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Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... above as to discretion of the Court in imposing sentence, Lord Williams, J was obviously referring to those sections of, the Penal Code where punishment of imprisonÂment and fine is provided in the alternative or by way of both, for example as under sections 147/148, etc. His Lordship obviousÂly ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment November 27, 1985. Result: The Rule is made absolute. Cases Referred to- 4 DLR 360; 35 CWN 519; AIR 1973 (Supreme Court) 1457; AIR 1926 (Lahore) 350 =27 CrLJ, 562; AIR 1929 (Allahabad) 2601946 MLJ 8. Lawyers Involved: Abu Sayeed Ahmed...... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ......;ding Co.................................Plaintiff Vs. M/s. L.S. Line & others..........................................Defendants Judgment July 8, 1985. Result: The order is stayed. Cases Referred to- AIR 1937 Calcutta 122 (123); 20 DLR 25; 34 DLR (......NT to be arrested or detained or to be proceeded against in an action in rem the said m.v. CHERRY ORIENT itself must be instrumental in giving rise to the cause of action if any, and that the alleged remedy of the plaintiff cannot be enforced against any other ship other than that in which the ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....ision of Lord Asquith in the case of East End Dwellings Co. Ltd. Vs. Finsbury Borough Council, (1952) A.C. 109 (B) we will also show that unless prohibited in the statute itself we have no other alternative but to accept all the consequences and incidents that inevitably flow as corollaries of ......charged. Cases Referred to- Md. Mustafa Mondal Vs. State, 35 DLR 362; Nizir Ahmed and others Vs. Yunus and others, 36 DLR 93; Commissioner of Income Tax, Bombay Presidency Vs. Bombay Trust Corporation, Ltd., 34 C.W.N. (P.C.) 230=121 I.C. (1930) 532; East End Dwellings Co. Ltd. Vs. Finsbury......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ......lumuddin Madbar and others Vs. Province of East Pakistan and others, 21 DLR at page 569. Lawyers Involved: Abdul Quaiyum with Moslem Ali Howlader Subodh Ranjan Dutta, and Tapan Kumar Chakraborty— For the Petitioner. Hemayetuddin Ahmed with Nurul Islam— For the Opposite-Par......rcumstances demand that some sort of incidental order is necessary for the ends of justice, but there is no provision in the special Statute, the District Judge is not powerless and he can grant such remedy under section 151 of the Code of Civil Procedure. 8. In the present case the learned Dis..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....ish to make it clear that the first affidavit is not an affidavit begging unconditional apology from the Court. It is an affidavit contesting and challenging the Rule and seeking to establish an alternative case. The apology which has been tendered at the end is not an apology at all. There is ...... Result: The Rule in Criminal Misc. Case No.24 of 1984 is made absolute The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Attorney-General Md. Anser Ali and Md. Altafur Rah...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ...... August 20, 1984. The Bangladesh Abandoned Property (Management, Control and DisÂposal) Order, 1972 (President’s Order No. 16 of 1972). A company which has been incorporated as a limited company under the provisions of the Company Act in the territory now compris......aka, neither itself nor its properties could have been treated as abandoned by the Government under the provisions of P.O. No.16 of 1982. On the settlement of this contention lies the solution and remedy of the appellant-petitioners. 9. On these contentions. Court granted leave to hear ..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....ssession after execution and registration sale deed, confirmation of possession and permanent injunction in respect of the suit property described in the schedule of the plaint of the suit and in the alternative the plaintiffs also prayed for recovery of possession of the suit property if ousted in ......s. ...................Opposite parties Judgment July 10, 1984. Result: The rule is made absolute. Case Referred to- Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR page 239A. Lawyers Involved: S C. Das—For the petitioner. No o...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....and equitable that the company be wound up and a liquidator be appointed to take over the Company's assets and liabilities and distribute the same to the shareholders. The petitioner has made two alternative prayers: (1) To issue such order or orders regulating the conduct of the Company......, 34 DLR (AD) 47; Ripon Press and Sugar Mill Co. Ltd., Bellary Vs. V. Gopal Chetti, A.I.R. 1932 (P.O.) 1. Lawyers Involved: Badruddin Ahmed with Sk. Abul Hossain and Syed Moynul Huq— For the Petitioner. Rafique-Ul-Huq with Md. Fazlul Haque— For the Respondent. Matter ...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ...... Result: The appeal is allowed. Specific Relief Act (1 of 1877), Section 54. Obtaining Permanent Injunction-Exclusive Possession and a Prima Facie title is required Possession for more than 12 years can be protected by permanent injunction even against rightful owner. A person......asion of his possession by everyone including the rightful owner. If the rightful owner threatened his possession he can pray for an equitable relief of in junction to protect his possession, and the remedy of the rightful owner lies in bringing appropriate suit for establishing his right and for re..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
.... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Altaf Hossain J Jahir Ahmed............................................Petitioner Vs. Badsha Mia Sowdagor...............................Opposite Party Judgment March 6, 1984. Result: ......lete usufructuary mortgage for a period not exceeding seven years. 5. Mr. Formanullah Khan, learned Advocate submits that P.O. 88 of 1972 by which section 95A was inserted also provided the remedy by substituting old sub-section (4) of section 95 by new sub-section (4). Section (4) of sect..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130 ......on) Present: Mustafa Kamal J Golam Ataher Chowdhury………………………………..Petitioner Vs. Administrator of Wakfs & others...................Opposite parties Judgment January 24, 1984. ......er lies to the High Court Division (Md. Khorshed Alam Vs. Amir Sultan Ali Haider, 21 DLR 799). 8. Therefore wherever in this special enactment necessity has been felt to provide for an appellate remedy in the Court of the District Judge or a revisional remedy in the High Court Division the Waqf..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
