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Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......LR (F-B) 119; Katia Pillai. AIR 1929 Mad 393; Petherpermal ILR 35. Cal.551; V. Konar Vs.R. Konar, AIR 1939 Mad. 894; Kanchanmala Bepari (1954) 6 DLR 254; Mono Mohini Devi (1969) 21 DLR 626. Lawyers Involved: M H Khondkar, Senior Advocate (B. K. Das, Advocate, with him), instructed ..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ...... (PC) 112; Shibessouree Debya M.I.A. 270; Vidya V.T. Swamigal AIR 1922 P.C. 123; Sridhar Suar AIR 1976 (SC) 1860; Srimath D. P. Desikar AIR 1936 (P.C.) 183; Atyam Veerraju AIR 1966 (SC) 629. Lawyers Involved: Sheikh Afzalur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......8 (P.C) =38 C.W.N. 285; Maharaja Srischandra Nandy vs. Bajjnath Jugal Kishore 39 CW.N. 352 (P.C.); Corea vs. Apuhamy A.I.R. 1914 P.C. 243; Culley vs. D.D. Taylerson 11 A & E 1008(1840). Lawyers Involved: S R, Pal, Senior Advocate, M. H. Khondkar, Senior Advocate & A. J.Moh..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....f the plaint, his contentions, among others, being that the suit land was requisitioned under the provisions of the (Emergency) Requisition of Property Act, 1948 and that according to clause (d) of Rule 11 (quoted above) the suit is barred under section 14A of the aforesaid Act. 21. Malafide a......y of States vs. Mask & Co. 44 CWN 70—AIR 1940 PC 105; Mian Mohammed Latif vs. Province of West Pakistan, 221 DLR 98 SC—PLD 1970 SC 180; Abdul Rauf Vs. Abdul Hamid 17 DLR 515 SC at p. 519. Lawyers Involved: S. R. Pal, Senior Advocate, M. H. Khondker, Senior Advocate and A. J. Mohammad..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......rial is that the accused shall be presumed innocent and that he is not required to prove his innocence. The entire burden of proof of his guilt lies on the prosecution alone………….(49) Law does not require a particular number of witnesses to prove a case. A conviction can be founded..Category: Criminal Law | Date: | Hits: 56
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....rnment may, by general or special order, appoint in this behalf, and shall be verified by any person whom the Government may so appoint and who is acquainted with the facts of the case" 4. Rule 1, as quoted above, provides that in any suit by or against the Government, the plaint or writt......emise in the Cantonment Area. The Military Estate Officer is the person is the specifically appointed by the Government to sign and verify a plaint or written statement on behalf of the Government. Lawyers Involved: T.H. Khan, Senior Advocate (M. A. Wahab Miah, Advocate with him) instructed by ..Category: Tenancy Law | Date: | Hits: 108
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....ant Vs. Md. Sadeq & another …………………………….....Respondents Judgment March 6, 1986. Result: The appeal is dismissed. The Local Government (Union Parishad) Rules, 1953, Rule 49 Re-counting of ballot papers. A Tribunal ordering fresh election in one c...... on the requests of any candidate......(13) Cases Referred to- Mofazzal Hossain Vs. Election Commissioner, (1976) 28 DLR (AD) 51; Nurul Islam V. Munsif, Election Tribunal 28 DLR (Dhaka) 375. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate with him), instr..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....ul Alam Chowdhury……………………….Appellants Vs. Md. Abdul Mannan and others……………………..Respondents Judgment January 19, 1984. The Union Parishads (Election) Rule, rules 38(3), 39 (1) (4), 45(a) The Returning Officer had no jurisdiction to pass any or......ave been interfered by the High Court Division. The Appeal is allowed………(7,8,9) Cases Referred to- (1975) 27 DLR 307; Afzal Khan vs. Election Tribunal and another (1980) 32 DLR AD) 186. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......ithin the bounds of law. The High Court Division do not find any reason to interfere with the impugned order.………..(10) Case Referred to- Shah Wall V. Ghulam Din, (1967) 19 DLR (SC) 143. Lawyers Involved: Miah Abdul Gufur, Advocate-on-Record—For the Appellant. Md. Aftab Hossain,..Category: Property Law | Date: | Hits: 51
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......C. 439 Rajpati Vs. Bashan AIR 1981 (S.C.) 18 Botany vs. Noni Desai AIR 1968 (S.C.) 1444 Attorney General Vs Sillen (1864) 10 H.L.C. 704 Molik Manzoor Elahi vs. Lala Bishamber Das, 16 DLR (SC) 246. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chakla..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....rt Division. Writ Petition No. 442 of 1978 challenging the order dated 24.2.78 and the aforesaid civil revision cases were heard analogously by a Bench of the High Court Division which discharged the Rules. 11. On 20th September 1982 Title Suit No. 197 of 1978 was decreed by the Munsif, 3rd Court......ler, 1901 AC. 217; Rakhal Das Addy Vs. Durga Dasi, 17 Cat. 458; Bungsho Dhar Biswas Vs. Modhu Mohudder, 21 W.R. 383 AIR 1941, PC 55, AIR 1947 PC 19, 28 CU 73 B.C., 63, CLJ 410P. C. Supreme Court. