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Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....y Bhusan Bardhan Vs. The Sub-Divisional Officer, Brahmanbaria & another 30 DLR SC 139, RJ. Reuter Co. Ltd. vs. Fred Mulhens 1953 All E.R. 1160. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him), instructed by Syed Sakhawat Ali, Advocate-on-Rec......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......ginal owner e.g. Hemnalini has power to transfer this property by way of executing kabala. ………………….(40, 42 & 44) Cases Referred to- Benoy Bhusan Bardhan Vs. The Sub-Divisional Officer, Brahmanbaria & another 30 DLR SC 139, RJ. Reuter Co. Ltd. vs. Fred Mulhens 1953 All E.R..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....thers AIR 1975 All. 399, Nepal Chandra Dutta V. Mrinal Chandra Dutta AIR 1980 Cal. 184, Nitindra Nath Roy Chowdhury vs. Subhas Ch. Kar 85 CWN 915. Lawyers Involved: Khondker Mahbub Uddin Ahmad, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Recor......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
.... v. Cassel, 1 KB (1916) Vol.1, p. 595, Farzand Ali v. Province of West Pakistan, PLD 1970 SC 98, Laliteshwer Prasad vs. Bateshwar Prashad, AIR 1966 SC 580. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate with him), instructed by Sharifuddin Chakladar, Advocate-....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......21. Learned Counsel for the appellant argues that the appellant resigned and withdrew from the list of contractors of the Upazilla Parishad by a letter dated 10.4.85 which was accepted by the Nirbahi Officer and as such he ceased to be a contractor. We have already pointed out that to be a contracto..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....t Division is altered with conviction under section 304 part 1 of the Penal Code…….(8 & 9) Lawyers Involved: B. Hossain, Advocate-on-Record - For the Appellant. Rafiqur Rahman, Senior Advocate, Instructed by Serajur Rahman, Advocate-on- Record- For the Respondents Nos. 1, 2, a......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....lah Kumar Chakrabarty's case, 1981 BCR(AD)41, Ramjan Ali Mistry's case, 31 DLR(AD) 183, M/s. Binning & Co. Vs. M/s. Nasirabad Properties Ltd. 1986 BLD (AD) 354. Lawyers Involved: M.H. Khondkar, Senior Advocate, (Azizur Rahman Chowdhury and AJ. Mohammad Ali, Advocates with him) instructed by Mi......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
.... Vs. Mohammadul Huq Usmani & others………………Respondents Judgment March 19, 1987. Lawyers Involved: T. H. Khan, Senior Advocate, (Abu Taher Chowdhury, Advocate, with him) instructed by Md. Aftab Hossain, Advocat......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ...... established by the papers on record." 16. It appears from the order sheet that the counting was done on all the days in the presence of the parties, their lawyers and the Presiding Officers and both sides enthusiastically took part in the process of re-counting. They were fi..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....spondents Judgment April 5, 1987. Cases Referred to- Erfan Ali vs. Joynal Abedin Mia, 1983 BLD (AD) 342=DLR 35 (AD) 216. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellant. Abdul ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....llip;…………………………Respondents Judgment September 2, 1985. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by Md. Sajjadul Hoque, Advo......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......d not obtain the kabala, his claim as a co-sharer in respect of plot No. 404 appears to have no basis. As early as 22nd July 1976 order for separation of plot No. 404 was passed by the Circle Officer (Revenue) in Miscellaneous Case No, 701 of 1975-76. Respondent No.1 filed the present pre-e..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....iddique, Advocate-on-Record— For the Appellant. Salehuzzaman, Deputy Attorney General, instructed by A. W. Mallik, Advocate-on-Record—For the Respondent No. 1. Khandker Mahbubuddin Ahmed, Senior Advocate, (Mahbubey Alam, Advocate with him) Sayed Sakhawat Ali, Advocate-on-Record—For t......H Rahman J. Order of the Court By a 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)(1987) 223. ......H Rahman J. Order of the Court By a 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)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....Abdul Malek Kazi, 38 DLR (AD) 22. Nafar Chandra Pal vs. Sukur Sk., AIR 1918 (PC) 92. Lawyers Involved: B. Hossain, Advocate-on-Record—For the Appellants. S. S, Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record—For the Respond......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
