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Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
.... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ....... The Civil Procedure Code, 1908 (V of 1908), Section 150 Consequence of Transfer of Business of Court The transferred Court shall have the same power and “shall perform the same duty as those respectively conferred and imposed by order under this Code or the Cour...... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ......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
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......arging his professional duties, a doctor must strictly observe the rules of medical ethics and jurisprudence as well as have regard to the laws of the country which do not spare the kind of conduct for which he now stands convicted. The judgment of the High Court Division affirming the conviction......ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......d of conduct for which he now stands convicted. The judgment of the High Court Division affirming the conviction and sentence is confirmed ……………..(5) Lawyers Involved: Mainul Hosein, Advocate (Joynul Abedin, Advocate with him) instructed by ..Category: Criminal Law | Date: | Hits: 58
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......ority and no order of injunction shall lie…….(7) The Bank wanted to proceed against the properties which were offered as security against the loan obtained by the appellants before it was treated as abandoned property, but in all fairness the Bank should have made them parti......e till October 20, 1981. Appellant company filed Writ Petition No. 720 of 1981 and a rule was issued, but the Writ Petition abated on March 24, 1982 in consequence of the Promulgation of Martial Law. The Government, however, did not take any steps to protect the properties. The appel&s......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)
.... The order of abatement is vacaÂted and the suit will now proceed in accorÂdance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ......nd liberty of a person, and not only laws extend protection to such right, even the Constitution has, subject to certain qualifications or restrictions which can be imposed in the public interest or for public purpose recognized such right…………….(12) Right to specific performance of con......he was in possession of the disputed property in pursuance of the agreement for sale as mentioÂned above. Possession of the property was never taken over by the Government. After the promulgation of Martial Law Regulation No. VII of 1977 the learÂned Subordinate Judge passed the order of abatement...... 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 IndusÂtries Ltd. and ors., 1984, 13 CLC (AD)
....stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......appellate stage in consequence of a direction by the learned Judges of the High Court Division issued on June 20, 1981 to show-cause why approÂpriate action under law should not be taken against him for allowing the Trawler in quesÂtion to escape from the lawful custody and for not informing the C......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......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
Md. Matiur RahÂman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......udgment delivered. I do not find the accd. Persons guilty u/s 427 B.P.C. and thereby acquit them u/s 258 Cr. P. C." 3. The complainant thereafter moved the Sessions Judge for making a reference under sections 435/438 Cr. P. C. recommending setting aside the order of acq......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......LR 595; Emperor Vs. Sugnomal Bhojraj and another, A.I.R. 1942 Sind 52; Mysore Vs. Mahabala Seety and another, A.I.R. 1963 Mysore 77; AIR 1942 Sind 52; AIR 1951 Cal 308; AIR 1959 Kerala 10. Lawyers Involved: Abdul Hamid, Advocate instructed by Md. Aftab Hossain, Advocate-on-Recor..Category: Criminal Law | Date: | Hits: 41
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......d others...............................Appellant Vs. Manik Mondal and others..............................Respondent Judgment October 6, 1983. None appeared for the appellant before the Court when the case was taken up for hearing but the Court passed the ...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......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 CorÂpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......ppellant Vs. M/s. Seres Shipping Incorporated & ors........................................…...Respondent Judgment June 13, 1983. No action to enforce any claim or lien against a vessel or her owners in respect of any damage or loss caused to a......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......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
Ass. CustoÂdian, Enemy ProÂperty (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ....... For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Officer were the relevant materials for consideration.....(9) Within the scope of section 143 A, there is hardly any ground for ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ation.....(9) Within the scope of section 143 A, there is hardly any ground for the appellant to challenge the title of the Plaintiff…………….(11) Lawyers Involved: Md. Moksudur Rahman, Deputy Attorney-General instructed by B. Hossain, Ad..Category: Property Law | Date: | Hits: 28
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ...... The appellant is claiming custody of his daughter who is in judicial custody at the same time the respondent claiming himself husband of the detenu seeks her custody. The matter is pending before the Chief Metropolitan Magistrate for disposal. For ends of justice both the parties should b...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ......e judgment. Thus the petition for custody under section 491 of the Code of Criminal Procedure should be disposed of adding the applicant appellant as a party……(7 & 8) Lawyers Involved: A. K. M. Mozammel Haque Bhuiyan & Rabia Bhuiyan, Advocates instructed..Category: Criminal Law | Date: | Hits: 58
