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Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....sufÂfer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......ision in Criminal Appeal No.125 of 1991 allowing the same convicting the accused-appellant under Section 6(5) of the Muslim Family Law Ordinance, 1996 and sentencing him to suffer simple imprisonment for 3(three) months and also to pay a fine of TK. 10,000.00 in default to suffer imprisÂonment for ......sufÂfer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......ur Rahman J Abul Hasnat Mohammad Mohsin ...........................Appellant Vs. Dilruba Aktar and another……………………………........Respondents Judgment June 4, 2009. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by Md. Ibrahim Khalil, Advocate-on-..Category: Family Law | Date: | Hits: 185
....rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302....... of 1990 allowing the appeal granting temporary injunction reversing those dated 08.03.1990 passed by the Senior Assistant Judge, Sadar, Sylhet in Title Suit No.241 of 1989 refusing plaintiffs prayer for temÂporary injunction.
2. The facts involved in case, in short, are that the plaintiff, Abdu......rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302.......and others.................................................Appellants
Vs.
Abdul Matalib being dead his legal heirs; Alta Begum and others……….Respondents
Judgment
August 19, 2009.
Lawyers Involved:
AJ Mohammad Ali, Senior Advocate instructed by Md. Zahirul Islam, Advocate-on-R..
Category: Property Law | Date: | Hits: 65
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
.... difÂferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ...... that in fact the plaintiff did never execute any such deeds of gift and both the deeds of gift were creÂated by the defendants in collusion with each other and as such, the plaintiff filed the suit for cancellation of both the deeds of gift. 3. The defendant Nos.1 and 8 appearing filed two sepa...... difÂferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......ndents Judgment August 10, 2009. Cases Referred To- Ramizuddin Miah Vs. Jarimunnessa and others 15 BLD (AD) 52; Md. Matlabur Rahman and others Vs. Madan Meah Chowdhury 33 DLR (AD) 286. Lawyers Involved: M. A. Samad, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-Fo..Category: Property Law | Date: | Hits: 65
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......l No.115 of 1999 rejecting the application under Order 41 rule 25 of the Code Civil Procedure. 2. The facts of the case, in short, are that the there was an agreement between him and the defendant for transfer of defenÂdant's property for TK. 14,00,000.00 out of which the defendant received TK. ......tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......t March 18, 2009. Cases Referred To- Kanda and others Vs. Waghu 3 DLR (PC) 311; REMCO Industries Works House Building Co-operative Society Vs. Lakshmeesha M. and others AIR 2003 SC 3167. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate instructed by S.R. Khoshnabish, Ad..Category: Property Law | Date: | Hits: 112
....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed withÂout any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
......rt, are that on 9th October, 2000, the appellant entered into a share purchase agreement with the respondent No.2 whereby the respondent No.2 agreed to purchase 10,00,000.00 shares from the appellant for a price of TK. 10,000,000.00. On the same date, the parties entered into a buy-back agreement wh......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed withÂout any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
......mi and A.M. Grover, AIR SC 488; Heyman Vs. Darwins Limited, 1942 AC 356 at P.366; Supreme Co-operative Group Housing Society Vs. M/s. H.S. Nag and Associates (P) Ltd. reported in AIR 1996 SC 2443.
Lawyers Involved:
Abdur Razzak, Senior Advocate instructed by AKM Shahidul Huq, Advocate-on-Recor..
Category: Civil Law | Date: | Hits: 78
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......Court u/s 32 of the Industrial Relations Ordinance, 1969. By its order dated 8.11.73 the Labour Court dismissed the reference as the same was not maintainable vide Annexure‑B. An appeal was filed before the Appellate Tribunal which reversed the decision of the Labour Court on the point of maintain......4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......dar Jung Hospital, AIR 1970 (SC); AIR 1960 (SC), 610; AIR 1975(SC), 2032, Indian Supreme Court, AIR 1961 (SC) 484; AIR 1960(SC), 610; Jimkhana Club's case, AIR 1968 (SC) 554; AIR 1975 (SC), 2032. Lawyers Involved: Rokanuddin Mahmud, Advocate ‑ For the Petitioner (In Writ Petition No. 625 of..Category: Labour and Industrial Law | Date: | Hits: 123
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......ditional Court, Jessore, in Title Appeal No. 6 of 1963 affirming those passed by Mr. Q Sharafat Ali, Munsif 2nd Court, Jessore, in Title Suit No. 23 of 1961. 2. The appellants filed the above suit for declaration of their title and recovery of khas possession in 6.21 acres of land as detailed in ...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......; 16 DLR 637; 22 DLR (SC) 86; 34 DLR (AD) 29; 15 DLR at page 188; 21 DLR (SC) 448, 35 DLR (AD) 216, 37 DLR (AD) 205; 38 DLR (AD) 201 (232); 21 DLR (SC), at page 450; 19 DLR 176; 36 DLR at page 81. Lawyers Involved: Nizamuddin Haider, ABM Golam Majid and Kazi Shamsuzzaman, Advocates ‑ For the..Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......lenging the order dated 16.7.76 passed by the Subordinate Judge, Pabna. On 18.9.77 petitioner opposite party filed another Miscellaneous Case under section 96 of the State Acquisition and Tenancy Act for the self‑same land in the Court of Munsif, Serajganj. The learned Munsif on consiÂderation of...... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......n Mondal ............ ..........................................Petitioner Vs. Abdul Razzaque @ Rezaul Karim & others .......................Opposite Parties. Judgment July 9, 1989 Lawyers Involved: M A Mazid, Advocate ‑ For the Petitioner. S M Amin Azaher, Advocate ‑ Fo..Category: Property Law | Date: | Hits: 68