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advoca..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....the amount will be reimbursed by the tenant as per agreement in addition to the standard rent. 12. Section 13 makes it obligatory for the landlord to give a written receipt of the payment of rent. Rule 6 of the Premises Rent Control Rules 1964 prescribed the form. In the form of rent receipt colu......inst the rent…….(15) Cases Referred to- Shamsuddin Ahmed vs. Mohd. Hassan and others (1979), 31 D.L.R (AD) 155; Mst. Esarunnessa Bibi vs. Md. Amir Hossain reported in 38 D.L.R. (AD) 1. Lawyers Involved: M H Khondker, Senior Advocate, A. J. Muhammad Ali Advocate with him instructed ..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....For the Respondent No. 2. Criminal Appeal No. 3 of 1985. From the Judgment and Order dated 28.11.84 pasted by the High Court Division, Rangpur in Criminal Misc. Case No. 24 of 1984 and Suo Motu Rule No. 41 of 1984. Judgment: Fazle Munim CJ.-This appeal arises from the Judgment and order......he door of scandalizing the Courts”……..(22) Action of the respondent humiliating to the presiding officer of a Court, however small it may be, amounts to clear defiance of the Majesty of Law, cannot be condoned legally………(23) Cases Referred to- Asharam M. Jain vs. A.T. Gupta,..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....any other, capacity which may be attributed to him, obviously enough, such jurisdiction means and refers to the jurisdiction he exercises while sitting as a court. 40. Also, on a reference to Rules 47 & 48 of the Union Parishads (Election) Rules, 1983, it would be seen that the Election......R 287; IDBP (Bangladesh) Vs. M/s. Master Industries (1974) 26 DLR 157; Chera Dangi Mela Committee vs. Md. Yusuf Ali (1977—78) BSCR 254 AD; Amir Sultan vs. Md. K. Alam. (1977) 29 DLR 295 (SC). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Shah Md. Sharif & Mahmudul Islam, Ad..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... 48 LA. 114; Sadek Hussain Khan Vs. Hashim Ali, 43 I.A 212; Mohabbat Ali Khan Vs. Md. Ibahim Khan, 56 I.A. 201; Md. Baikder Hussain Khan Bahaour Vs. Shurfoon Nessa Begum, 8 I A. 136; 11 M A 94. Lawyers Involved: Not represented-the Appellant. Khondoker Mahbubuddin Ahmed, Senior Advocate..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....it can be completely disposed of, It is final when such adjudication completely disposes of the suit. II may be partly preliminary and partly final." 11. Order 20 deals with judgment and decree. Rule 6(1) provides: "The decree shall agree wife the judgment; it shall contain the number of the su......Mills Co. Ltd. V. Graduate Coal Concern Jalgaon, 59 ILR (Bombay) 158; Mahabubul Huq Vs. Abdul Huq, C. P. No. 80 of 1974; Chittoori Subban Vs. Kudapa Subbanna and others, AIR 1965 (SC) 1325 (1332). Lawyers Involved: M. H Khondker, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......da Lal Ray Vs. Ramjanam Misser, ILR 21 Cal. 70 corresponding 20 IA 165; Banarsi Debi Vs. The Income-tax Officer, AIR 1964 SC 1742; Radha Krishna Jogani vs. Dwarka Das Agarawalla, (1984)36253 (AD). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instruc..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....janat is not limited to mere observance of age rule so as to exclude the consideration of the interest of the child which would, however, depend on the facts and circumstances of a given case. 11. Rules of hizanat as formulated in Islamic Law find place in Hedaya. There, the following tradition......buddin Ahmed J Md. Abu Baker Siddique.....................Appellant Vs. S.M.A Bakar & others …………………………………Respondent Judgment December 3, 1985. Muhammadan Law—Hizanat (custody of child) Different schools of Muslim thought (Sunni) have difference..Category: Family Law | Date: | Hits: 152
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rs..........................Respondents Judgment May 30, 1985. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 & 135 The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a v...... SC 147; Lahore Central Co-operative Bank Limited Vs. Pir Saif Ullah Shah, 105=PLD (1960) 12 DLR(SC) 205= PLD 1959 SC 210; Joynal Abedin Vs. Multan Central Co-operative Bank, 1966 PLD (SC), 445. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-o..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....n of section 10, C.P C. had no manner of application to toe facts and circumstances of the case. By its judgment and order dated 9th July 1984 the learned Judges of the High Court Division made the Rule absolute with a direction that the aforesaid miscellaneous case and the title suit be heard and......81 are the same, the later was rightly stayed by the Subordinate Judge, Third Court, Dhaka, till disposal of the former case. Judgement of the High Court Division rejecting the order is set aside. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Md Fazlul Hague, Advocate with him) instructed..Category: Banking Law | Date: | Hits: 121
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