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......emption continued even after the auction purchase of the suit land on 14-12-33 which passed along with the transfer of the suit land to the plaintiff-respondent. The right of redemption could, therefore, be validly claimed by the plaintiff-respondent. The Appeal is dismissed……&hell......ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......dul Bari 36 CWN 844; Krishna Chandra Datta Chowdhury Vs. Khiran Bajania, 10 CWN, 499; Ram Pershad Koeri Vs. Jawahir Roy, 12 CWN 899; Jogendra Chandra Das Vs Debendra Nath Ghosh, 39 CWN 428. Lawyers Involved: M.H. Khondker, Senior Advocate instructed by B.C. Panday, Advocate-on-Rec..Category: Property Law | Date: | Hits: 35
Bangladesh AgriculÂtural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......spondents Judgment May 22, 1983. In case of impleading the corporation the requirement of law is that two months’ notice in writing has to be given to the corporation before filing of the suit. The act complained of is an order of dismissal and the act is done under ......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ...... Six months must expire from the date of the order enabling the plaintiff to file a suit challenging such order. As such period did not expire before filing of the case, the suit must fail. Lawyers Involved: A. Hasib, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Reco..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam MasÂter alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedÂings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......ult: The appeal is dismissed. The police registered a case and after investigation submitted Final Report. The Sub-Divisional Magistrate accepted the Final Report and discharged the accused. Informant, Shaukat Raja, challÂenged the Final Report by filing a naraji-petition, which was subseque......find anything to interfere with the order of the High Court Division refusing to quash the proceedÂings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ...... Chandra Pal V. Queen Empress, ILR Cal. 286; Ram Gopal V. State of Bombay, AIR 1958, SC 97; Vadilal Panchal V. Dattairaya Dulaji, AIR 1960 SC 1113; Pramatha Nath v. Saroj Ranjan, AIR 1962 SC 876. Lawyers Involved: T. H. Khan, Senior Advocate (Jamiruddin Sircar and M.A. Wahab Miah, Advocates ..Category: Criminal Law | Date: | Hits: 79
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. ......ciation of evidence on record found that the Plaintiff proved the case and in furtherance of the decree, delivery of possession of the property was made over in a separate execution case. No prayer for stay was made even at the Appellate stage. The defendant contested the suit “in a half he......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. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......949 (XIII of 1948), sections 2(5), 7. The Civil Procedure Code, 1908 (V of 1908), Section 100 The land was not leased out but the premises thereupon was leased on monthly basis. Therefore, continuous occupation of the premises for over 12 years by the tenant did not bring him withi......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......tion 7 is not available to -him…………………(7) Case Referred to- Khitish Chandra Mondal Vs Shiba Rani Devi AIR 1956 Cal 441. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by Syed Sakhwat Ali, Advocate..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......eanwhile the appellant's lease was cancelled and the 2nd party respondent in collusion with the Railway employee of the Divisional Estate Office at Pahartali, Chittagong, secured a demand note for the land issued in the name of the 2nd party respondent, who paid the arrear licence fee for th......ent, who paid the arrear licence fee for the land on which the said hotel stands. 3. Having come to know of the illegal issuance of the demand note the appellant moved the Sub-Zonal Martial Law Administrator, Chittagong, who after hearing the parties directed the 2nd party respond......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 DiviÂsion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ............................Respondents Judgment October 19, 1983. The Criminal Procedure Code, 1898 (V of 1898), Sections 435, 439. Under section 439 Cr.P.C. the Court even Suo motu can call for the records and there is no legal bar in filing revisional applicaÂtion before the High Court D...... it is set aside. The case is remanded back to the High Court DiviÂsion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......aÂtion 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, ChrisÂtian Missionaries and another, 1984, 13 CLC (AD)
....The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ......med J.- This appeal by the plaintiff arises out of an order of the High Court Division dated 29 April 1982 setting aside, in revision, the trial Court's order allowing amendment of the plaint for the purpose of raising the claim from Tk. 5000/- to Tk. 39,000/-. 2. The appellant fil......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ......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
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......right of not being reverted to his parent department. Since the appellant did not join his parent department after the order which amounts to refusal such an officer cannot invoke aid of the court for declaring the impugned order illegal……………….(19) ......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......, PLD 1955 (Sind) 70; Abdul Majid Sk. Vs Mushafee Ahmed 17 DLR (SC) 63 = PLD 1965, SC. 208; Golam Sarwar Vs Pakistan, PLD 1962 SC 142; PL Dhingra Vs Union of India, PLD 1958, SC (Ind.) 217. Lawyers Involved: Moinul Hossain, Advocate (Joynal Abedin, Advocate with him) instructed by..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ...... Ahmed & another...................... Respondents Judgment June 20, 1983. Result: The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled t......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. .......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
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