559. Lawyers Involved: K.A. Bakar, Attorney-General with Quasi Shafiuddin, Assistant Attorney-General Instructed by M.R. Khan, Advocate-on-Record—For the Appellants (In all the ap­peals). Faqeer Shahabuddln Ahmed......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. ...... 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. ..

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

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

....urisdiction to enter sin appeals from the judgments or sentences passed by the Special Tribunals if the same were not pending, before it on July 29, 1974? 9. Mr. Muhammad Abdur Rouf, the learned Advocate appearing on behalf of the appellant submits the following reasons-(1) Right of appeal bein......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. ......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. ..

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