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Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......a Charan A.I.R. 1928 Cal. 539; Damodar v. Banwarilal A.I.R. 1960 Cal. 467; Kshirode Chunder v. Sharada Prosad, 12 Cal LJ 525; Pran Krishna v. Keshab Chandra, 22 Cal. CWN 515; (AIR) 1919 Cal. 1055. Lawyers Involved: S. R. Pal, Senior Advocate, instructed by Kazi Ebadul Huq, Advocate-on-Record-F..Category: Property Law | Date: | Hits: 45
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury 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: 40 DLR (AD) (1988) 116. ......srs. A.T.J. InÂdustries Ltd. and others, 28 DLR (AD) 120; Bangladesh and others Vs. M/s Speedbird Navigation Co. and others, 30 DLR (SC) 101, McMullen vs. Wadsworth (1889) 14 App. Case 631 (636). Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, inÂstructed by B. Hossain, Advocate..Category: Immigration and Citizenship Law | Date: | Hits: 214
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the responÂdents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......n support of the document already proved. However the Heba-Bil-Ewaj having been disbelieved by the courts below concurrently shall not be reopened in the fresh trial…………………..(11 & 12) Lawyers Involved: T. H. Khan, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record..Category: Property Law | Date: | Hits: 34
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ......pecified in section 339C. Thus the order of the High Court Division stopping all proceeding of trial and release of the accused holding the case to be not pending be set-aside……………(3 & 4) Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, inÂstructed by B.Hossain, Advocate-..Category: Criminal Law | Date: | Hits: 60
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......es Referred to- Fazar Ali and another Vs. Afzal Mia and others 9 DLR 258, Jainullah and another Vs. Ami Mia and others 15 DLR 77, Jeo Narayan Matho vs. Budhan Matho and others AIR 1941 Pat 247. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advoc..Category: Property Law | Date: | Hits: 118
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....1987. The General Clauses Act (X of 1897) Section 21 Principle of locus poenitentiae-Availability of the Emergency Requisition of Property Act, 1948 (XIII of 1948) Section 4A (2) read with Rule 10 (2) The Requisition of Property Rules, 1948. Save and except a view was taken that...... (SC) 503, Himayatullah Farukhi P.L.D. 1969 (SC) 407, Md. Shoib vs. Govt. of Bangladesh 27 DLR 315, Md. Hemayetullah in 21 DLR (SC) 236 = PLD 1969 (SC) 407 and Shahbaz vs. the State 8 DLR (FC) 20. Lawyers Involved: S.S. Halder, Senior Advocate instructed by Ranesh Chandra Maitra, Advocate-on-R..Category: Property Law | Date: | Hits: 49
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....roached Hemnalini during her life time for execution of the deed and after her death the plaintiff approached respondent No.1 but his request was not complied with. Thereafter the Defence of Pakistan Rules, 1965 was promulgated and the property had been vested to the Custodian of the Enemy Property.......¦.(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. 1160. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him),..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....of defendant. 12. In Nitindra Nath Roy Chowdhury vs. Subhas Ch. Kar 85 CWN 915 the contention that a Commissioner for inspection before settlement of issues was premature and illegal was repelled. Rules 7 and 8 of Order 39 of the Code empower the court to pass an order on an application by the pl......5 C.W.N. 353, Ram Charan and others V. Murli and others 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)..Category: Civil Law | Date: | Hits: 94
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
.... moved the High Court Division, being Civil Revision No. 114 of 1984. The learned Single Judge (Mr. Justice Nurul Hoque Bhuiyan) of the High Court Division who heard the revision case made the Rule absolute holding that as respondent No. 1 was possessing .02 acre of land in plot No. 404, a r......ip;……………………………………………Respondents Judgment September 2, 1985. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate ..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......vs. Hodges (1838); 28 DLR (1976) 437; AIR 1928 (Cab 705; Mohd. Cherag vs. Dullay Khan PLD 1954 (Dhaka) 134; Ihtesham Ali vs. Jamna Prasad and others 48 I.A 365= AIR 1928 (P.C) 56; 32 DLR (AD) 29. Lawyers Involved: B. N. Chowdhury, Advocate, instructed by Shamsul Hoque Siddique, Advocate-on-Re..Category: Procedural Law | Date: | Hits: 115
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....k fairly placed the facts of the case and then placed the scheme of Order 32 of the Civil Procedure Code and pointed out that when the mother was acting as next friend in the suit of the plaintiff Rule 6 clearly prohibits acceptance of any money for compromise of any suit without the leave of th......;……………….Appellant. Vs. Mrinal Kanti Biswas and others…………Respondents Judgment June 10, 1987. Lawyers Involved: Syed Sakhawat Ali, Advocate-on-Record— For the Appellant. Md..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....eals to such amendments. In the case of EmÂperor v. Rayangouda Lingangouda Patil (AIR (31) 1944 Bombay 259) a Division Bench was conÂsidering substitution of a sub-rule made in the Defence of India Rules 1939 by an amending order in 1942 and it was observed that "Although nothing is said about rep......ingangouda Patil (AIR (31) 1944 Bombay 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, AdvoÂcate-..Category: Procedural Law | Date: | Hits: 124
....d by the learned Subordinate Judge who found that respondent Nos.