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. ......Chowdhury and others.................Plaintiff-Respondents Judgment January 18, 1984. Result: The appeal is dismissed. Cases Referred To- Abdur Rahim Vs. Narayan Das Aurora, 50 IA 84; Alla Rakhi Vs. Shah Mohammad, AIR 1935 PC 77; ILR 56 All. 111=147 IC 887; Ahmadur Rah......y;ted in the case of Hafiz Vs. Swamp reported in P.L.D. 1947 (R.C) 239. The next question posed for consideration in the present case whether the title have been extinguished and their remedy barred. 42. It must be remembered that to counteract the effect of the decisions in..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ......peditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ......n the country including the place where he died. 11. The scheme and purpose of an Act is to be gathered from a reading the enactment as a whole and its purpose and the mischief it sought to remedy and the rights it sought to spell out is and must be remembered as a guiding factor in i..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ......nbsp; ......e considered the consequence of refusing the plaintiff's prayer for review. If the prayer for review is rejected, the result will be that the plaintiff will forever be barred from prosecuting his remedy against the defendants in any Court in Bangladesh for realisation of Tk. 19, 63,182.59 paisa ..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....of the members of the plaintiff-Association. The plaintiff contented that the defendant No. I has no right to demolish the existing, structures belonging to the Government without providing them with alternative arrangement for running their shops and establishments and without giving them allotment...... High Court Division (Appellate Original Jurisdiction) Present: Mustafa Kamal J Alhaj Md. Ruhul Amin......................................Appellant Vs. Dhaka Municipal Corporation & others................Respondent Judgment September 29, 1983. Resul......erved that no declaration of the-type sought for could be given and further observed that the order of the District Judge directing a refund of the decretal amount was manifestly wrong and the proper remedy against it was to apply for a review petition explaining the delay. In the meantime the Distr..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
.... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ......id......................Respondent Judgment September 6, 1983. Result: The appeal is allowed in part. Lawyers Involved: Abdur Rashid Khan with Md. Shahidul Huq —For the Appellant Mahmudul Islam with K. Z. Huq—For the Respondent. Appeal from Crimi......ous imitation thereof. If it is the defendant's case that any particular certificate of registration was obtained fraudulently or that the plaintiff was not entitled to registration he has a remedy u/s 51(6) of the said Act to move either the Controller of the Patents and Designs or the Hig..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Maqsood Alam Vs. KMJ Akbar, ComÂmodore & others, 1983, 12 CLC (HCD)
....litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......riminal Revisional jurisdiction) Present: Mohammad Habibur Rahman J Mustafa Kamal J Maqsood Alam…………………………………………Petitioner Vs. K.M.J. Akbar, ComÂmodore & others……………..OppoÂsite-party Judgment May 23, 1983. Result: The Rule is......description of abandoned proÂperty, the mere taking of such property on the assumption or mistaken belief that it falls within that description will not vest it in the Government and recourse to the remedy provided in P.O. No.16 of 1972 need not be taken. A mere representation by the owner of the p..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....es, namely, preservation and protection of property, the service of the idol and defence of the debottar estate against hostile litigation but the abode of the deity itself cannot be alienated unless alternative arrangements have been made for removal of the deity to a new abode and the old temple h...... Result: This appeal is dismissed. Cases Referred To- Province of East Pakistan Vs. Kshiti Dhar Roy and 3 others 16 D.L.R. (S.C.) 457; Sm. Panna Banarjee and others Vs. Kali Kikkor Gunguli AIR 1974 Calcutta 126 B.C. Mitra; Bishwanath and another Vs. Sri Thakur Radha Ballab...... 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 ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
....Managing partner and thereafter filed Title Suit No. 371 of 1980 in the 3rd Court of Subordinate Judge, Dhaka for a declaration that the firm stood dissolved with effect from 17 October, 1980, in the alternative, for dissolution of the firm, and for accounts. In that suit he made an application for ......rs Vs. Roy Saha Publication, AIR 1964 Punjab 428; PC. Sen. A.I.R. 1970 (SC); Parashura Debaran Vs. King, Sup. 45 C.W.N. 733; Adam Ali Vs Emp, AIR 1945 P.C. 147; Homi Rastomji Pardiwala Vs. Sub-Inspector Boig, 1944 ILR Lah., 196.
Lawyers Involved:
Syed Ishtiaq Ahmed, Senior Advocate Rafiqul...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......;………………State Judgment November 9, 1982. Result: This Rule is made absolute. Lawyers Involved: Majibur Rahman, Advocate— For the Petitioner. Shehabullah, Advocate— For the Complainant-Opposite Party No......g cognizance against the petitioner. It is evident that those necessarily amounted to a dismissal of the complainant under section 203 and also discharge of the accused petitioner. The only remedy which the informant had in the facts and circumstances of the case was to approach the S..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
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