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M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
.........................Appellants Vs. Sonali Bank & ors.........................................................Respondents Judgment August 3, 1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order N......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......ority and no order of injunction shall lie…….(7) The Bank wanted to proceed against the properties which were offered as security against the loan obtained by the appellants before it was treated as abandoned property, but in all fairness the Bank should have made them parti......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Asaduzzaman………………...................................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Public Works & Urban Development ……....... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ......nd liberty of a person, and not only laws extend protection to such right, even the Constitution has, subject to certain qualifications or restrictions which can be imposed in the public interest or for public purpose recognized such right…………….(12) Right to specific performance of con...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....li J Md. Muzaffar Hossain.................................Appellant Vs. King Fishers Industries Ltd. and ors..............Respondents Judgment June 2, 1983. Supreme Court of Bangladesh Appellate Division and High Court Division The High Court Division has no jurisdic......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......appellate stage in consequence of a direction by the learned Judges of the High Court Division issued on June 20, 1981 to show-cause why appropriate action under law should not be taken against him for allowing the Trawler in question to escape from the lawful custody and for not informing the C......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. .................................Appellants Vs. Baktear Ahmed Chowdhury & other.............................Respondents Judgment June 14, 1983. The provision for the appointment of a receiver is to be considered as one of the harshest remedies for the enfor......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ..Category: Property Law | Date: | Hits: 45
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
.... Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Inland Water Transport Corporation……………...............on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......ppellant Vs. M/s. Seres Shipping Incorporated & ors........................................…...Respondent Judgment June 13, 1983. No action to enforce any claim or lien against a vessel or her owners in respect of any damage or loss caused to a......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..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. ......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. ....... For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Officer were the relevant materials for consideration.....(9) Within the scope of section 143 A, there is hardly any ground for ......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)
.... Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricultural Development Corporation................................Appellant ......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. ......spondents Judgment May 22, 1983. In case of impleading the corporation the requirement of law is that two months’ notice in writing has to be given to the corporation before filing of the suit. The act complained of is an order of dismissal and the act is done under ......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
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Badruddin Khan…………....................Appellant Vs. Bangladesh & another…………...........…....Respondents ......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......ciation of evidence on record found that the Plaintiff proved the case and in furtherance of the decree, delivery of possession of the property was made over in a separate execution case. No prayer for stay was made even at the Appellate stage. The defendant contested the suit “in a half he......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......949 (XIII of 1948), sections 2(5), 7. The Civil Procedure Code, 1908 (V of 1908), Section 100 The land was not leased out but the premises thereupon was leased on monthly basis. Therefore, continuous occupation of the premises for over 12 years by the tenant did not bring him withi......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ..Category: Property Law | Date: | Hits: 39
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ......med J.- This appeal by the plaintiff arises out of an order of the High Court Division dated 29 April 1982 setting aside, in revision, the trial Court's order allowing amendment of the plaint for the purpose of raising the claim from Tk. 5000/- to Tk. 39,000/-. 2. The appellant fil......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....dhury J S. Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Saleh Ahmed Joarder................................. Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment March 28, 1983. The Ap......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......right of not being reverted to his parent department. Since the appellant did not join his parent department after the order which amounts to refusal such an officer cannot invoke aid of the court for declaring the impugned order illegal……………….(19) ......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....872) L.R. 4 P.C. 419 A.I.R. 1951 Calcutta, A.I.R. 1965, (SC) at page 1433; Akamuddin Ahmed Vs. The State, 27 DLR (AD) 175(177); Abdul Quader Chowdhury Vs The State, 28 DLR (AD) page 39; Government of Bangladesh Vs A.T. Mrida. 26 D.L.R.(SC) 17; Abdul Quader Chowdhury V. The State, 28 DLR (AD) 39.&nbs......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ...... Ahmed & another...................... Respondents Judgment June 20, 1983. Result: The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled t......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......the 1st Court of Munsif, Mymensingh, against the respondents and many other defendants. Details of the suit which proceeded in a zigzag way need not be given. The suit was decreed in a preliminary form on 16 February 1974 by the lower Appellate Court upon setting aside the judgment of the trial ......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....t Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Bangladesh Jatiya Samabaya Bank Ltd............Appellant Vs. Sangbad Daily Paper ......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......, 1983. The Civil Procedure Code, 1908 (V of 1908), Section 48 (1) (a) (b) The Limitation Act, 1908 (XI of 1908), Article 182 Twelve years is the highest period of limitation for execution of a decree under clause (a) and (b) of section 48(1) of the Code of Civil Procedure.......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Civil Law | Date: | Hits: 107
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....dismissed with costs. Ed. ...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No. 378 of 1988 rejecting the application filed by the defendant-appellant under Order VII, rule 11 (d) of the Code of Civil Procedure for rejection of the plaint. 2. These three appeals have been heard together and will be dis...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ...... (AD) 170l Lawyers Involved: M Gholam Rabbani, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the appellant. Sharifuddin Chaklader, Advocate-on-Record for Md. Ataul Hoque, Advocate-on-Record (absent) - For the respondents. Civil Appeal No. 4 o......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ..Category: Property Law | Date: | Hits: 30
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....issed with costs. Ed. ......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......spondent with reference to the charge‑sheet of 12th June 1982 asking him to submit an explanation to the Principal Scientific Officer (Planning and Development) who was appointed Enquiry Off for the purpose within 7 days. In his explanation the respondent stated, inter alia, that he worke......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......y leave, from the second appellate judgment and decree of a learned Single Judge of the High Court Division, Comilla Bench, allowing the appeal. The trial Court fully decreed the respondents' suit for partition and khas possession on declaration of title to the suit land of 'Ka' Kha', 'Ga' and '......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....sent: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgment February 6, 1991......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......; MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to the First Court of Additiona......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....riefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque Bain (co‑accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Gove...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)/87 in which charge-sheet dated 13.12.87 under the aforesaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has su...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
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