Search Options
Judgment Advanced Search
Displaying 5981-6000 of 6818 results.
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...... the amount due from him against preemption money already deposited under subsection 1, if a prayer to this effect is made to the Court in appropriate time. In this case, no adjustment was prayed for and no such question was raised for determination in the trial Court. It is now too late to ra......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
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256....... The General Clauses Act, 1897 (X of 1897), section 19 Words used in sub-section (2) of section 10 CPC are sufficiently clear to indicate that Additional District Magistrate can lawfully perform the functions of the District Magistrate in authentication of a declaration……………..(14......cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256....... authentication of a declaration……………..(14) Cases Referred to- Ram Pargas Vs. Emperor, AIR 1948 Allahbad 129; Vine vs. National Dock Labor Board, (1956) 3 All England Report, 939. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, (Mahbubey Alam, Advocate with hi..Category: Information Technology Law | Date: | Hits: 226
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 ......rcise of his powers under section 439A of the Code of Criminal Procedure. 2. The appellants were the first party in a proceeding under section 145 of the Code of Criminal Procedure. The petition for drawing up proceeding under section 145 of the Code was moved on 6.11.84. On the same date the......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
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......sections 302 & 149. The Code of Criminal Procedure, 1898 (V of 1898), section 271. Trial does not commence with the commitment of the case. It commences only after the accused is brought before the Court to stand his trial. Till the trial commences within the meaning of section 271 of the...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......2) Cases Referred to- Jiban Molla Vs. Emperor, AIR 1933 Cal. 551(2), Piare Dusadh v. Emperor, AIR 1944, 1(C). Vtnkatachennaya v. Emperor AIR 1920 Mad 337(FB); Inayat v. Rex, AIR 1950 All 369. Lawyers Involved: Syed Istiaq Ahmed, Senior Advocate with Mahmudul Islam, Advocate, instructed by..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......ainst the defendants; and (l) to grant such other relief or reliefs to which the 'plaintiffs are found to be entitled under law and equity; That the decree be passed declaring that the order of forfeiture dated 30.10.72 / 4.11.72 passed by Mr. A F. Khan the then Joint Deputy Commissioner Tanga......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......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)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ...... Judgment March 11, 1986. The Premises Rent Control Ordinance, 1963 (XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the agreement, such agreement can never be void because the law has not made it an unl......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......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)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......ion, Rangpur (Mr. Justice Mustafa Kamal and Mr. Justice Muhammad Abdul Wahab) on 28th November 1984, convicting the appellant or contempt of Court and sentencing him to suffer simple imprisonment for 7 days and to pay a fine of Tk. 1000/- and in default, simple imprisonment for 3 days more. 2......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......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)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......d Rangpur in Writ Petition Nos. 1, 13, 109 of 1985 and Civil Revision No. 105 of 1985 respectively.) Judgmen Fazle Munim CJ. - In all these appeals the common question of law which has arisen for determination is what procedure is available to a person for challenging the order passed by...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......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. ......tan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: The appeal is allowed. Plaintiff-respondent instituted O.C. Suit No. 457 of 1977 for a declaration that the defendant-appellant was a child of unknown parentage and for a further ...... 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)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ...... 1967. 2. Respondents Nos. 1-8 instituted Title Suit No. P4 of 1959 in the Court of Munsif, 1st Court, Moulvibazar, against the Predecessor of tie appellants as defendant No. 49 and others praying for declaration of their title in the suit land and for khas possession of their share on partition.......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......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......d no illegality in equating issue of notice with service of notice. The Plaintiff Appellant himself was present when the impugned sale was held and did nothing to prevent it or to have it set aside before the period of limitation expired. The Plaintiff having no possession in the Suitland is barred ......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)
