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Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
....ion raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ...... premises in question is No. 4. Asad Avenue, Mohammadpur, Dhaka. It consists of several rooms. The appellant has been occupying one such room as a monthly tenant and running a business there from the time of the previous owner, one Mrs. Amirunnessa. The respondent got title and possession of the ent...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ..Category: Tenancy Law | Date: | Hits: 111
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....he result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ...... High Court Division, Rangpur Bench discharging the rule and affirming the judgment of the lower appellate court. It appears that no one appeared on behalf of the appellant-petitioners at the time of the hearing of the rule before the High Court Division. The learned Single Judge however en...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....rcumstances 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. ......plications were heard analogously by the Admiralty Court which allowed the application filed by respondent No. 2 on the finding that the plaint is barred under section 8 of the Maritime Convention Act, 1911. Application filed by the respondent No. 3 for striking out its name was ......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. ......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
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
....gment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ......an Deb Nath & others.......................Respondent Judgment December 7, 1983. The appellant is claiming custody of his daughter who is in judicial custody at the same time the respondent claiming himself husband of the detenu seeks her custody. The matter is pending...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
.... 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. ......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. ......ompensation against the Corporation of its officer by a plaintiff who may be aggrieved by any of their orders. Similarly sub-section 3 of section 74 of the Ordinance contemplates suits for recovery of possession of immovable property and for declaration of title. In this view we held th......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
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....e with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ....... T. H. Khan, learned Advocate for the appellants, contends that the appellants were, in fact, discharged twice before on the same allegation and now they have faced the same allegation for the third time; but as there is no fresh evidence brought against them it is not at all open to the learned Ma......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....al 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. ......abala through court upon filing of necessary certificate. 5. The Government of Bangladesh preferred First Appeal being F. A. No. 157 of 1976 before the High Court Division. In the meantime the plaintiff decree-holder filed execution case No. 30 of 1974 for execution and registration......gment and decree dated 30.7.74 passed by the learned Subordinate Judge, 1st Court, Mymensingh, in Other Class Suit No. 88 of 1973. 2. It was a suit for specific performance of contract and recovery of possession from the defendant No. 1 Aziza Bibi. The Government of Bangladesh and t......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)
..... 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. ......is own materials” does not make the tenant owner of the land as well as the structures. The materials were used because the landlords were not in position to procure or purchase them at that time, but they gave permission for using these materials on specific condition that the tenant woul......is entitled to protection under section 7 of the said Act. 2. Respondents-plaintiffs filed Title Suit No. 51 of 1965 in the 3rd Court of Munsif, Jessore, for ejectment of the appellant and recovery of khas possession of the suit land. The suit land lies within the Jessore Municipal Area ......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
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....ess of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......te when he passed the order drawing up proceeding under section 145 Cr.P.C. and as such the impugned order is not without jurisdiction, more so when he kept the matter open for consideration at the time of hearing of the proceeding on the next date. 10. Mr. Ahmed Sobhan, the learn......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ..Category: Criminal Law | Date: | Hits: 75
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
.... 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. ......so made an application for raising his claim to Tk. 39,000/- explaining that he had put his claim at Tk. 5000/- earlier because of his inability to pay Court-fees for the whole of his claim at the time of filing the suit. Objection was raised by the defendant-respondents to the effect that the c......r. Karmaker’s argument. The decision reported in 45 ILR as relied upon by Mr. Shahabuddin Ahmed appears to cover both law and fact of the instant case. There the plaintiff filed the suit for recovery of money due on a mortgage of the 1st April, 1915. There was a previous mortgage dated 7 J......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)
....itioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......................... Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment March 28, 1983. The Appellant himself knew at the time of appointment to the cadre of E.P.C.S. class II officers from the parent department that he ......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." ......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)
....g 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. ...... they all came from the same locality of Noakhali and presently carrying on business in Khulna. 4. The complainant stated in his complaint petition that the accused persons borrowed from time to time between the period 18.1.74 to 1.5.74 a sum of Tk. 25,500/-from the complainant for the ......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. ......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)
....ourt 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. ......t has been left for the final decree is the execution of the consequential work, such as, demarcation of different sahams in a partition suit, or ascertainment of mesne profit it in a suit for the recovery of such profits. Opinions were however divided on the question, whether on the death of a ......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)
.... (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 and others.........ng in question the executability of the Money decree passed in Money Suit No. 7 of 1955. Miscellaneous Case was allowed on contest and the learned Subordinate Judge struck off the execution case as time barred. Plaintiff appellant thereafter preferred the F.M.A. which was rejected summarily as st......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. ......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
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... soon thereafter. This occurrence of actual assault of deceased Dilara. was seen by her younger sister PW 2 Most. Rowshan Ara @ Mina who was also reading along with the deceased in that room at the time of occurrence. On hearing the alarm of the deceased and her younger sister, PW 3 Most. Rabeya ...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....d. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......24.11.79 after publication in the local weekly 'Ispat' dated 25.8.79 that the defendant was an ejectable monthly tenant under the plaintiff's predecessor at a monthly rental of Tk. 68.00; that at the time of the kabala the vendor introduced the plaintiffs to the defendant as the new owner of the sui......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....(seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......r of appellant Jatin and the other accused Bijoy, a neighbour. Jatin developed illicit relationship with Saya Rani, daughter of accused Bijoy, after a peaceful married life of one year. At the same time, he began to put pressure for realisation of money on account of dowry and started ill-treatin......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....de 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. ...... Court of Subordinate Judge, Dhaka under section 14/17 of the Arbitration Act for making the award a Rule of the Court. The notice was served on the appellants on 17.7.88. The appellants prayed for time thrice to file written objection on the ground, first, that papers could not be collected and...... 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. ...... 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)
....re 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. ......ction from the suit premises. 5. In their joint written statement the alleged of sub‑letting was completely denied. It was stated that Ansar Ali took Sunil as his business partner sometime in 1976 owing to paucity of fund and since then the partnership business of selling banana in ......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. ..Category: Property Law | Date: | Hits: 30
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....gned 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. ......in charge in the Council, a charge‑sheet dated 12th June, 1982 was served upon him alleging that he was not regular in his attendance, that while working in the Council he was holding a full time job in the National Laboratories Ltd., Abhoy Das Lane, Dhaka‑2 and receiving financial b......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. ......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
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