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Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ......75; Kotch Vs. River. Port Pilot ‘Comm’rs (1947) 330 U.S. 552; West Coast Hotel Co. Vs. Parrish, (1936) 300 U.S. 379 at page 400; AIR 1955 SC 166; R.K. Garg Vs. Union of India AIR 1951 SC 2138. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advo­cate (Fida M. Kamal, Advocate with him..

Category: Election Law | Date: | Hits: 212

Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)

....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......r the mere asking of it. The principle of exercise of discretion must be performed upon correct judicial principles, which has been violated and the appeal is allowed……………………(9) Lawyers Involved: Akram Hossain Amin, Advocate-on-Record— For the Appellants. Mahbubur Rahman..

Category: Employment/Service Law | Date: | Hits: 89

Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)

....d any ille­gality in the trial court's decree. 6. Leave was granted to consider the following questions: 1. Whether the suit as framed by the plaintiff-respondent was in terms of Order 6, Rule 4 of the Code of Civil Procedure and also bad for mis-joinder of causes of action. 2. Whet......…….(9) Cases Referred to- Official Receiver and Official Liquidator, Pass Bank Ltd. Vs. Nabadwip Chandra Fodder, 27 DLR (AD) 133; AIR 1936 A11.858, 15-IC 551 and LLR 39 Mad, 645; 9 DLR 1. Lawyers involved: Hamidul Huq Chowdhury, Senior Advocate (Abdus Subhan and B. Hossain Advocates w..

Category: Banking Law | Date: | Hits: 103

Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corpora­tion, 1985, 14 CLC (AD)

....aintiff about the fact of shortage absolves the plaintiff of any legality……………….(15) The Code of Civil Procedure, 1908 (Act No. V of 1908), Order I, Rules 3 and 4 When a common question of fact and law is involved in a suit, all persons may ......on of fact and law is involved in a suit, all persons may be joined as defendant claiming relief against all……………………….(15)  Lawyers involved: B. N. Chowdhury, Advocate, Jane Alam, Senior Advocate Shaheed Alam, Advo..

Category: Civil Law | Date: | Hits: 89

M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)

....tion of liability when any property is taken over by the Government as abandoned property. In the present case whether such determination has at all been made by the Government in accordance with the Rules made under the Order cannot be decided in the absence of the Government as a necessary party. ......ces, the Court's discretion must be exercised in favour of the appellant company. This Court, therefore, disallow the interest outstanding for the period during the pendency of the suit……(69) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmul Islam and Shaheed Alam, Advocates ..

Category: Civil Law | Date: | Hits: 110

Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)

....ad recorded such a finding. 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: 36 DLR (AD) (1984) 282. ......t when the domestic Tribunal has recorded such a finding……..(4)  Case Referred to- New Dacca Industries Ltd. Vs. Quamrul Huda and others, 31 DLR (AD) 234. Lawyers Involved: M. Nurullah, Advocate instructed by Syed Sakhawat Ali, Advocate-on-Recor..

Category: Employment/Service Law | Date: | Hits: 92

Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)

....noticing AIR 1947, Lahore page 13 is no longer good law. AIR 1966 (SC) 1300 has followed Ajudha Vs. Shams (AIR 1947 Lah 13 and quoted with approval a passage of Cornelius J (as be then was) Order 21 Rule 49 C.P.C. throws light on the point. An interest of a partner is partnership assets is intended...... Narayanappa Vs. Bhaskara Krishnappa, AIR 1966 SC 1300; Ajudhia Pershad Ram Vs. Sham Sunder AIR 1947 Lan. 13; Jaharmal vs. Tejram Jagrup 17 Bom 235; East End Agencies Vs. Mafizuddin, 20 DLR 1056. Lawyers Involved: S. R. Pal, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record..

Category: Business or Commercial Law | Date: | Hits: 114

Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)

....red firm or whose name does not appear on the Register of the Firms, to enforce his rights against the firm or any partner of the firm is by bringing a suit for the dissolution of the firm. Order 6, Rule 17, C.P.C. was relied upon in support of the contention. And further, insofar as the amendment ......ia Vs. Khadem Ali (1977) 29 DLR SC 311; Keramat Ali Vs. Md. Yunus (1963) 15 DLR SC 120; Md. Zahoor Ali Khan Vs Mst. Thakooranee 11 MIA 468; Abdul Rezzak Vs. Nashruddin Ahmed (1950-59) 63 CWN 766. Lawyers Involved: Syed Ishtiaq Ahmed, Advocate (Mahmudul Islam, Advocate with him) instructed by..

Category: Property Law | Date: | Hits: 99

Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)

..............................Respondent Judgment April 25, 1984. Result: Tthe appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order V, rules 17 & 19 The Civil Rules and Orders, Rule 91 (2) Finding of the Trial Court having resulted from glaring misconcepti......rvice arises and in that circumstances service by hanging is appropriate. Cases Referred to- Zahar Begum Vs. Razaul Quadir (1973) 25 DLR 91; Keshab Chandra Vs. Baliganj Estate 76 CWN 281. Lawyers Involved: Rafiq ul-Huq, Senior Advocate,(Md. Zaker Hossain, Advocate with him) instructe..

Category: Procedural Law | Date: | Hits: 93

Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)

.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......Das Vs. Hiran Kumar Das, 21 D.L.R. (Dhaka) 918; Ouseph Poulo Vs Catholic Union Bank, 1965 (SC) page 166; AIR 1923 All 474; AIR 1950 All 86; Moulvi Mohammad Ismail vs. Amad Ali, 20 CWN 948. Lawyers Involved: Shaukat Ali Khan, Senior Advocate instruc­ted by A. Baset Majumder, A..

