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Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)

....rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ...... Md. Aboo Abdullah Vs. The Province of East Pakistan, 12 DLR (SC) 211; Government of West Pak­istan Vs. Fida Muhammad Khan, 12 D.L.R. (S.C.) page 50; the High Court, Calcutta and another Vs. Amai Kumar Roy, AIR 1962 S.C. page 1704; Government of West Pakistan Vs. Fida Muham­mad Khan, 12 D.L.R. ......Division (Civil) Present: A. M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Governor, Bangladesh Bank & others…......Appellant (In all the Appeals). Vs. Shamsul Huda Khan and another……………..Respon­dents (In C.A. No. 26 of 1974). And ......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 87

Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)

....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......nt of the appellant to the Court of Sessions to stand trial on a charge under section 302/109 of the Penal Code. 2. The appellant Lutfun Nahar Begum along with three persons, namely, Sadhan Kumar Mali, Surid Chandra Das alias Suresh Chandra Das and Nagar Bashi Mali were committed to the ...... ......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..

Category: Criminal Law | Date: | Hits: 60

Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)

....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ...... Court Appellate Division (Criminal) A. M. Sayem CJ Syed A. B. Mahmud Husain J Abdullah Jabir J  Abdul Matin Munshi...............Appellant. Vs. Idris Pandiat and ors .............Respondents. Idris Pandit and others …......he story regard­ing the manner of occurrence and if so, in what way. Hence this contention is absolutely futile. 5. Mr. Abdur Rab, I invited our attention to the evidence, of P.W. 11 Dr. Abdus Sattar, in cross-examination to the effect that one man reported, to him that there was a &q..

Category: Criminal Law | Date: | Hits: 39

Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)

....view of the above, the appeal is allo­wed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......me barred, with an ulterior object of making illegal gains therefore at the cost of the Bank. (ii) That the respondent in collusion with the transferees, namely, Nurul Hoquue and Amulla Kumar Dutta, allowed them to take possession of the building of the Bank without receiving the b......aluddin Hossain CJ   Fazle Munim J Badrul Haider Chowdhury J  Shahabuddin Ahmed J Bangladesh Bank .................................Appellant Vs. Debendra Nath Dutta ……………………...........view of the above, the appeal is allo­wed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 101

Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)

....right of Kol-karsha. In the result, we do not find any subs­tance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......ion (Civil) Present: Kemaluddin Hossain CJ F.K.M. Abdul Munim J Ruhul Is­lam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sunil Kumar Biswas …………………….Appellant Vs....... Ruhul Is­lam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sunil Kumar Biswas …………………….Appellant Vs. Mohammad Idris and others…………Respondents Judgment ......right of Kol-karsha. In the result, we do not find any subs­tance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ..

Category: Property Law | Date: | Hits: 45

Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)

....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......t. Ed. ......on (Civil) Present: Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Sanjib Kumar Bose and another.....................Appellant Vs. Syed Shamsuddin Ahmed and another…………….Respondents ......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 54

Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)

..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......  Fazle Munim J  And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. Ahmuda Khatun and others...................Respondents Judgment July 10, ......o Snehalata and Jiban Ranjan Nath on December 23, 1936. Jiban Ranjan Nath sold a portion of his share to Anukul Chandra Majumder. Subsequently, Snehalata, Anukul and Jiban sold the entire plot to Abdus Sultan Wali Bhai who, in his turn, sold the entire 'A' schedule property with standing struct..

Category: Property Law | Date: | Hits: 47

Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)

....e dealing with the application under section 96 of the Act for pre­emption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ...... the witness at the trial, was  siding with the transferees. The learned Coun­sel appearing for the appellant referred to a decision of the Supreme Court of Pakistan in the case of Chandra Kumar Maladas Versus Abdul Motaleb, 19 D.L.R. (S.C.) 36 that the pre-emptor though a co-sharer at t......sain CJ Ruhul Islam J K.M. Subhan J Badrul Haider Chowdhury J Mohd. Jabed Ali and others.................................... Appellants. (For all the appeals) Vs. Rakhal Chandra Mondal and others..........................Respondents (In C.A. Nos. 143 ......e dealing with the application under section 96 of the Act for pre­emption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 49

Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)

....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ...... the contrary it had been acted upon so no preemption lies……….(13) Cases Referred to- Kafizan Bibi & ors vs. Naji Farid Kazi and ors, 18 D.L.R(Dacca) 281; Chandra Kumar Maladas vs. Abdul Motaleb and ors, 19 DLR (SC), 36; Wilkinson Vs Banking Corporation (1948) 1 ...... J Badrul Haider Chowdhury J Md. Mafizuddin Patwari being dead his heirs Md. Tofaazzal Hossain Patwari and others ………………….Appellants Vs. Abdul Hakim Miazi being dead his heirs Mobaarak Hossain Miazi and others……&h......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ..

