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Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
.... The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......ly admitted sale of the suit land by them to the plaintiff. 6. In the meantime liberation war started and the defendants left for India and after libeÂration when they came back, the plaintiff in order to regularise the transaction demanded kabala but the defendants delayed the execuÂtion of th......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172...Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......vocate-on-Record—For the Appellants. Santi Ranjan Karmaker, Advocate-on-Record—For the Respondent Nos.1 & 2. Civil Appeal No. 6 of 1984. (From the judgment and order dated 22.6.83, passed by the High Court Division, Dhaka Bench, in Civil Revision Case No.150 ...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ...... Ex parte —For the Respondent Nos. 1(a) to 1(g), 7 to 8, 10 to 18, 20, 21(a) to 21(f), 22 to 32, 34 to 48 and 50 to 53. Exempted from filing substitution application vide Court's order dated 7-8-84—For the Respondent Nos. 19. 33 & 49 is dead. Struck off vide C......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
.... Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......gistered as has been noticed already. 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: 37 DLR (AD) (1985) 190. ......ith the question as to whether the document is executed by the person by whom it is alleged to have been executed but not its validity. This section provides for a suit if the Registrar refuses to order a document to be registered…………..(5 and 6) The questions ......gistered as has been noticed already. 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: 37 DLR (AD) (1985) 190. ..Category: Property Law | Date: | Hits: 25
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
.... the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......e set aside and that of the DisÂtrict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......er proceedings in wrong forum. But the appellant being found negligent in prosecuting the other proceedings is not entitled to the benefit of section 14 of the Limitation Act. Remedy against the order of dismissal under Order XLVII rule 7(2) of the Waqf Ordinance might be sought before the Dist......e set aside and that of the DisÂtrict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184...Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....d. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ...... passed by the High Court Division in Second Appeal No.161 of 1977). Judgment Badrul Haider Chowdhury J.— This appeal by special leave is directed against the judgment and order of the High Court Division passed in Second Appeal No.161 of 1977. 2. The appellant as......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....smissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......r furnishing security bond) even when the defect was pointed out by the respondent. In the circumstances, the learned Single Judge of the High Court Division has rightly refused to interfere with the order of the trial court rejecting the application under Order IX, rule 13 C.P.C ………………â......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ...... Md. Haroon……………………….Respondent Judgment December 4, 1984. Result: The Appeal is allowed. Acquittal The state moves the Appellate Division against an acquittal order passed by the High Court Division Principle that guides the Appellate Division in such a ma......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......d Ali, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent Nos. 1-9. Civil Appeal No. 78 of 1983. (From the judgment and order dated 1-6-82 passed by the High Court Division Dhaka in Second Appeal No.9 of 1968.) J......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....re dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161....... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......tioned validity for a public purpose and section 44 barring the jurisdiction of a Civil Court comes into play, there is no hesitation in saying that the High Court Division had correctly restored the order of the trial court. The petition is therefore dismissed……….(8) Order obtained on 31-1...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161...Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... July 13, 1982 the judgÂment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgÂment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......udgment of the Appellate Division dated July 13, 1982 passed in Civil Appeal Nos. 03-65 of 1982.) Judgment Fazle Munim CJ. — In Criminal MiscelÂlaneous petition No. 8 of 1982 the followÂing order was passed by this Court on February 6, 1983. ''Let a notice be issued upon the parties to ...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgÂment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....y at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......llants. M. Moazzem Hossain, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 48 of 1983. (From the judgment and order dated 20 January 1983 passed by the High Court Division, Jessore Bench in Criminal Appeal No.......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
.... and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......(6) 84 S.G R. No. 3 of 1984 pending in the Court of Upazila Magistrate, should not be withdrawn and transferred the same to Drug Court at Dhaka for trial and disposal and pass such other or further order or orders as may be seem fit and proper. Facts are as follows:—On 22.6.84 the S......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ..Category: Criminal Law | Date: | Hits: 59
Planters (BanglaÂdesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....ts Vs. Mahaluxmi Bank Ltd. (in liquidation) and others.............Respondents Judgment February 9, 1984. Words and Phrases Nobody can be allowed to take advantage of his own fault. The Defendant no. 2 himself being Managing Director of the Defen......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......;For the Appellant. Rafiqul Huq, Senior Advocate instructed by Abu Backkar, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 2 of 1984. (From the judgment and order dated 20.3.83 passed by the High Court Division, Dhaka in appeal No.11 of 1967. Judgme......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....inst the defendant-respondents before the 1st Court of Subordinate Judge, Dhaka challenging that respondent No.1 who participated in the tender for supply and carrying of fuel oil, lubricant etc. had no licence as required under the Petroleum Rules, 1934. The suit was for permanent injunction re......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......pondent No. 3 had no licence and as such had no locus standi to participate in the tender as per terms of the tender. The learned Subordinate Judge granted temporary injunction by his judgment and order dated 30 August 1984. According to the tender notice sealed tenders were invited from the ag......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
.... of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......Division of the Supreme Court held that there has been a failure of justice due to son-framing of charge under section 304 of the Penal Code and in the circumstances of the case, it was too late to order a re-trial of the accused. In the result, the order of conviction and sentence under section ......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....is also Reported in: I ADC (2004) 371....... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... Rokanuddin Mahmud, Senior Advocate, instructed by Fakrul Islam, Advocate-on-Record-For Respondent No. 1. Ex-Parte-Respondent Nos. 2-5. Civil Appeal No.127 of 1998. (From the Judgment and order dated 31st August, 1997 passed by the High Court Division in Writ Petition No. 41 of 1993). ...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
.... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Moudud Ahmed and others..........Appellants Vs Md Anwar Hossain Khan (dead) and others……………...Respondents Judgment Decembe......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......nt Md. Ruhul Amin CJ.- These certified appeals arise from the judgment and order dated December 11, 1994 of a Division Bench of the High Court Division in Writ Petition No. 1......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
M/s. House BuildÂing Finance CorÂporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....ner of Income-tax, Bom. (1936) IV ITR. 420; Commissioner of Income-tax, East Pakistan Vs. Messer. Rathna Tea Estate (1967) 19 DLR 538 SC; Indo-Commercial Bank Ltd. vs. Commissioner of Income-tax, Madras (1962) 44 I.T.R. 22; Commissioner of Income-tax Vs. Shrimati Singari Bai, (1945) 13 I.T.R. 22......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......The income-tax department has got nothing to stand in the way of the assessed if they want to change their method of accounting from mercantile system to cash system". 9. Against this order of the Tribunal the appellant preferred Reference Application Nos.12 to 16 of J977 before the......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......ppellant. Rafiqur Rahman, Senior Advocate instructed by Serajur Rahman, Advocate-on-Record—For the Respondent. Criminal Appeal No. 18 of 1984. (From the judgment and order dated 20.11.83 passed by the High Court Division, Chittagong Bench, in Criminal Revision No. ...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ..Category: Criminal Law | Date: | Hits: 39