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BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Inland Water Transport Corporation……………..........................Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......spondents Judgment June 20, 1983. For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Officer were the relevant materials for consideration.....(9) Within the scope ....................................................Respondents Judgment June 20, 1983. For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Officer were the relevant materials fo..Category: Property Law | Date: | Hits: 28
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......naging Director of a Private Limited Company, executed a false 'deed of transfer' in respect of certain shares of the Company and also forged the "Minute Book" of the proceedings of meetings of the Board of Directors of the Company. The first complaint which had been filed on March 17, 1954 was ......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ...... Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Sahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdus Salam Master alias Salam and another…………...........Appellants Vs. The State..............................Resp..Category: Criminal Law | Date: | Hits: 79
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....hout lawful authority. According to him, this was also done mala fide because the then Government of East Pakistan being influenced by one Major Afsaruddin, who was a candidate for election to the National Assembly of Pakistan, was held responsible for the impugned orders. The appellant cla......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......lant. A.W. Bhuiyan, Additional Attorney-General, instructed by A.W. Mallik, Advocate-on-Record—For the respondents. Civil Appeal No. 83 of 1982. (From the Judgment and Order dated March 12, 1981 passed by the High Court Division in First Appeal No. 128 of 1973.) ..Category: Employment/Service Law | Date: | Hits: 105
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....e Council, a charge‑sheet dated 12th June, 1982 was served upon him alleging that he was not regular in his attendance, that while working in the Council he was holding a full time job in the National Laboratories Ltd., Abhoy Das Lane, Dhaka‑2 and receiving financial benefits from the......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......afiqur Rahman, Senior Advocate, (Matiur Rahman, Advocate with him), instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 92 of 1990, (From the judgment and order dated 11 th June, 1990 passed by the High Court Division, Dhaka in Writ Petition No. 52 o..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......rt also accepted the plaintiffs' case that the brothers had separated in 1329 BS not in 1308 BS as contended by the defendants. The trial Court noticed Ext. 11 the Assessment Register of the Union Board and found that the assessment in 1328 BS was made in the name of Mali Miah alone and the asse......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ...... without costs. Ed. ..Category: Property Law | Date: | Hits: 28
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......n deciding the question of title of the plaintiffs on the basis of the Khatian Ext. 6, wrongly described as the CS Khatian. He has read out several passages from the Introduction to the Assam Land Revenue Manual, Volume 1, Fifth Edition, Shillong Printed at the Assam Government Press 1931, in su...... appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......he Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on-Record-For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision N..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State………....................Appellant Vs. Khasru @ Syed Mostafa Hossain and another......... Accused-Respondents Judgment November 8, 1990. Result: The ..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......89) 10; Mt. Kulsoomun Nissa and another Vs. Noor Mohammad @ Sultan Haider and another AIR 1936 (Allahabad) 666; Firm Kaura Mal Vs. Firm Mathra Dass AIR 1959 (Punj) 646; Mohammad Yousuf Vs. Member, Board of Revenue, West Pakistan, Lahore & 6 others 1970 SCMR 70. Lawyers Involved: ......t. Kulsoomun Nissa and another Vs. Noor Mohammad @ Sultan Haider and another AIR 1936 (Allahabad) 666; Firm Kaura Mal Vs. Firm Mathra Dass AIR 1959 (Punj) 646; Mohammad Yousuf Vs. Member, Board of Revenue, West Pakistan, Lahore & 6 others 1970 SCMR 70. Lawyers Involved: SR Pal, ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Modern Shipping Agencies………..........Plaintiff-Appellant Vs. Central Inland Water Transport Corporation Limited and another......... Defendant-Respondents Judg..Category: Procedural Law | Date: | Hits: 104