....d be appointed as his guardian. For the reasons staged 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) 106 ...... Welfare of the child is to be considered while appointing guardian of the minor consistent with personal law to which the minor is subject to. Deviation from Hanafi School of Law is permissible for appointment of guardian, on the paramount consideration of the Child’s welfare. The Appeal is ......d be appointed as his guardian. For the reasons staged 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) 106 ......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
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......order dated 18th January 1984 passed by the High Court Division, Comilla Bench, in Civil Revision No. 184 of 1983.) Judgment: Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the learned Single Judge of the High Court Division rightly interfered ......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97...... M. R. in Re. Stringer's Estate, page 384 L.R. 6 Chi; J. M. Singh v. Baldeo Singh. 49 I. A. 299; Currimbhoy & Co. vs. Greet, AIR 1933 (PC) 29; Abdus Satter vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate-o..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......i Kanta Chakraborty & others........Respondents Judgment February 5, 1986 The State Acquisition & Tenancy Act (XXVIII OF 1951) Section- 3(4) (e) The Plaintiff got licence from the landlord for cultivation of jute in the disputed land since 1940, the land being in his possession, from befo......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......possession in the suit plot through lease from the government, the suit plot covering a large area besides the parties claim. Cases Referred to- M.H. Khanddkar Vs. Bangladesh 30 DLR (S.C) 1. Lawyers Involved: B. Hossain, Advocate-on-Record—For the Appellant. M. A. Rouf, Advocate (N...Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......le, having a separate entity of its own, independent of any Government department. Government Servant While serving under the co-operating societies land mortgage bank, not a government servant for the purpose of his service with the bank.The respondent is neither a government servant nor an e......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ...... 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
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they 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) 75. ......ed. Sometimes, a witness is tendered by the prosecution out of a motive and not examined least something undesirable to the prosecution should come out of his lips………………..(7) Procedure for trial of counter-cases A case and a counter case arising out of the same incident should be t...... conviction is set aside and they 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) 75. ...... burden to prove its case is on the prosecution alone. If the prosecution fails to discharge that burden, the accused is entitled to acquittal, even if the defence fails to establish its version. Lawyers Involved: Mahbubur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......gment April 9, 1985. Result: The appeal is allowed. The Shipla Bank Order, 1972 (P.O. 129 of 1972), Article 33 The Code of Civil Procedure, 1908 (V of 1908), section 10 The remedy for realizing dues is provided for in Article 33 of the Shilpa Bank Order, 1972. Since the subject m......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......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
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ...... Vs. M/s. Mallick Brothers ..........................Respondent Judgment December 11, 1985. Result: The appeals are allowed. The Income Tax Act (II of 1922) s. 18 Another notice for the purpose of section 18 (1) has not been provided for, inasmuch as, it is the continuation of ......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......tion 18 (a). The appeals are allowed. Cases Referred to- Commissioner of Income Tax vs. Fazlur Rahman (1964) 16 DLR (SC) 506; Badridas Daga vs. Commissioner of Income Tax 1949 I.T.R. 202. Lawyers Involved: A. M. Mahmudur Rahman, Senior Advocate, instructed by Md. Sajjadul Huq, Advocat..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60....... Result: The appeals are dismissed. The Criminal Law Amendment Act, 1958 When an offence within the meaning of sub-section (1) (c) of section 195 of the Code is committed in a proceeding before a Court, then the complaint shall have to be filed by the Court or by any other Court to whom t...... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......... Appellant (In Criminal Appeal No. 54 of 1985) Vs. The State.......................... Respondent Judgment December 4, 1985. Result: The appeals are dismissed. The Criminal Law Amendment Act, 1958 When an offence within the meaning of sub-section (1) (c) of section 195 ..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......han the Penal Code has to be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code of Criminal Procedure. Under the Act there being no special provisions for investigation or inquiry, provisions of Criminal Procedure Code for the purpose shall be attract......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ...... Cases Referred to- Surendra Nath Sarkar vs. Kali Pada Das, AIR 1940 Cal. 232; Ma Si. Muthuveeran Chettiar Vs Mottayan Chettiar, AIR 1942 Mad 283; Raghubir Singh vs. Emperor, AIR 1931 Oudh 81. Lawyers Involved: K Z Alam, Advocate instructed by Md. Aftab Hossain. Advocate-on-Record—For th..Category: Criminal Law | Date: | Hits: 59
16221621161916181617161616151614161316121611161016091607160616051604160316021601