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ...... Kasem, Keyamuddin, Kalagazi, Sona Mia, Yakub Ali, Elim, Sabur, Nurul Islam @ Nur Islam, Seraj son of Matbar Ali, Abdul Huq, Alfaz, Hamid, Malek, and Majid along with others were placed under trial before the Additional Sessions Judge, Kishoreganj, in Sessions Case No. 21 of 1987 and have been found...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......FC) page 317; Enayetullah and another Vs. The State, PLD, 1966, Lahore (WP) page 8; Syed Ali Vs. Nibaran Mullah, in PLD 1962 SC 502; Ref. NIR 1948 C. 321; PLD 1985 Lah, 33; 1969 SCMR‑454, 1977. Lawyers Involved: Serajul Huq, with Mansurul Hoque Chowdhury, ABM Gholam Mazid, Advocates‑For t..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......udgment and decree dated 31.7.83 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Tide Suit No. 226 of 1980 decreeing the suit. 2. The respondent instituted the suit on 29.8.80 praying for two declarations simpliciter as follows: "That a decree be passed declaring that the plaintif......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......65) 1 HL 129; Lala Beniram Vs. Kundalal, 26 Indian Appeal 58=3 CWN 502; Dharmadas Kundu Vs. Amulyadhan Kundu, ILR 33(Cal) 1119=10 CWN 765; Mating Aung Ba Vs. Ma Nyum, AIR 1928 (Rangoon) 141=IC 56. Lawyers Involved: MH Khandker, Advocate, with Sharifuddin Chaklader and Mohammad Ali, Advocates â..Category: Property Law | Date: | Hits: 110
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
....uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......r Suit No. 32 of 1986 rejecting the plaint. 2. The plaintiff appellants filed Other Suit No. 32 of 1986 in the said Court against the principal defendant respondent No. 1, Rupali Bank and other proforma respondents for declaring the ex‑parte preliminary decree dated 16.1.1986 and final decree d......uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......Petitioner Vs. Rupali Bank .................................................Opposite party. Judgment August 6, 1990. Case Referred to- Chapala Sundari Vs. Wahed Ali, 11 DLR 376. Lawyers Involved: Mozammel Hossain with Abdul Momen Chowdhury, Advocates ‑ For the Appellant. ..Category: Procedural Law | Date: | Hits: 67
....nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
......ir local agent Pragoti Shipping Bangladesh Ltd., Chittagong, who claimed to be the owner of the said vessel MV Regent Ranger. Both the cases were under Order 38, rule 8 of the Code of Civil Procedure for releasing the bank guarantee furnished in the case for releasing the said vessel from the order ......nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
........................Petitioner
Vs.
Continental Grain Company (Canada) Ltd. and others............... Opposite Parties.
Judgment
July 24, 1990.
Case Referred to-
PLD 1964 (SC) 222.
Lawyers Involved:
Mustafa Niaz Mohammad, Advocate ‑For the Petitioner.
Nurul Islam Chowdhury..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......ial Powers Act and sentenced to suffer 7 years RI as also to pay a fine of Tk. 50.000.00 while the other 3 accused were acquitted of the charges. 3. Mr. Serajul Huq, the learned Advocate appearing for the appellant, submitted that the learned Special Tribunal having no jurisdiction to take cogniz......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614......................................Respondent. Judgment March 12, 1990. Cases Referred to- 10 DLR (SC) 29; 33 DLR 203; 35 DLR 127; 41 DLR 274; 12 DLR 100; 12 DLR 90 & 21 DLR (AD) 311. Lawyers Involved: Serajul Huq with Bazlur Rahman Chhana, Advocates ‑ For the Appellant. AKM ..Category: Criminal Law | Date: | Hits: 52
Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)
....ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611....... section 115 of the Code of Civil Procedure and is directed against the judgment and order dated 23.7.90 passed by the District Judge, Perojpor, in Title Appeal No. 67 of 1990 allowing an application for condonation under section 5 of the Limitation Act. 2. Facts in short are that the petitioner ......ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611......................Opposite‑Party. Judgment November 4, 1990. Cases Referred to- Circle Officer, Sutrapur Vs. Mohammad Hosain, 1990 BLD 12; Bangladesh Vs. Jahiruddin, 1986 BLD (AD) 190. Lawyers Involved: AK Badrul Huq, Advocate ‑ For the Petitioner. Not represented-the Opposite..Category: Limitation Law | Date: | Hits: 192
....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......d Azad MP and 6 others have challenged the legislation, namely Act 27 of 1991 (President Election Act of 1991) and the amendment thereof by Ordinance No. XXXIII of 1991 passed on 28.9.1991 and prayed for a Rule Nisi calling upon the Respondents to show cause as to why the impugned legislations as of......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......
