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Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......ant in the suit, was the owner of the lands recorded in TS No. 48, Mouza Rasulpur, Plot No. 311 with the area of 66 acres. Kula Kamini as owner of this plot mortgaged the suit land to defendant No. 1 Abdul Gam Sarkar and the predecessor defendants 2-13. The mortgage was for a loan of Rs. 200.00 and ......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......th her husband. About one year before the present occurrence Tofa Mohammad and his sons forcibly obtained divorce of Amina Khatun from Jahiruddin whereupon the latter filed a petition before PW 7 Abdul Mayed Choudhury, Chairman, local Union Council who got the case compromised, but despite the ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......-Appellants Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th,......uit was not maintainable in the form it was filed and it was bad for defect of parties. They further contended that the disputed jote No. 138 comprising the suit lands were not cultivable; and one Abdul Kader, after taking settlement from the Government, leased out the said land to their predece...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......stion of ordering retrial of the condemned prisoner does not arise at all. Ed. ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......s also Reported in:......the plaintiffs and on enquiry, they came to know about the auction sale at the instance of the Government and about the alleged re-settlement in the name of defendant No. 2. Plaintiff No. 1's brother Abdul Wares died subsequently leaving his widow Feroza Khatun. Feroza Khatun subsequently sold her i......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Civil Law | Date: | Hits: 137
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....ahman J Mahmudul Amin Choudhury J City Bank Limited and others …………..…………..Petitioners Vs. Bangladesh Bank and others………………………&...... Mahmudur Rahman J Mahmudul Amin Choudhury J City Bank Limited and others …………..…………..Petitioners Vs. Bangladesh Bank and others…………………&hell......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....kash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Phoenix Leasing Ltd and others………………… Appellant Vs. Bangladesh Bank and others……………………..respond......Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Phoenix Leasing Ltd and others………………… Appellant Vs. Bangladesh Bank and others…………………&hel......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
....ence the suit for declaration of title as also for a declaration that the notice of the said defendant is illegal and not binding. 3. Defendant No.1 Zilla Parishad, Chittagong and defendant No.2, Bangladesh, represented by the Deputy Commissioner, Chittagong filed two separate written statements......) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Salma Khatun and others…………………… Petitioners Vs. Zilla Parishad, Chittagong, represented by its Secretary and another…….. Respondents ......chased portion to Haji Fazlur Rahman and Saleh Ahmed by a registered kabala dated 18-05-48. They were in possession of their respective shares by amicable arrangement. Saleh Ahmed sold his portion to Abdul Mannaf, the predecessor of the plaintiffs, by three kabalas in 1950. Abdul Mannaf constructed ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ..Category: Tenancy Law | Date: | Hits: 82
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Red Sun Limited & Others………………………… Petitioners Vs. Uttara Bank………….. Respondent Judgment November......laches. Moreover there is nothing specific to show that the defendants were absent from the country on the date of passing the ex parte decree…..(5) Lawyers Involved: Md. Abdul Hannan, Senior Advocate, instructed by Md. Ataul Huq, Advocate-on-Record-For the Appellant. ......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......fur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Abdul Kader Mondal and others…………………… Appellant Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha……………......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Abdul Kader Mondal and others…………………… Appel......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....fter the 24th and 25th amendments to the Constitution took place and after Justice AN Roy was appointed Chief Justice of India superseding some senior Judges and some American examples as also the Bangladesh experience after the installation of an elected Government in 1991 were cited as example......p; Bimalendu Bikash Roy Choudhury J Ashok Kumar Karmaker………………………….. Appellant Vs. State……………….. Respondent Judgment March ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....ahidur Rahman and others……………………………..Respondents Judgment December 3, 1997. The Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and shou......dhury J Shamsunnahar Salam and others………………………………………… Petitioner Vs. Mohammad Wahidur Rahman and others………………&hell...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......nbsp;: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Mutalib…………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. Th...... Supreme Court Appellate Division (Civil) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Mutalib…………………… Appellant Vs. ......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....) (1999) 221.......CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills Ltd and others……………………………Plaintiff-Respondent ......ns afresh under Article 34(5) praying for not entertaining the suits…….(13 & 14) Cases Referred to- Secretary of State vs Mask & Company, AIR 1940 PC 105; Abdur Rouf and others vs Abdul Hamid, 17 DLR (SC) 515; Federation of Pakistan vs Saeed Ahmed, PLD 1974 (SC) 151, Moon Light ...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……….Respondents Judgment February 8, 1999. The Constitution of Bangladesh, 1972, Article 102 The Ferries Act, 1885 (I of 1885), Section 5 Findings ...... A M Mahmudur Rahman J Nasiruddin (Md)…….………………………………Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……&......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ..Category: Constitutional Law | Date: | Hits: 126
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....llip;……………………………………………………...Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respondents ......p;…………………………………………………………...Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respo......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ..Category: Employment/Service Law | Date: | Hits: 63
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
.... SARC Enterprise…………………………………. Respondents Judgment May 23, 1999. The Constitution of Bangladesh, 1972 Article 102(4) Personal guarantee instead of bank guarantee is a very weak ......bsp; AMM Rahman J Commissioner of Customs, Mongla Customs House and others…………Petitioners Vs. SARC Enterprise……………………&hellip......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ..Category: Business or Commercial Law | Date: | Hits: 155
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitio...... Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitioner Vs. Idrisur Rahman, Advocate and others………………..R...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ..Category: Employment/Service Law | Date: | Hits: 72
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......a Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Pradip Kumar Chakraborty …………….Appellant Vs. Jamila Khatun Bibi & ors …………………Respo......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ....... 624); Sri lswar vs. Gopinath Das, AIR 1960 Cal 741. Lawyers Involved: SS Halder Senior Advocate, instructed by SR Karmakar, Advocate-on-Record—For the Petitioner MA Wahab Mia, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record —For the Respondent...Category: Family Law | Date: | Hits: 156
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......mal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Nurul Afsar …………………..Petitioner Vs. Rafiqul Ahmed & ors…………………….......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ..Category: Property Law | Date: | Hits: 65