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Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......in favour of the persons in possession. 7. Mr. Fazlul Karim, the learned Counsel, appearing for the appellants argues that the learned Judge of the High Court Division committed an error of law by entering into a complicated question of title in a case which is to be decided solely on the..Category: Property Law | Date: | Hits: 28
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ....... The Court in a suit under section 77 merely confines it§ inquiry as to the question of execution of the deed. The decision in Rashiuddin Vs. Naresh 8 DLR Dhaka 648 made correct exposition of law and we have no hesitation in placing reliance on it 8. The argument of Mr. Gholam Rabba..Category: Property Law | Date: | Hits: 25
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......I of 1962), section 32 (3) The Limitation Act, 1908 (Act No. IX of 1908), section 14 read with section 29 (2) Time available under section 32 (3) of the Waqf Ordinance, 1962, which is a special law, having long existed, the respondent might invoke provision of section 14 of the Limitation Act ..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......ct. This legal aspect of the matter had not been taken into consideration by the learned Court of appeal below causing an error affecting the merit of the case and it cannot stand the scrutiny of law." Analysis of the evidence shows the plaintiff's possession of the suit la..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ...... not made or bond was not furnished at the time of presentation of the application, the application was not maintainable. Still the appellant did not take any step to comply with, the requirements of law rather he took two more adjournments for hearing of the application and one of the application..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ...... evidence unless it is shown that the inferences drawn from the evidence are perverse and the benefit of doubt given by the Appellate Division was not in accordance with the established principles of law…………(17) The order of acquittal passed by the High Court Division not being based on c..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......urn from India. In the circumstances the learned Single Judge of the High Court Division rightly refused to disturb the finding as to abandonment. We fled this decision to be Well-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as t..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......der Chowdhury J. — In this petition for special leave the question is whether the High Court Division was right in holding that the suit instituted by the plaintiff’s petitioners is barred by law and the learned Munsif correctly rejected the plaint under Order 7, rule 11 of the Code of Civil..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......he firm, who was in charge of the contract work as Receiver in respect of the assets and properties of the firm and for carrying on the incomplete work with the employees of the firm according to law. Against this order appeals were filed before the High Court Division by the aggrieved parties. ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......1978 accused Sattar Mir (he is not among the appellants here) went to the house of Rahim Farazi and invited him to his house and accordingly Rahim Farazi left his house accompanying .his brother-Jo law Sattar Mir. In the morning of 19 December 1978 the dead body of Rahim Farazi was found hanging..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......for investigation of the offence under the Drugs Ordinance by a designated class of officer have not been followed……………(7) If an act under both the General law as well as under the Special law constitutes an offence, in such a case it would be more approp..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......liability of the defendant company. Even assuming it to be false, why the defendant company did not take any action against defendant No.2 for making such a false statement in a Court of law as well as saddling it with liability for payment of the aforesaid sum to the plaintiff Bank. A..Category: Business or Commercial Law | Date: | Hits: 139
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ...... Judgment Shahabuddin Ahmed J. — In this appeal by special leave the main question is whether the conviction of an accused under section 304 of the Penal Code is sustainable in law when there was neither any charge framed against him nor was his attention drawn, while examin..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......h Court Division in Writ petition No. 41 of 1993 making the rule absolute declaring the judgment of the Court of Settlement dated December 24, 1992 in case No. 397 of 1989 to have been passed without lawful authority and is of no legal effect and further declaring the enlistment of the holding No. N..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......thorised receipts of salaries, emoluments and allowances by the absentee Members of the Parliament without leave of the Parliament are recoverable by appropriate authority upon due process of law". 5. The writ petition was filed at the first instance seeking relief in the follow..Category: Constitutional Law | Date: | Hits: 147
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......o provision of sentence of imprisonment in the rule under which the sentence is awarded, in default of payment of fine, the Court can award sentence of Imprisonment for the period as prescribed by law, for such amount of default in payment under section 31(1) and 33(1) of the Code of Criminal Pr..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......r and leave was granted to consider the correctness of the decision of the High Court Division in remanding the case when according to the appellant substitution had already been made according to law. 4. The original Mutwalli Abdul Ghani died in November, 1970. During pendency of the app..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....ground of equity and justice the appellant's vested right by court-sale should not have been affected by a subsequent enactment. But in view of express language of the amending statute the Court cannot give a different ...... by subsequent court-sale - Per Shahabuddin Ahmed J.………..(21) “It was held by the Supreme Court of Pakistan that the legislature which is competent to make a law has full and plenary power to legislate retrospectively and prospectively.” Hamoodur..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......72 passed by the High Court Division, Comilla on 4.4.83 remanding the case to the first appellate Court allowing the plaintiffs to amend their plaint and for disposal of the same in accordance with law. 2. Plaintiff respondents instituted O.C. Suit No. 177 of 1967 in the Additional Court o..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......not be said that Appellate Court can under no circumstances give him the relief under the provision of Order XLI rule 33. A litigant cannot take undue advantage on the technicality of a procedural law. The appeal is dismissed…………………(14) Cas..Category: Property Law | Date: | Hits: 38
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