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Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....the submission made by the learned AdvoÂcate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......Order IX, rule 13 of the Code of Civil Procedure learned Assistant Judge cannot restore the suit in exercise of inherent power under section 151 of the Code………………………(5 & 6). Lawyers Involved: T. H. Khan, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record ..Category: Procedural Law | Date: | Hits: 88
Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....ion Commission Sher-e-Bangla Nagar, Dhaka and others..............Respondents Judgment April 31, 1989. Result: The Appeal is dismissed. The Local Government (Union Parishads) Election Rules, Rules 38-43 The appellant is not entitled to raise the question of repoll for the first ti......rected consolidation and acceptance of the result as submitted by the Presiding officer, the High Court Division could not sit on judgement over it and direct repoll………………………(5) Lawyers Involved: Md. Joynul Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Recor..Category: Election Law | Date: | Hits: 125
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....ns taken or to be taken by the parties including defendant No. 5. The appeal is accordÂingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......…………………………….(5) Cases Referred to- ÂA.H. Chowdhury Vs. M. Hossain & ors BCR 1984 (AD) 532; Abu Ahmed A. Hafiz & ors Vs. M.A. Hoque Shirajee 1983 BLD (AD) 193. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. Md. Aftab Ho..Category: Procedural Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Election CommisÂsion & others, 1989, 18 CLC (AD)
..................Respondent Judgment April 23, 1989. Result: Tthe appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983) The Union Parishads (Election) Rules, 1983, Rule 29 Direction for holding re-election passed by the election commissioner on the......athered from the report of the presiding officer, the High Court Division acted illegally in interfering with the election commission’s order for re-election…………………….(3 & 4) Lawyers Involved: Zakir Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.—F..Category: Election Law | Date: | Hits: 114
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ..............Appellant Vs A.N.M. Serajul Haque beÂing dead his heirs: Jahibul Hoque and others..................Respondents Judgment March 2, 1989. Result: The appeal is allowed. The Laws (Continuance in Force) Order, 1958, Article 6(5)(b) The High Court Division was in error in ..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed withÂout any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......al) 457; Veeraswami Reddy Vs. Kanakammal AIR 1961(Mad)198; Muthia Chettiar & ors. Vs. V.E.S. Shanmugham Chettiar & another, AIR 1969(SC) 552; ILR 8 Bom 561; ILR 4 All. 530; 7 DLR (FC) 170. Lawyers Involved: Maksudur Rahman, Senior Advocate, instructed by B. Hossain, Advocate-on-Recordâ..Category: Procedural Law | Date: | Hits: 132
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
.... the ReÂspondent. Civil Appeal No. 60 of 1986. (From the judgment and order dated 8th May, 1986 passed by the High Court Division, Dhaka in Appeal from Original Order No. 18 of 1986 with Civil Rule No. 55 (FM) of 1985). Judgment: Badrul Haider Chowdhury J.-Leave was granted to consider......ocess of coming to a conclusion as to claim and counter-claim which can only be thrashed out in the pending suits which are directed to be disposed of expeditiously…………………………(7) Lawyers Involved: Asrarul Hussain, Senior Advocate instructed by Md. Wahidullah, Advocate-on-Reco..Category: Banking Law | Date: | Hits: 99
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......y the advocate commissioner before final decree having regard to all the principles of partition and the defendants can take objection, if any, before the decree is made final…………….(13) Lawyers Involved: S.R.Pal, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Reco..Category: Property Law | Date: | Hits: 32
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....ate by filing the Writ Petition No. 376 of 1988 on the ground that no election was held beÂcause of the disturbances in one of the centres. The High Court Division after hearing the parties made the Rule absolute and set aside the Election ComÂmission's order with significant observation "that the......case, the High Court Division erroneously interfered in writ jurisdiction. The appeal is allowed and the judgement and order of the High Court Division is set-aside………………..(3 & 4) Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by Aminul Huq, Advocate-on-Record..Category: Election Law | Date: | Hits: 115
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......Courts below and allowed the Miscellaneous Case and restored the Title Suit to its file and number subject to payment of Taka 2,500/- towards the respondent's legal expenses…………………(5) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, ..Category: Property Law | Date: | Hits: 38