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......ning from No. 1578 Gnl. dated 15.11.68 till date which are to be found in Chapter IX under the heading "Exchange Case" of the Land Administration Manual, published by Land Administration Board (Ministry of Land) on 1st. December, 1987. Relying upon the said circulars particularly the o......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......ity and is of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......ed in the various Districts of Bengal, particularly in the District of Bakerganj. 12. A Hawala or Howla is not materially different from Pattan. Prof. Wilson in his Glossary of Judicial and Revenue Terms (1940) defines "Howala" thus, "A description of tenure in Eastern Beng...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh…………….................Appellant Vs. Tobarak Ali Mia and others............................ Respondents Judgment August 29, 1990. L..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......ndents Judgment June 24, 1990. Cases Referred to- ALN Satnappa Chetti & ors Vs. Thayyanyaki Ammal, AIR 1942 Mad. 698; Anukul Chandra Chakravarti Chairman, Dhaka Dist. Board, AIR 1928 Cal 485. Lawyers Involved: Md. Mozammel Huq, Senior Advocate instructe...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......din Ahmed CJ MH Rahman J AT Afzal J Latifur Rahman J People's Republic of Bangladesh represented by General Manager (East) Bangladesh Railway, Central Railway Building, and Chittagong........................Defendant-Appellant Vs. Most. Sharifjan Bibi an..Category: Civil Law | Date: | Hits: 99
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
...............Appellants Vs. Md. Sanaullah........................................Respondent Judgment June 13, 1988. Civil Appeal No. 66 of 1986 The Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972) Articles 5(a) and 17(1) The power of control, s......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ..........................Respondent Judgment June 13, 1988. Civil Appeal No. 66 of 1986 The Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972) Articles 5(a) and 17(1) The power of control, supervision and regulation under article 17(1) necessarily include..Category: Employment/Service Law | Date: | Hits: 143
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......his house alleging that at about 9 a.m. on 21-5-85 his brother Nur Mohammad Miji was proceeding towards Dighirpar Bazar when he was called by his friend Salauauddin to the east of Dighirpar Union Board, at that time fighting was about to ensue between the men of Zaglul Haider and J.M. Iqbal. It ......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ate & Others..................................Respondents Judgment June 20, 1988. Criminal Appeal No. 3 of 1988 The Code of Criminal Procedure, 1898 (V of 1898), section 561A Practice and Procedure The requirement of a simultaneous trial is that the trials must be held in quick su..Category: Criminal Law | Date: | Hits: 48
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ...... between respondent No.1 and the Additional Deputy Commissioner (Rev.), Habiganj. On 3rd October 1985 delivery of the physical possession of the fishery was given to respondent No. 1 by the Upazila Revenue Officer, Baniachong and since then respondent No. 1 has possessed the disputed fishery. It...... conduct of the appellant Society, however, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. Inordinate delay in depositing the alleged leased money and absence of the appellants during hearing of the matter before the Minister in spite of clear kno..Category: Property Law | Date: | Hits: 34
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ....... received. No payment made and no objection filed. Issue notice under section 46 fixing 5.4.60. 17.4.61: Notice N/46 duly served. No objection filed. Issue S.P. to be served on the Notice Board, Thana Notice Board and Kismat fixing sale on 9.6.61. 9.6.61: Sale held to-day. No ou......ir Sen, J;) on 14th February 1983. 2. Plaintiff-respondent filed Title Suit No. 45 of 1977 in the 1st Court of Munsif at Madaripur for a declaration that the auction sale-by the Circle Officer, (Revenue), Rajoir, Madaripur on 9th June 1967 in respect of 9, 14 decimals of land as described in th...... (1988) 257 ..Category: Property Law | Date: | Hits: 35
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......lation to proceedings in court specified procedure and method for filing complaint by a court have been laid down in section 476, Crl.P.C. Section 476 is quoted below: "476. (1) When any Civil, Revenue or Criminal Court is, whether on application made to it in this behalf or otherwise, of op...... The state & anr…...................Respondents Judgment April 10, 1988. Criminal Appeal No. 4 of 1987 The Code of Criminal Procedure, 1898 (V of 1898), sections 193 (1) (c), 476, 561A and 195(1) (c) If the language of the statute is capable of two or more constructions or if the li..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......ry J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Ibrahim Mollah & Others.....................Appellants Vs. The State............................................Respondent and Lalu alias Banzir..................................Appellant Vs. The State.............Category: Criminal Law | Date: | Hits: 61
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ...... no term for payment or assessment of rent for the suit land. In 1962 plaintiff, however, received a notice from the Revenue Circle Officer as per Memo. No.1207-E 80/58 dated 28.11.60 issued by the Board of Revenue. The Revenue Officer was alleged to have illegally assessed rents under section 5......s established thereon. Plaintiff claimed that the aforesaid agreement contained no term for payment or assessment of rent for the suit land. In 1962 plaintiff, however, received a notice from the Revenue Circle Officer as per Memo. No.1207-E 80/58 dated 28.11.60 issued by the Board of Revenue. T...... K. M. A. Munim CJ Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Bangladesh……………………………………………Appellant Vs. M/s. Zeenath Textile Mills Limited and others..............Respondents Judgment June 25, 1986. The State Acquisition and Tena..Category: Property Law | Date: | Hits: 47
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