Present:
Habibur Rahman Khan J
Abdus Samad Azad, MP & others...............................................................Petitioners
Vs.
Bangladesh, through Secretary, Ministry of Law and Justice and others..........Respondents.
Judgment
October 7, 1991.
Lawyers Involved..
Category: Constitutional Law | Date: | Hits: 229
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
.... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......site Parties. Civil Revision No. 62 of 1985. Judgment AM Mahmudur Rahman J. - By this Rule the petitioners challenge an order of the learned Munsif, 6Lh Court, Dhaka rejecting an application for amendment of the plaint. 2. The petitioners instituted Title Suit No. 932 of 1982 in the Cour...... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.................................Opposite Parties. Judgment April 4, 1990. Cases Referred to- Akkama Vs. Venkatpall AIR 1925 Mad 59; Asrar Ahmed Vs. Durgah Committee, Ajmir, AIR 1947 (PC) 1. Lawyers Involved: Md. Shahid Alam, Advocate ‑ For the Petitioners. Nurun Nabi Khan, Advocate..Category: Property Law | Date: | Hits: 92
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599....... 1986 by the 2nd Court of Munsif, Chittagong. 2. It appears that the plaintiff‑opposite party filed Miscellaneous Case No. 9 of 1985 in the 2nd Court of Subordinate Judge, Chittagong on 2.2.1995 for permission to sue as pauper for recovery of the sum of Tk. 3,09,667.00 on account of prompt valu......rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599....................Petitioner Vs. Shahanara Begum.................................Opposite Party. Judgment August 8, 1990. Case Referred to- Suratannessa Vs. Md. Naimuddin, 18 DLR 37. Lawyers Involved: Nurul Islam Chowdhury, Advocate ‑ For the Petitioner. Mozammel Hossain, Ad..Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ......tement. Issues were framed by the Court and issue No. 2 was regarding correctness of the valuation given by the plaintiff in the suit. By order dated 16.4.86 issue No. 2 regarding valuation was fixed for bearing on 6.5.86. On that date the matter was not heard and ultimately it was heard on 21.7.86 ......of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ............Opposite Party. Judgment July 30, 1990. Cases Referred to- Keramat Ali Bepari Vs. Province of East Pakistan, 22 DLR 646; Syed Ahmed Vs. Keshab Chandro and another, 1988 BLD 60. Lawyers Involved: SC Das, Advocate ‑ For the Petitioner. Mustafa Niaz Mohammad, Advocate ‑..Category: Civil Law | Date: | Hits: 94
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
.... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ...... Thakui gaon in Money Suit No. 1 of 1990 rejecting the application under Order 7 rule 11 of the Code of Civil Procedure. 2. Facts in short are that plaintiffs instituted Money Suit No. 1 of 1990 before the Court of Subordinate Judge, Thakurgaon for realisation of Tk. 8,03,558.00. The case of the ...... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ................Opposite Party. Judgment October 31, 1990. Cases Referred to- Province of East Bengal Vs. Bakerganj Central Co‑operative Sales and Supply Society Ltd., 12 DLR (Dacca) 219. Lawyers Involved: Jamiruddin Sircar, Advocate ‑ For the Petitioners. Not represented-the opp..Category: Civil Law | Date: | Hits: 87
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ......lslam, Subordinate Judge, Maulvibazar disallowing Miscellaneous Case No. 89 of 1985 under Order XLVII of the Code of Civil Procedure and vacating the order of stay dated 12.5.78. 2. Facts relevant for the disposal of the above rule may briefly be stated as follows: The petitioner as plaintiff ......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ......mmittee, 22 DLR (WP) Lahore 295; The Trustees of the Port of Chittagong Vs. Sadharan Bima Corporation and others, 32 DLR page 99; Nurun Nahar Vs. Mohd Fazlur Rahman in Civil Appeal No. 83 of 1977. Lawyers Involved: JN Deb with Jotirmoya Deb, Advocates ‑ For the Petitioner. Dewan AMS Zaman..Category: Trust/Waqf Law | Date: | Hits: 181
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