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Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......i Ram Vs. Saligram (1909) 14 CWN 248; Kali Kumari Vs. Bachhan Singh (1913) 17 CWN 974 Suprasanna Roy Vs. Upendra Narain Roy (1913) 18 CWN 533, Basant Ram Vs. Dasondhi Mal, AIR 1929 Lah 497. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Fazlul Huque & Aminul Huq, Advocates..Category: Property Law | Date: | Hits: 45
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....bsp; Syed Md. Mohsen Ali J.- This appeal by the defendant is against the judgment and order dated 20.10.82 passed by the High Court Division in Civil Revision No. 1021 of 1980 discharging the Rule. 2. Leave was granted to consider whether the High Court Division committed an error ......hers, 28 DLR 159 (AD); Mt. Bibi Mariam Vs. Surajmal and others, AIR 1936, Patna 591; Katragadda China Ramaya Vs. Chiruvolla Venkanraju and another, AIR 1954, Madras, 864 (Full Bench). Lawyers Involved: Habibur Rahman Khan, Advocate, instructed by Md. Aftab Hossain, Advocate..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....namely, Principal Officer, Mercantile Marine Department, Chittagong is the Controlling Authority of the plaintiff-appellant. Defendant-respondent No. 3 filed an application under Order 1, Rule 10 of the Code of Civil Procedure for striking out its name. Defendant-respondent No. 2 ......ause of action…………(18) Cases Referred to- M.L. Madina vs. M.L. Jalamoni, 30 DLR 149; Arraiz 16 Asp MLC 451; P.L.M. 8; Kashmir 16 Asp MLC 81. Lawyers Involved: Shah Mohammad Sharif, Advocate instructed by Mvi. Md. Wahidullah, Ad..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....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. ...... Radha Prasad Singh Vs. Gajadhar Singh and others, A.I.R. 1960, SC 115; Coghlan Vs. Camberland, (1898), 1 Ch. 704; Arju Perhad Vs. Jwaleshawari Pratap Narain Singh, A.I.R. 1951 (SC) 120. Lawyers Involved: T. H. Khan, Senior Advocate (M. A. Wahhab, Advocate with him) instructed ..Category: Property Law | Date: | Hits: 30
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....in accordance with law. 7. The 2nd party respondent then moved the High Court Division for quashing the proceeding under section 561A of the Code of Criminal Procedure and obtained a Rule in Criminal Revision No. 56 of 1983 which was ultimately made absolute and the proceeding......de of Criminal Procedure to physically oust a person in possession of the disputed premises, during the pendency of such proceeding……………….(13) Lawyers Involved: T. H. Khan, Senior Advocate, (Alimuzzaman Chowdhury and M. A. Wahab..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......ation before the High Court Division by the complainant when the State does not prefer any appeal against the order of acquittal, even in "cases initiated on police report………………(10) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
.... the claim cannot be realised in the same suit by emending the plaint. The learned Advocate has laid emphasis on the words "he shall not afterwards sue" appearing in sub-rule (2) of Rule 2 which, he contends, means that a subsequent suit is barred. In support of this argument......eeding if it is found necessary to determine the real issues between the parties and if it is not a case of relinquished claim by suing afterwards..………….(6) Lawyers Involved: Shahabuddin Ahmed, Advocate-on-Record— For the Appellant. ..Category: Civil Law | Date: | Hits: 87
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....investigation was not yet completed. The application was liable to be summarily rejected but a direction should have been given to expedite the investigation, within a definite time. Instead, a Rule was issued, the application was registered as Crl. Revision No. 54 of 1977 on 31 January 1977.......R. 1914, Mad 265 & Patna High Court A.I.R. 1920 Patna 112; Velji Raghwap Patel Vs The State of Maharashtra, A.I.R. 1965, S.C. 1433, A.I.R. 1951, Calcutta 69; ex parte Delhasse 1877-78 Volume VII Law Reports page 511; Cox Vs Hickman (1860) 8. SLC 268; Mollwo, March & Co. V The Court of Wards..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....ion case", but their heirs were not brought on record by substitution. So far as during the pendency of the execution proceeding is concerned, law is against the respondents judgment-debtors. Rule 12 of Order XXII provides that the provision as to substitution shall not apply to an execu&sh......8; Nil Ratan Vs Ram Ratan, 5 CWN 627; Bashiruddin Vs Elahi Baksha, AIR 1935 Cal. 644; Kartar Singh Vs Zorawar Singh, AIR 1 29 Lal 121; Bijoy Krishna Vs Mantazuddin (1969) 21 DLR 631. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, A..Category: Others | Date: | Hits: 97