2-6 were not in Pakistan at the relevant point of time, that the respondents
came within the definition of enemy as
given in Rule 161 of the Defence of Pakistan Rules, 1965 and the
property in question was enemy ......September 24, 1986
Cases
Referred 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 instr..
Category: Property Law | Date: | Hits: 70
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....red an applicatÂion under section 115 of the Code of Civil Procedure before the High Court Division, being Civil Revision No. 506 of 1986. The learned Judge of the High Court Division discharged the Rule on finding that responÂdents being appointed under Ordinance XIX of 1977, the terms and condit......nd others……………….......Respondent Judgment May 14 1986. Cases Referred to- Nava KuÂmar 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-..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
.... line of the examination of, the accused under section 342 of the Code. 85. Of the two confessions Lalu's confession is to be straightaway discarded. It was recorded in violation of the High Court Rules, incorporÂated, in abundant caution, in Form No. M (84), for, guidance in recording a c......an Upadhyay AIR 1960 S.C. 1125; Kauda Paduyachi vs. State of Tamil Nadu AIR 1972 S.C. 66(69); Bhuboni Sahu vs. The King AIR 1949 P.C. 257 (259); H.S. Rathod vs. State of Gujrat AIR 1979 S.C. 1232. Lawyers Involved: B. Hossain, Advocate-on-Record.- For the Appellant. Habib Ahmed, Advocate, i..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....vernment orders declaring the aforesaid property as abandoned and refusing to release the same and also its action inviting offers to sell the aforesaid property. Appellant succeeded in obtaining a Rule Nisi issued upon respondent Nos. 1-5 on 18th August 1985 to show-cause as to why Memo. No. dec......aria vs. Additional Member Board of 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, instruc..Category: Property Law | Date: | Hits: 31
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ......lip;……...Respondents Judgment August 24, 1986. Cases Referred to- Md. Chand Miah Sowdagar Vs SMH Rahman 1985 BLD 337; Kalu Vs. Sowaria 27 1C 703. Lawyers Involved: Miah A. Gafur, Advocate-on-Record.—For the Appellant. Khalilu..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
.... shall not include any fishery. Hence the fishery has been made non-retainable by the erstwhile rent receiver and such fishery is maintained, regulated and controlled by the Government manual. 41. Rules 205 and 206 in the Government Estates Manual 1958 provide the procedure for settlement of fish......itation AIR 1961 Assam 101; Talekhal Fishermen Co-opÂerative Society vs. Bangladesh 1981 BLD (AD) 103; EFO Vs. Ram Sanchi AIR 1973 (S.C) 205; Ramana V.I.A. Authority of India A.I.R 1979 SC. 1628. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instruc..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ...... Kandaswami v. Vegheesam Pilial AIR 1941 (Mad) 822; Prabirendra Nath Nandy v Narendro Nath Nandy, AIR 1958 Cat. 179; Delhi Gate Service Private Ltd. v. M/s. Caltex (India) Ltd. AIR 1962 Pan. 370. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior AdÂvocate, Mahbubey Alam, AdÂvocate, Supr..Category: Others | Date: | Hits: 104
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ......R 910; Hari Kailash vs. CIT 22 ITR 195, AIR 1953 ALL 170; Kettlewell Bullen Vs. C.I.T. AIR 1965 S.C. 65; C.I.T. Vs. Chari & Chari Ltd. AIR 1966 S.C. 34; Karam Chand Thapra 80 I.T.R. 167. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advo..Category: Fiscal/Taxation Law | Date: | Hits: 84
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