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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   ...... 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......e 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)

....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   ......loki Nath Khosa and others, AIR 1174 SC1; State of Assam and others Vs. Kanak Chandra Dutta, AIR 1967 SC 884. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam and Rokanuddin Mahmud, Advocates-For Petitioner. K.A. Bokr, Attorney General, with M M. Haque, Assistant Attorney Gene......d to- The State of Jammu and Kashmir Vs. Triloki Nath Khosa and others, AIR 1174 SC1; State of Assam and others Vs. Kanak Chandra Dutta, AIR 1967 SC 884. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam and Rokanuddin Mahmud, Advocates-For Petitioner. K.A. Bokr, Attorney ......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)

....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. ......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......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)

....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.     ...... 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......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)

....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.   ......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......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—For the Appellant. Sultan Ahmed with Met. Roushan Ali—For the Respondent. Appeal from original decree No. 161 of 19......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.   ..

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)

.... 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. ......; 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......Gounder, AIR 1971 (SC)231 ; Usif Patel Vs. Crown, (1955) 7 DLR (SFC) 385 ; Federation of Pakistan Vs. Tamizuddin Lhan, (1955) 7 DLR (FC) 291;Golam Zamin Vs. A.B. Khandker, (1964) 16 DLR 486; Mir Ahmed Nawaz Khzn Vs. Superintendent, (1966) 18 DLR (SC) 338; Md. Yusuf Vs. Chief Settle, & Reh. ...... 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)

....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. ......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.............................Respondent Judgment July 29, 1976. Result: The appeal is allowed. Cases Referred to- Colonial Sugar Refining Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC); Quilter, (1882) 9 QBD 672 (CA); Smith, (1901) AC 297, 305; West, (191......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

Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)

....al is dismissed, but having regard to the facts and circumstances of the case and the question involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ......int Employees Union, 25 D.L.R. (S.C.) 85; Pakistan Tobacco Company Ltd. Vs. Pakistan Tobacco Company Employees Union Dacca 13 DLR (S.C.) 280 PLD 1961 (S.C.) 403. Lawyers Involved: T. Islam, Advocate, instructed by Zinnur Ahmed, Advocate-on-Record—For the Appellant. Mozammel Huq......(S.C.) 85; Pakistan Tobacco Company Ltd. Vs. Pakistan Tobacco Company Employees Union Dacca 13 DLR (S.C.) 280 PLD 1961 (S.C.) 403. Lawyers Involved: T. Islam, Advocate, instructed by Zinnur Ahmed, Advocate-on-Record—For the Appellant. Mozammel Huq Senior Advocate, instructed by......al is dismissed, but having regard to the facts and circumstances of the case and the question involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ..

Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137

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

....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. ......nce of East Pakistan, 25 D.L.R. 304; Sevrracht Vs. Van Udens Scheepvart Agentuur Mastschappij (N. V. Gebr), 1943 Appeal Cases 203. Lawyers Involved: Khandkar Mahbubuddin Ahmad, Advocate instructed by A. Rab II, Advocate-on-Record—For the appellants (In both the appeals). ......y territory' means a person voluntarily residing in enemy territory. 13. We now turn to the expression a "alien enemy" in section 83 of the Civil Procedure Code. Mr. Khandkar Mahbubuddin Ahmed submits that alien enemy means a foreign na­tional who is an enemy. He says, it does not inc......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. ..

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

Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)

....es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ...... Vs. Metro­politan Railway Company, 1877 (2) Appeal Cases 666; Muhd. Sagir Bhatti & Sons Vs. Federation of Pakistan, (1968) 10 DLR (SC) 169. Lawyers Involved: M. H. Khandker, Senior Advocate, with B.B. Roy Chowdhury and B.K. Das, Advocates, instructed by S.M. Huq, Advocate-on-Recor...... Lawyers Involved: M. H. Khandker, Senior Advocate, with B.B. Roy Chowdhury and B.K. Das, Advocates, instructed by S.M. Huq, Advocate-on-Record—For the Appellant. Khandker Mahbubuddin Ahmed, Advocate, with Md. Shafiqur Rahman, Advocate, instructed by A. Rab-II, Advocate-on-Record&mda......es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ..

Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352

Karnaphuli Rayon and Chemical Ltd. Vs. Collector of Central Excise & Land Customs, East Zone, Chitttagong & another, 1975, 4 CLC (AD)

.... constitution. In the result, there being no substance in the appeal it is dismissed without any order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 72. ............................Respondents. Judgment November 20, 1975. Result: The appeal is dismissed. Lawyers Involved: Muhammad Habibur Rahman, with A. K. Khan, Advocates, instructed by A. Backkar, Advocate-on-Record—For the Appellant. Mahmudul Islam, As...... constitution. In the result, there being no substance in the appeal it is dismissed without any order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 72. ...... constitution. In the result, there being no substance in the appeal it is dismissed without any order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 72. ..

Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149

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

....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       ......4 under sections 146/302/34B.P.C. and P.O. 50/72. The petitioners on 12-2-75 moved this Court for quashing the proceedings and obtained the present Rule. 3. Mr. Abdul Hye Chowdhury, learned Advocate appearing for the petitioners has contended that the proceeding in the instant, case where ......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       ......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       ..

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

Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh, 1975, 4 CLC (HCD)

.... The Rule is, accordingly, 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) 597 ......ellip;………...............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, ......gned order dated 12.3.73 has been passed without lawful authority and is of no legal effect. The Rule is, accordingly, 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) 597 ...... The Rule is, accordingly, 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) 597 ..

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

Md. Shahabuddin Vs. Board of Trustees of the Dacca Improvement Trust represented by the Chairman, D.I.T., D.I.T. Buildings, Dacca, 1975, 4 CLC (HCD)

....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       ......p;Respondents  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 No...... in: 27 DLR (1975)(HCD) 649       ......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       ..

Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1

Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)

....tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550   ......bsp; Judgment August 14, 1975 Result: The application is rejected. Lawyers Involved: Abdul Hye Choudhury with Shah Mohammad Sharif and Mohammad Ayub, Advocates- For the Petitioner Sirajul Huq with M.A. Baqui Mallik, Advocates - For addition......is Case is also Reported in: 27 DLR (HCD) (1975) 550   ......tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550   ..

Category: Administrative Law | Date: 14 Aug, 1975 | Hits: 1

M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)

....or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76.  ......as R. Kisson Prim Vs. Kishori Girm, AIR 1954 Orissa 254; Pakistan Indus­trial Development Corporation Vs. Aziz Quroshi, PLD 1965 Karachi 202. Lawyers Involved: H, Rahman Sharif, Advocate, Supreme Court, instructed by S. M. Huq, Advocate-on-Record—For the Appellant. ......or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76.  ......or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76.  ..

Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240

The College of Music Vs. Secy. Revenue Depart¬ment, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others, 1975, 4 CLC (HCD)

....s order. In the result the rule is discharged without any order as to cost. Shahabuddin Ahmed J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 487   ...... discussed religious prohibition against the establishment of a school of music and referred to certain principles from the religious books and authorities. 2. Mr. Mirza Golam Hafiz, the learned Advocate for the petitioner, has assailed the validity of this order on three grounds namely, '(......gree. This Case is also Reported in: 27 DLR (HCD) (1975) 487   ......s order. In the result the rule is discharged without any order as to cost. Shahabuddin Ahmed J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 487   ..

Category: Property Law | Date: 30 Jul, 1975 | Hits: 3

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.   ....... The earlier application filed on 8.7.75 was rejected by me on 9.7.75 as being not in order and a fresh application, that is the present one was filed on 10.7.75. 2. Mr. Moinul Huq, the learned Advocate appearing on behalf of the petitioner has submitted that the only point for consideration b......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.   ......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.   ..

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

Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)

....rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594    ......r otherwise of a huge number of ballot papers and submitted his report to this effect. The report was accepted by the Tribunal by its impugned order dated 31.8.74. 2. Mr. Moinul Huq, the learned Advocate appearing for the petitioner has seriously assailed the impugned order raising three conten......e. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594    ......rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594    ..

Category: Election Law | Date: 7 Jul, 1975 | Hits: 3

M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)

.... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566   ......a question of law and the same also does not arise out of the order of the Appellate Tribunal. Unfortunately the original copy of the said reply is mis-placed and could not be traced out. The learned Advocate appearing for the Commissioner supplied a plain copy of the reply which had been duly serve...... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566   ...... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566   ..

Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2