Category: Property Law | Date: | Hits: 48

Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)

....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......ellip;………………………………………………………….Appellant Vs. Durjan Ali alias Siddique Hossain and others……………&hel......not fatal to the proceeding. 3. In this appeal the question raised is whether in the light of the decision in Motilal Sikdar's case as clarified by a subsequent decision in the case of "Abdus Samad vs. Sohrab Ali” (1981) 33 D.L.R (AD) 113 the High Court Division was well founded..

Category: Property Law | Date: | Hits: 43

Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)

....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......thout any lawful authority. 55. What is malice in law and how it can vitiate an action as discriminatory was consi­dered by the Indian Supreme Court in the case of The Regional Manager vs. Pawen Kumar Dubey, AIR 1976 SC 1966. In stating what would constitute "malice in law" M.H. Beg, J, who del...... (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represen­ted by the Secretary, Ministry of Health and Population Control and ot......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..

Category: Employment/Service Law | Date: | Hits: 180

Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)

....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......ry J Shahabuddin Ahmed J Abdus Samad & ors…………………………………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment ......ision (Civil) Present: Kemaluddin Hossain CJ Ruhul lslam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Abdus Samad & ors………………………&hellip..

Category: Property Law | Date: | Hits: 73

Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)

....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......t Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Khadomul Islam Chowdhury…………………….Appellant Vs. Bangladesh and others ……………………………..Respondents Judgment July 21......……………..Respondents Judgment July 21, 1980. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate instructed by Md. Shafiqur Rahman, Advocate-on- Record—For the Appellant. Abdus Sobhan, Additional Attorney General, with Matiur Rahman, Assistant Attorney General, instructe..

Category: Constitutional Law | Date: | Hits: 160

Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)

....Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ...... K. M. Subhan J Badrul Haider Chowdhury J Abdul Alim and others………………………………Appellants Vs. A. K. Abdul Hoque and others………………… Res......ore 117; AIR 1935 P.C. 85; AIR 1945 Mad 86; AIR 1948 Bom. 185. Lawyers Involved:                  Abdus Salam, Senior Advocate, instructed by B.C. Panday, Advocate-on-Record— For the Appella..

Category: Property Law | Date: | Hits: 54

Commissioner of In­come Tax A- Range, Chittagong Vs. Harendra Kumar Sil and others, 1982, 11 CLC (AD)

....dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48. ......m J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Commissioner of In­come Tax A- Range, Chittagong. …....App­ellant (In Civil Appeal No. 34 of 1981) Vs. Harendra Kumar Sil………………………………………. Respondent. And Commissioner of Tax­......ent: FKMA Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Commissioner of In­come Tax A- Range, Chittagong. …....App­ellant (In Civil Appeal No. 34 of 1981) Vs. Harendra Kumar Sil………………………………………. Respondent. And Comm......dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48. ..

Category: Fiscal/Taxation Law | Date: | Hits: 100

Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)

....he modifi­cation that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......he modifi­cation that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......he modifi­cation that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......s Referred To- Farid un Nesa vs. Mukhtar Ahmed 52 I.A. 342; Ruhalla vs. Hananlli Begumia AIR 1928 PC 303; Hem Chandra vs. Suradhani Debya AIR (1940) PC 134. Lawyers Involved: Abdus Salam, Senior Advocate instructed by B.C. Panday, Advocate-on- Record.—For the Appella..

Category: Property Law | Date: | Hits: 57

Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)

....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8.  In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8.  In the result, the appeal is dismissed without, however, any order as to cost. Ed. ...... Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Haji Tajamal Ali being dead his heirs: Kamarunnesa and ors…………..Appellants Vs. Abdus Sattar and others .......................................................Respondent...... Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Haji Tajamal Ali being dead his heirs: Kamarunnesa and ors…………..Appellants Vs. Abdus Sattar and others .......................................................Respondent  ..

Category: Property Law | Date: | Hits: 66

Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)

.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......isition order has been challenged. This aspect was given undue importance in giving the decision. 3. What is public purpose? This question has troubled the Courts perpetually. In the case of Abdus Sobhan Shah vs. Province of East Pakistan, 14 D.L.R. 486. It was observed that every grocery..

Category: Property Law | Date: | Hits: 65

Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)

....ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ......J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Deser Ali ………..................................Appellant  Vs. Bangladesh and ors……………………&hel......s Involved: Syed Ishtiaq Ahmed, Senior Advocate, with Zamiruddin Ahmed, and K. Z. Alam, Advocates instructed by Md. Aftab Hossain, Advocate on-Record.—For the Appellant. Abdus Sobhan, Addl. Attorney-General instructed by Zinnur Ahmed, Advocate-on-Record- For the Respo..

Category: Property Law | Date: | Hits: 61

Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)

....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......Islam J Ramesh Chandra Dutta………………………………………….Petitioner Vs. Nimai Kumar Dutta and ors…………………………&...... J Ruhul Islam J Ramesh Chandra Dutta………………………………………….Petitioner Vs. Nimai Kumar Dutta and ors…………………&hellip......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 65