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....e suit premises and is directed against the judgment and order dated 1st April, 1987 passed by a Single Judge of the High Court Division (Jessore Session) in Civil Revision No. 246 of 1986 making the Rule absolute and dismissing the suit upon setting aside the concurrent decision of the Courts below............................Defendant-Respondent Judgment May 21, 1991. Cases Referred to- Ramjan Ali Mistry 31 DLR (AD) 183; Abu Layes 29 DLR (SC) 13 & Basiruddin Ahmed 36 DLR (AD) 191. Lawyers Involved: Aminul Huq, Advocate, instructed by Sharif Uddin Chaklader, Advocate-on-Record-..Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....udgment and order dated 27.6.84. In revision under section 25 of the Small Cause Courts Act a learned Single Judge of the High Court Division, Dhaka in Civil Revision No. 619 of 1984 discharged the Rule by his judgment and order dated 10.7.85. 3. The suit premises is a pucca ........................................Respondent Judgment March 18, 1991. Case Referred to- Abdus Sattar and others Vs. Suresh Chandra Das and others, 32 DLR (AD) 170. Lawyers Involved: TH Khan, Senior Advocate, (MA Wahhab Miah, Advocate,with him), instructed..Category: Property Law | Date: | Hits: 26
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....l Islam thus became the succeeding Sole Arbitrator, Seven years passed by, but the Arbitrator did not act. The respondent filed a petition of contempt of Court and the High Court Division issued a Rule which was served upon the Superintending Engineer. Then he took up the matter and passed an aw.......................Appellants (In all the appeals) Vs. KM Shafi Ltd. .......................................Respondents (In all the appeals) Judgment August 1, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General (AY Salehuzzaman, Deputy ..Category: Others | Date: | Hits: 88
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....ncil he was holding a full time job in the National Laboratories Ltd., Abhoy Das Lane, Dhaka‑2 and receiving financial benefits from there and that his acts constituted gross misconduct under Rule 2(c) of the Government Servants (Discipline and Appeal) Rules, 1976. In his reply dated 19th J...... Abdul Khaleque, S/o late Md. Akram Hossain Talukdar, 26/6, Block-A, Khilgaon, PS Motijheel, Dhaka‑ 12.......................Respondent Judgment February 20, 1991. Lawyers Involved: AY Salahuzzaman, Advocate, instructed by Faruque Ahmed, Advocate-on-Record..Category: Employment/Service Law | Date: | Hits: 125
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ....................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgment February 6, 1991. Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-F..Category: Property Law | Date: | Hits: 25
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......;....................Appellant Vs. Khasru @ Syed Mostafa Hossain and another......... Accused-Respondents Judgment November 8, 1990. Result: The appeal is dismissed Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain Advocate-on-..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......nd another AIR 1936 (Allahabad) 666; Firm Kaura Mal Vs. Firm Mathra Dass AIR 1959 (Punj) 646; Mohammad Yousuf Vs. Member, Board of Revenue, West Pakistan, Lahore & 6 others 1970 SCMR 70. Lawyers Involved: SR Pal, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....e first party-appellant. 5. The second party-respondent moved the High Court Division under sections 561A and 439 of the Code of Criminal Procedure against the said judgment dated 25.6.88. A Rule was issued to show cause why the said judgment shall not be quashed or set aside "on the...... Mustafa Kamal J Samirun Nessa ......................First Party-Appellant Vs. Kamaluddin and another.....Second Party-Respondents Judgment May 23, 1991. Lawyers Involved: TH Khan, Senior Advocate, (MA Wahhab Miah, Advocate with him) instructed b..Category: Criminal Law | Date: | Hits: 54
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....sp; ATM Afzal J.- This appeal by leave is from Judgment and Order dated 9 April, 1987, passed by a Division Bench of the High Court Division, Dhaka, in Writ Petition No. 93 of 1985 discharging the Rule. 2. The appellants filed the aforesaid writ petition against respondents Nos. 1-4 chall...................................................Appellants Vs. Government of Bangladesh and another........................Respondent Judgment February 27, 1990. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-..Category: Property Law | Date: | Hits: 36
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
.... 161 of 1986.) Judgment Mustafa Kamal J.- This leave to appeal by the defendant petitioner is from the Revisional judgment of a learned single Judge of the High Court Division, Dhaka making the Rule absolute and setting aside an order of the trial Court cancelling its earlier order dismissing ......J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Kader Chowdhury..............Petitioner Vs. Nurul Islam and Others.................Respondents Judgment August 7, 1990. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For..Category: Civil Law | Date: | Hits: 105
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
...., Even so, the Notification Ext. C and the entries in Ext. B have their own importance which cannot be minimised. Ext. B, it has been noticed by the Courts below, had been prepared in pursuance of Rule 129 of the Land Acquisition Manual which reads as follows: "In all cases of ......ne 24, 1990. Cases Referred to- ALN Satnappa Chetti & ors Vs. Thayyanyaki Ammal, AIR 1942 Mad. 698; Anukul Chandra Chakravarti Chairman, Dhaka Dist. Board, AIR 1928 Cal 485. Lawyers Involved: Md. Mozammel Huq, Senior Advocate instructed by Md. Aftab Hossain, Advocat..Category: Civil Law | Date: | Hits: 99