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Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....asis of conviction in the absence of independent corroborative evidence…….(20) Cases Referred to- Hiralal Das and others Vs. Crown, (1951) 3 DLR (Dhaka) 383; Padam Prashad Vs. Emperor, AIR 1929 Cal.617 (SB); Emperor Vs. Lalji Rai, AIR 1926 (Patna)11; Anwar Hussain Talukdar Vs......ined in special circumstances provided for by section 533 Cr.P.C., the examination is "improper and undesirable", the Privy Council say. Following this observation the Supreme Court of India held in the case of Kashmira Singh Vs. The State of Madhya Pradesh, AIR 1952 (SC) 159, that th..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....Vs. The State...........................................Respondent Judgment October 25, 1984. Result: The Appeal is allowed. Cases Referred to- Nazir Ahmed Vs. King-Emperor, AIR 1936 (P.C) 253; Nurul Haque and others Vs. State 20 DLR (Dhaka) 780. Lawyers Invol....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ......should have thought twice and more than twice before reversing the finding of the learned trial Court. In the case of Radha Prasad Singh Vs. Gajadhar Singh and ors. A.I.R 1960 S.C. 115 decided by the Indian Supreme Court, it was observed that all the courts in all the cases have stressed the ru..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ...... does not by itself create interest in immovable property in view of section 54 of the Transfer of Property Act the rule is not applicable to such cases. It was held by the Supreme Court of India in the case of Rambaran Vs. Ram Mohit reported in 1967 AIR Supreme Court 744 that the rule aga..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......management of the respondent-company. Although there is no provision in our Companies Act analogous to Section 210 of the Companies Act, 1948 of U.K. and Section 397 of the Companies Act of India, still ex ebito justiciae this Court can pass appropriate orders for mitigating oppressio..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
.... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......blish that the vesting of all undertakings of the PICIC in the Sangstha had been validly accomplished, the learned Counsel of the respondent No. 1 also referred to the provisions of the State Bank of India Act, 1955 (Act 23 of 1955), the State Bank of India (Amendment) Act 1955, the Banking Companie..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ......ndent Judgment March 14, 1984. Result: The appeal is dismissed. Cases Referred To- Chittagong Port Authority Vs. Md. Ishaque and others, 35 DLR (AD) 364; Central Bank of India Ltd. Vs. M/S-Jan Md. Hazi Ismail 17 D.L.R. 582; Chittagong Port Authority Vs. Md. Ishaque and ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
.... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ......tor No.5 Kahiroda Bala Mohrar being widow of late Umesh Chandra Chowdhury. In the decree itself addresses of judgment debtors Nos.1 to 4 (son of late Umesh Chandra Chowdhury) have been shown to be in India at the time of institution of the suit in 1964. At the time of filing Execution Case Nos.4 of ..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ...... Prabandhak Committee, Amritsar; Nursing Vs. Moosharoo, 25 WR 282; Palanibala Debi Vs. Kalipada Chakravorty and others, 54 CWN 950; Prosunno Kumari Debya Vs. Golab Chand Baboo, 2 IA 145; PLD 1957 SC (India) 111; Puniappa Chetty Vs. Sreenath Deivasikamoy Pandara Sannadhi, 44 IA 147; Rajah Verma Valia..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......ent case) or some other provision of the said Act is involved which require prior permission of the Bangladesh Bank. 45. My view is reinforced by the fact that by the Amendment Act XXXIX of 1957 India decided to place the Foreign Exchange Regulation Act, 1947 on a permanent footing in its statu..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......dent Judgment November 23, 1983. Result: The appeal is dismissed Cases Referred To- Joydayal Fodder and another Vs. Mst. Hazra and others decided by the Supreme Court of India AIR 1974 (SC) 171; India Vs. Moksh Builders and Financiers Ltd. and others AIR 1977 (S.C.) 409..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ...... plots were already separately held between the plaintiffs and the defendants by virtue of a Deed of Gift executed and registered en 5.8 1923 at Jalpaigury now within the State of West Bengal in India. The original copy the registered deed of gift was allegedly and evidently lying with the defe..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ......dhury the learned Advocate also referred a decision reported in AIR 1970 (S.C) page 1953 in support of his contention. In the case of Mata Din Vs. A. Narayanan their Lordships of the Supreme Court of India held: “The law is settled that mistake of counsel may in certain circumstances be t..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....13; Yesant Jaiwantarao Mahajan Vs. Tukaram Mahadji Patil 1950 Bom. 485; Sham or Ali Vs. Jagannath & ors. 17 CWN 403; Montreal Street Railway Vs. Normendin 1917 A.C. 170 (P.C.) Biswanath Shaha Vs. Emperor 1945 (F.C.) 67; State of W.P. V. Manbodhan Lal Sree Vashika 1957 (S.C.) 1912 sMozammel Hoque......ent would be the Court which passed the decree or made the order irrespective of whether the Judge who passed the decree or made the order or his successor entertained the review. As a matter of fact India his omitted Order 47, rule 2 by the Civil Procedure Code Amendment Act. 1956 and the..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......o contain and therefore, that it would not suit the purpose of the party to produce it, or that no such letter ever existed….(7) Cases Referred To- 30 DLR (S.C.), 74 Dino Moyee Debi, Indian Appeals (L.R.) Vol. VII, Page 8; Kumud Kanta Pahari , C.L.J., Vol. 81, Page 274. Lawyers..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ......ed of Zindabazar who was the owner of the suit premises. The plaintiff was never the owner of the suit shop and the articles at any time. It was further alleged that in April, 1971 he left Sylhet for India and stayed there upto December, 1971 and taking advantage of that situation the plaintiff ille..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ...... March, 1982. Articles 2(a) and (b) of the Martial Law Regulation No.III of 1983 says that the deed of exchange dated 20-8-65 executed between Messrs. Amiya Narayan Sannyal and others of West Bengal, India and the present petitioner Md. Khalilur Rahman are declared void, fraudulent, collusive, inope..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ......spect of the suit property in favour of his wife defendant No.2. It was alleged in the plaint that defendant Nos.1 and 2 would remove the idol and after selling the suit property they would leave for India. 2. Defendant Nos.1 and 2 contested the suit jointly challenging the maintainability of t..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ...... noticed in the case of Dokku Bhushayya Vs. Katragadda Ram Krishnayya and others A.I.R. 1962 Supreme Court, 1886. In the said decision it was observed that even before the amendment made in India to section 141, C.P.C. by adding an explanation providing: "In this section, the exp..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......C.P.C. would mean that the Court which granted the injunction could alone punish the violation of the order of the injunction. This court has not pronounced any judgment on this question. But in India Calcutta High Court, has taken a different view from that of Patna High Court, Punjab High Cou..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1