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Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
.... "to patch up the weak parts of his case and fill up omissions in the appellate Court were noticed by the Court which, however, observed as follows: "The rules of procedure are not made "for the purpose of hindering justice" ......and, as suc..Category: Property Law | Date: | Hits: 34
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....h of the original claim and of the set-off, but this shall not affect the lien, upon the amount decreed, of any pleader in respect of the costs payable to him under the decree. (3) The rules relating to a written statement by a defendant apply to a written statement in answer to a c..Category: Civil Law | Date: | Hits: 95
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....lute right to dispose of his property by will under Hindu Law, of his own volition and in perfect sense causes such deprivation, the court is helpless to mitigate the deprivation. 14. The rules governing proof of due execution of a will which is charged with suspicion were examined by t..Category: Property Law | Date: | Hits: 118
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
....t been conferred by law. The learned Counsel placed before us the amendment that was made in 1976 in India. Order 39 had been amended by the Code of Civil Procedure (Amendment) Act of 1976 and sub-rules (3) and (4) had been omitted and a new rules 2(a) had been asserted. Rule 2 (a) as under: ..Category: Others | Date: | Hits: 93
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
...........Respondent Judgment October 19, 1983. Criminal Trial PM Examination Report In discharging his professional duties, a doctor must strictly observe the rules of medical ethics and jurisprudence as well as have regard to the laws of the country which ..Category: Criminal Law | Date: | Hits: 58
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....e commenced within one year from the date of payment: Provided that any court having jurisdiction to deal with an action to which this section relates may, in accordance with the rules of Court, extend any such period, to such extent and on such conditions as it thinks fit, an..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. ..Category: Property Law | Date: | Hits: 28
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Employment/Service Law | Date: | Hits: 63
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....hed portion. 3. Leave was granted to consider whether the High Court Division refused amendment of the plaint on correct construction of rule 2 of Order II of the Civil Procedure Code. Sub-rules (1) and (2) of rule 2 of Order II, which are relevant here, are quoted below: ..Category: Civil Law | Date: | Hits: 87
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....When a litigant brings a case before the court he is entitled to a decision and adjudication of the dispute and such adjudication is to be performed in accordance with the laws of the country and the rules of procedure………………….(6) Civil and criminal liability The quest..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
.... learned Advocate further contends that the learned Single Judge ignored the express provision of rule 12 of Order XXII, Civil Procedure Code, which say that the provisions as to substitution under rules 3 and 4 are not applicable to a proceeding in execution of a decree or order. Similarly, he h..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
.... summarily as stated above. 3. Mr. Nurullah appearing for the plaintiff appellant submitted that the records of the Money Execution Case No. 17 of 1960 were destroyed according to the rules and the plaintiff has no idea as to what had happened in that Execution case No. 17 of 1960...Category: Civil Law | Date: | Hits: 107
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
.... See sub‑rule (11) of rule 7 Of the Rules of 1984 and sub‑rule (9) of rule 7 of the. Rules of 1985. Though the proceeding-continued to pend during the successive changes in the service rules it was not completed within one hundred twenty working days from the date of the coming into ..Category: Employment/Service Law | Date: | Hits: 125
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. ..Category: Property Law | Date: | Hits: 36
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....f beyond reasonable doubt in case of conviction - Mysterious death without proof of injury shall not warrant conviction The evidence of the vital witnesses was not shifted and assessed according to rules of evidence by the trial court and the High Court Division. The circumstance in which the vict..Category: Criminal Law | Date: | Hits: 53
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ..Category: Election Law | Date: | Hits: 126
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....ey are no illegality appears to have tainted the orders including the final one, and no violation of the principles of natural justice could be said to have occurred Infringement of any statutory rules is also not involved. 11. In the absence of any such rules, the Minister who is the final..Category: Property Law | Date: | Hits: 34
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....er, the licencing authority gave licence to the local Sangsad units for collection of tolls, charges etc. at the launch ghats. 5. The learned Judges of the High Court Division in discharging the rules issued on the writ petitions of the appellants held that the licence granted by respondent N..Category: Others | Date: | Hits: 103
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ..Category: Tenancy Law | Date: | Hits: 114
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....offence must be alleged to have been committed by a party to any proceeding "as such", I say with respect, amounts to straining the language used by the legislature which is opposed to the ordinary rules of construction. Secondly, the said view is likely to create a chaotic situation in the ad..Category: Criminal Law | Date: | Hits: 63