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....estion of default is not very much imÂportant. Without interfering as to the finding on default on the part of defendants I think section 18(3) can be applied." 5. In this view of the matter, the Rule was made absolute and the judgment and orders of the courts below were set aside. 6. Leave w......erest was transferred. The defendants No. 1 and 2 have not gone away from the premises leaving it to defendant No. 3………………………(13) Cases Referred to- 13 ALL 432; 34 CWN 230 Lawyers Involved: M. G. Bhuiyan, Advocate-on-Record-For the Appellant. Khondkar Mahbubuddin Ah..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ...... is converted to conviction under section 403 of the Penal Code and the sentence is reduced upto the period already undergone……..(5 & 13) Cases Referred to- Allahabad case 1919 Criminal Law Journal Vol. 20, P. 218, Moynes Vs. Cooper, 1956 Law Reports (Vol. 1) Queens Bench Division, pag..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......tlement was completed. Thus he having parted with the land under proposed settlement, he was not entitled to an order of injunction to maintain his alleged possession……………….(7 & 8) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by A. Baset Majumder, Advocate-on..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....s including respondents 6-8 (defendants 7-9) who are said to have attained maÂjority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......pt to allow undergoing a formal ritual of the observance of rule 3 of Order 32 of the Code which will have no practical bearing on the adjudication of the matter. …………………(6 & 7) Lawyers Involved: S. R. Pal, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Rec..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is alÂlowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ...... 475; Farzand Ali Vs. Province of West Pakistan, PLD 1970 (SC) 98; Md. Mostafa Hossain Vs. Md. Faruque, 40 DLR (AD) 10; University of Mysore Vs. Govinda Rao, AIR 1965 (SC) 491; AIR 1959, Bombay 2. Lawyers Involved: A.W. Bhuiyan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Reco..Category: Election Law | Date: | Hits: 130
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
........................... Defendant-Petitioner. Vs M/s. Raj Textile Mills Ltd............................................Plaintiff-Respondent. Judgment December 13, 1988. Result: The Rule is discharged. The Constitution of Bangladesh, 1972, Article 104 This case is for transfe......ion. When two suits between the same parties out of same transaction are pending in two courts in different places suit filed later may be stayed till disposal of the earlier one…………..(3) Lawyers Involved: Abu Nasr Md. Gaziul Hoque, Advocate instructed by Md. Aftab Hossain, AdÂvocate..Category: Procedural Law | Date: | Hits: 110
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......€¦â€¦â€¦â€¦â€¦Appellant Vs. State and others…..….....Respondents Judgment March 16, 1978. Case Referred to- Bakshu Mian Vs. Govt. of Bangladesh, (1978) 30 DLR (SC) 228. Lawyers Involved: Khondker Mahbuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Recor..Category: Criminal Law | Date: | Hits: 43
....of Munsif, 5th Court, Chittagong, was done on correct principle as provided in Order 6, rule 17 of the Code of Civil Procedure and on the judicial authorities propounding the principle underlying the Rule.
2. Facts are that the plaintiff-respondent, who is the contiguous owner of a land to that ......Das Vs. Amir Khan, AIR 1921 PC 50; Keramat Ali Vs. Muhammad Younus Haji, PLD 1963 (SC) 191=15 DLR (SC) 120; Golam Hafez Meah Vs. Khadem Ali Meah 29 DLR 311; Md. Zahoor Ali Khan's case 11 MIA 468.
Lawyers Involved:
T.H. Khan, Senior Advocate, with Formanullah Khan, Advocate, instructed by A. ..
Category: Property Law | Date: | Hits: 36
Unimarine S. A. PaÂnama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ...... Bangladesh...........Respondent Judgment August 15, 1977. Cases Referred To- Shamsul Hada Vs. Mozammel Huq (1975) 27 DLR 256; Premraj Vs. Maneck Gazi, AIR, 1971 Calcutta 156. Lawyers Involved: S.R. Pal, Senior Advocate, with M. Maiqfizullah and Nurul Islam, Advocates ins..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....aim he is enÂtitled to. 15. On perusal of the decision in the case of Makhanlal Nag Vs. Reajuddin Sepai (1961) 13 DLR 323 cited by Mr. Khandker it appears that the question of application of the Rule of partial pre-emption barring the right was considered in a case under section 96 of the Act w......epai (1961) 13 DLR 323; Syed Abdul Karim Vs. Harendra Chandra Dhupi (1962) 14 DLR 847; 17 DLR 618; 19 DLR 659; 21 DLR 647; 22 DLR 64; 26 DLR 93; 21 DLR (AD) 5; 38 CWN 288; 38 CWN 654; 43 CWN 200. Lawyers Involved: M. H. Khondker, Senior Advocate with Shafiqur Rahman, Advocate, Instructed by ..Category: Property Law | Date: | Hits: 32
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