Category: Property Law | Date: | Hits: 42

Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)

....as well as of the trial Court and the lower Ap­pellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ....... 277; Tara Munnee Vs. Motee Buneanee 7 SDA 273; Grida Lal Vs. Bengal Govt. (1963) 12 MIA 448, Visvanatha Vs. Duraiswami Mudali AIR 1926 Mad. 259; Hiralal Vs. Tripura Charan 40 Cal 650 F.B. Lawyers Involved: Mohammad Roushan Ali, Advocate instruc­ted by A. N. M. Manzurul Hasa..

Category: Property Law | Date: | Hits: 112

Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)

....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 220. ......p; Cases Referred to- Parsotim Vs Lal Mohar 58 IA 254; Md. Siddiq Vs Australisaia Bank PLD 1966 SC 684; Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi, (1981) 33 DLR (AD) 505. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (B. B. Roy Chowdhury, Senior Advocate..

Category: Property Law | Date: | Hits: 34

Moulvi Abdulla Wel­fare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)

....er is an officer of the Court to whom is given possession of custody and management of certain property. The received is the custodian of the property, he is liable to render account to the Court. Rule 14 provides for enforcement of the receiver’s duty. The receiver being a statutory perso......nkar Vs Ranee Golapmonee 5 CWN 22: Boehm Vs Goodall (1911) I Ch. 155; Re Canal Iron Works (1876) 3 Ch D. 411; Davy Vs Scarth (1906) 1 Ch. D. 55; Ali Ismail Vs Momin Bibi, AIR 1954 Cal. 386. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate wit..

Category: Property Law | Date: | Hits: 39

Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)

....side the order of the District Judge and affirmed the order of the trial court. The learned Single Judge noticed that the petition under Order 21, rule 32 was maintainable indepen­dently inasmuch as Rule 32 (1) CPC pro­vides an independent remedy to the decree holder in case the judgment-debtor vi......Vs Peary Chowdhurani, 8 Cal. 174; Kishore Bun Mohunt Vs. Prosanna Coomar 21 Cal 74; Durga Das Nanda Vs. Deoraj Agarwala, 10 C. W. N. 297; Protap Chandra Das vs. Peary Choudhurani, 8 Calcutta 174. Lawyers Involved: T. H. Khan, Senior Advocate, Abdul Wahhab, Advocate with him instructed by Sha..

Category: Civil Law | Date: | Hits: 114

Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)

....nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......ttagong and the law says that exclusive jurisdiction in such case lay with Labour Court II, Dhaka. In this view of the matter all the proceedings are quashed……..(5)   Lawyers Involved: A. M. Rashiduzzaman, Advocate instructed by Mr. Kaiseruddin Ahmed, Advo..

Category: Labour and Industrial Law | Date: | Hits: 115

Messers United Shipping Corpora­tion Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)

....;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......am Jagannath, AIR 1972 SC 1948; Mackinnon Mackenzie and Company Pvt. Ltd. vs. Anil Kumar Sen, AIR 1975 Cal 150; Laxmidas Dayabhai Kabrawala vs. Nanabhai Chunilal Kabrawala, AIR 1964 SC 11. Lawyers Involved: M. B. Rahman, Advocate-on-Record—For the appellant. Amirul ..

Category: Civil Law | Date: | Hits: 95

Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)

.... that was made in 1976 in India. Order 39 had been amended by the Code of Civil Procedure (Amendment) Act of 1976 and sub-rules (3) and (4) had been omitted and a new rules 2(a) had been asserted. Rule 2 (a) as under: "In case  of disobedience any injunc­tion granted or......hich the business was so transferred.” However, the transferee court must have jurisdiction to adjudicate upon the subject matter of the dispute…………(6)  Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by M.S. Zoha Chowdhury, Advocat..

Category: Others | Date: | Hits: 93

M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)

.... 14(1) of P.O. No. 16 of 1972. The appellants who were shown as judgment-debtors in the decree preferred an appeal from Original Order No. 170 of 1982 before the High Court Division and obtained a Rule. After hearing the appeal and the connected Rule on 9th November, 1982 the High Court Division......cularly when the previous direc­tors were persistently pursuing their reme­dies, for the release of the properties in ques­tion……………..(13)  Lawyers Involved: T. H. Khan, Senior Advocate (M. A. Wahhab Mian, Advocate with him) instru..

Category: Property Law | Date: | Hits: 47

Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)

....mained in possession of the property in part performance of the contract for its sale. 8. It appears from the judgment of the High Court Division that the only ground upon which it discharged the Rule is that the property in question is, in the opinion of the learned Judges, an abandoned properl...... of law. The Order of abetment is vacated. The suit will proceed in accordance with law………………(12 and 13) Cases Referred to- 31 DLR (AD) 266, 32 DLR (AD) 260 and 34 DLR (AD) 25. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him)..

Category: Property Law | Date: | Hits: 38

Md. Muzaffar Hossain Vs. King Fishers Indus­tries Ltd. and ors., 1984, 13 CLC (AD)

....llaneous Ap­peal No. 501 of 1981 before the High Court Division and also made an application for stay of operation of the order. 5. On October 7, 1980, the High Court Division, after hearing the Rule issued upon the application for stay, marked as Civil Rule No 1284 (FM) of 1980, allowed the pr......y order of the Appellate Division shall be dealt with by that Division and the High Court Division, in such a case, has no competence to initiate any action………………………………(13) Lawyers Involved: M. Nurullah, Advocate instructed by Shah Azizur Rahman-II, Advocate-on-Recordâ..

Category: Anti-Corruption Laws | Date: | Hits: 113