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Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......I have gone through the judgments written by my learned brothers Shahabuddin Ahmed and ATM Afzal, JJ; I have nothing to add. Shahabuddin Ahmed J.—The question raised in this appeal by special leave is whether section 35A of the Court Fees Act, 1870, has become inoperative, ineffective and in..Category: Procedural Law | Date: | Hits: 124
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......ompany against the respondent- petitioner in respect of the same claim of debt. The learned Company Judge by an order dated 3 September 1986 rejected both the prayers whereupon the company obtained leave from us and thereby preferred these two appeals challenging the order of admission of the wi..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....murder has in fact been based on the testimony of a single eye-witness, P. W. 5 Golam Ali, whose conduct appears to be suspicious. The learned Advocate further contends that Golam Ali being a sickly man all the year round and having defective eye-sight was hardly in a position to recognise ......shy;peal No. 93 of 1983.) Judgment: Shahabuddin Ahmed J.-This appeal by special leave calls in question an order of the High Court Division at Jessore, dated 11 February,1986..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......of the locality, but on appeal the High Court Division at Rangpur by the impugned judgement acquitted them all. Being dissatisfied with the acquittal the State has come before us in appeal on leave granted by us to consider whether the acquittal is warranted in view of the evidence and..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ...... and the seniority of respondents were governed by Regulation 18(a). 7. Being aggrieved by the judgment of the High Court Division the appellant Corporation moved this Court and obtained special leave to appeal in the following terms: "Mr. Asrarul Hossain, learned Counsel for the defe..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......ough the judgments written by Badrul Haider Chowdhury, Shahabuddin Ahmed and M.H. Rahman JJ; I concur with the judgment of Badrul Haider Chowdhury J. Badrul Haider Chowdhury J. - This appeal by leave is directed against an order of acquittal passed by the High Court Division in Criminal Refe..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......ect of which the appellant filed the writ petition seeking release of the property and also restoration of possession. 3. Appellant being aggrieved moved this Court and obtained special leave to appeal in the following terms: "Mr.T. H. Khan, learned Counsel for the ..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......Company Matter No. 21 of 1986.) Judgment: Shahabuddin Ahmed J.-That appeal by special leave calls in question an order of a learned Single Judge of the High Court Division dated 26 Jun..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ....... (From the judgment and order dated 23.4.1986 passed by the High Court Division, Dhaka Bench in Writ Petition No. 179 of 1985.) Judgment Badrul Haider Chowdhury J. - This appeal by special leave is directed against the judgment and order of the High Court Division in Writ Petition No. 1..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......rom the judgment and order dated 21-8-84 passed by the High Court Division, Dhaka, in Civil Revision No.3 of 1984). Judgment Shahabuddin Ahmed J.-The question raised in this appeal by special leave is whether the High Court Division is well-founded in law in holding that the plaintiff-resp..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......Involved: S.R. Pal, Senior Advocate instructed by Kazi Abdul Hoque, Advocate-on-Record—For the Petitioners. Not represented- The Respondents. Civil Petition for special leave to Appeal No. 301 of 1985. (From the Judgment and Order dated 24.7.85 passed by ..Category: Property Law | Date: | Hits: 43
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ...... S.A. No. 305 of 1978.) Judgement: M.H. Rahman J. - This appeal by special leave, at the instance of the heirs of the plaintiff, has arisen out of a suit for partition. ..Category: Property Law | Date: | Hits: 37
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ......on No. 24 of 1983.) Judgment: Badrul Haider Chowdhury J.-This appeal by special leave is directed against tae judgment and order passed by the Division Bench of the High Cour..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......neous appeal, being F.M.A. No. 98 of 1984 preferred by the appellants. 4. Being aggrieved, appellants moved this Court against the order of the High Court Division and obtained special leave to appeal to consider the contentions that since the appellants gave no personal guarantee fo..Category: Business or Commercial Law | Date: | Hits: 100
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......s, 402 and 403 of 1971.) Judgment: Shahabuddin Ahmed J.-These two appeals by special leave are directed against a common judgment of the High Court Division dated 16 February 1983 disp..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......the judgment of Badrul Haider Chowdhury J. Badrul Haider Chowdhury J. - This appeal by special leave is directed against the judgment of the High Court Division, Dhaka Bench, in Second Appe..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......8 of 1984. (From the Judgment and decree dated 12th June, 1984 passed by the High Court Division, Dhaka, in S.A. No. 402 of 1975) Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judgment and decree passed by the High Court Division in S.A. No. 40..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......rejected the application under Order 7, rule 11, C.P.C. for rejection of the plaint. 9. Against the judgment of the High Court Division, plaintiff-applicants moved tins Court and obtained special leave to appeal in terms as follows: "Mr. M.H. Khondker, Counsel for the plaintiff-petitioners c..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......2/34 of the Penal code but set aside the sentence under section 449/34, of the Penal Code No separate sentence under section 449/34 was passed. 10. Appellants moved this Court and obtained special leave to appeal in the following terms: “Mr. Abdul Malek, learned Advocate for the petition..Category: Criminal Law | Date: | Hits: 56