.... Lawyers Involved: Syed Sakhawat Ali, Advocate-on-Record— For the Appellant. Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Abdul Malek, Senior Advocate—Amiens Curiae. Civil Appeal No. 37 of 1984. (From the judgme......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....259); Messrs. Kohinoor Mercantile Corporation vs. Hazera Khatun and another (14 DLR 47); 14 DLR 47= PLD 1963 Dhaka 238; AIR 1955 All, 353; (1941) 2 K.B. 89. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For the Appellant. Miah A......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: ......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: ..Category: Procedural Law | Date: | Hits: 124
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
.... Cases Referred To- Ellal Textile Mills Ltd., 38 DLR (AD) 26; Re Sulekha Works Ltd, AIR 1965, Cal. 98. Lawyers Involved: Syed Ishtiaq Ahmed and Khondkar Mahbubuddin Ahmed, Senior Advocates (Mahmudul Islam, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-......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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....llip;……………………………….Respondent Judgment March 16, 1987. Lawyers Involved: Serajul Huq, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. ...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......gistrate (P.W. 1) about any torture or mal-treatment upon him by the police who produced him before the court within 36 hours including the period spent on the journey. The investigating Officer (P. W. 25) who produced him before the Magistrate denied the suggestion that he had subject..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....rred to- Rahima Aktar Vs. Asim Kumar Bose 1985 BLD (AD) 155; Watson v. Winch, 1 K. B. (1916) 688; Surtees v. Ellison (1829) 9 B & C. 750, 752. Lawyers Involved: S. R. Pal, Senior Advocate, Nurul Islam Chowdhury, Advocate with him instructed by Sharifuddin Chaklader, Advo...... 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)
.... AIR 1917 PC 25; Siraj Din v. Kala, 16 DLR, SC 95; A.I.R 1917 P.C. 25; 16 D.L.R (SC) 94. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Appellant Abdul Malek, Senior Advocate Sharifuddin Chaklader, Advocate-on-Record.— For the Respondents. Crimin......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. ......he truth was the member, Azizur Mondal, about whom reference was made in the First Information Report itself to the effect that the accused first dragged Khijir to his house. The Investigating Officer (P.W. 10) examined him accordingly but did not cite him as a witness obviously becaus..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....ndent Judgment May 14 1986. Cases Referred to- Nava Kumar vs. Radhashyam. AIR 1931 (PC) 229; United Provinces Vs. Atiqa Begum, AIR 1984 PC 16. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record-For the Appellant. Rafiqur Ra......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. ......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. ..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. ......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. ......er; she stated that for protection of her property she decided to marry the member. Hafsa was sought to be contradicted by the defence on the ground that she did not mention it to the Investigating-Officer or to the Magistrate. This appears to be a mere omission, for, it is the Defence, which itse..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....Revenue, AIR 1963 SC 786; Zahirul Huq Vs. Ejamul Huq (1982) 34 DLR AD 25; Abdul Khaleque Bains vs. Government of Bangladesh, Civil Appeal No. 21 of 1986. Lawyers Involved: T. H. Khan, Senior Advocate, M. A. Mahbub Miah, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on...... 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. ...... in 1973 without issuing any notice upon him at the instance of certain interested persons. Since 12th April 1972 when appellant made his first representation in writing to the Sub-Divisional Officer Sadar (South), Dhaka he made innumerable representations to the Government which refus..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....ng Services Ltd. v. Westminster Window and General Cleaners Ltd. RPC Vol. 62-63 p. 39; K.M. Multani v. Paramount Talkies, AJR 1942 Bom. 119. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellants. ......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. ......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. ..Category: Intellectual Property Law | Date: | Hits: 239
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