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Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)

....d by the Court for delivery of the disputed property or sale proceeds thereof to any particular party in the proceedings entitled to possession. This however is not the case here and thus there is no scope or legal necessity to wait for a decision by a Civil Court before directing delivery of posses...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262.         ..

Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1

The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)

....der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95.     ......…………………Contemner Judgment March 9, 1983. Result: The Rule is disposed of. Contempt of Court- The contemner cancelled the bail of one accused Ayub Ali knowing that he was granted bail by the Sess­ions Judge earlier. Al..

Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder alias M. R. Sikder & others, 1983, 12 CLC (AD)

.... to have been made in disregard of the Court's order. 14. In summarising the discussion made above, we find that the respondent disobeyed our orders in clauses (3) and (5). There may be some scope for argument that casual, accidental or unintentional disregard of the Court's order does ...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed. Ed. This Case is also reported in: 35 DLR (AD) (1983) 203. ..

Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132

Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)

.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267.         ......f complaint did not disclose whether the petitioners were the principal offenders, henceforth having been discharged formerly on the same cause of action, the accuseds will still continue on the same bail till the disposal of the case. A second prosecution is launched on the same facts after th..

Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1

Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)

....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70.     ......n two orders. The first one is dated 13-4-82 passed by the Additional Sessions Judge, 3rd Court, Comilla in Sessions Trial No.247 of 1980 taking cognizance against the peti­tioner and issuing non-bailable warrant of arrest against him upon holding as follows:- "Since accused Abdur Razz..

Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1

Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)

....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65.   ......ngpur in Special Tribunal Case No.21 of 1980 arising out of G.R. Case No.384 of 1979 is quashed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65.   ..

Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8

Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)

.... of the Emergency Requisition of Property Act cannot be extended under section 14 or under any other provision of the Limitation Act, 1908 which has got no application to the special statute. No scope for review of an order by which an award is made- Review is not a matter of procedure, it invo......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287.           ..

Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3

M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)

.... the Civil Procedure Code for rejection of the plaint on the ground that the plaint did not disclose any cause of action for admiralty suit. Their contention was that the suit did not come within the scope of section 6 of the Admiralty Court Act, 1861. Further, since the suit was filed on the basis ......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400

United Planters And Traders Limited And Another Vs. Md. Mosharraf Hossain Knan & Others, 182, 11 CLC (HCD)

....nt with the views of Amin Ahmed CJ in Re: Messrs Anath Bandhu Guha and sons Ltd. reported in 7 PLR (Dacca Series) 159 that the provisions of Section 38 are very wide and the Court has ample scope and power to grant relief and save the parties from being harassed and unnecessarily relegated......Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149     ..

Category: Company Law | Date: 28 May, 1982 | Hits: 3

Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)

.... going beyond the decree and the plaint in Title Suit No.41 of 1977. Mr. Chowdhury contends that Section 144 of the code of civil procedure is not large enough to permit an enquiry beyond its defined scope. 6. Mr. Serajul Huq, the learned Advocate appearing in support of the judgment of the lea......ds expeditiously. The connected Rule for stay of further pro­ceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37.   ..

Category: Property Law | Date: 2 Mar, 1982 | Hits: 2

Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)

....sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110     ......Court but respondent No. 1 did not like to see the same. Petitioner's further case is that immediately thereafter at about 4 P.M. when the petitioner was still, within the premises of the court a bail petition enclosing certified copy of the Rule and the stay order passed by this Court, was move..

Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3

Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

.... provision for equality of opportunity for all citizens in respect of employment or office in the service of the Republic as provided in Article 29(1) of the Constitution, have not kept any scope for any division, classification or discrimination between citizens on account of their partic...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)

.... the vendor Sher Ali. The contention was that agreement is to be presumed personal i.e. to be restricted to the transferor. In view of the above authorities with which we are in agreement there is no scope left for such a contention. A right to reconveyance can not bat be assignable unless the terms...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51         ..

Category: Property Law | Date: 7 Dec, 1981 | Hits: 2

Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)

....ords that out of the consignment of 70,118 gallons of oils supplied by petrolium company, 68,154 gallons of oil were supplied up to 30-10-70. Enquiry officer however observed that there might be some scope of discrepancy in the supply on the ba­sis of flow metre used by the company but since the...... ob­servation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ..

Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2

Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)

.....A. Mannan, the learned Ad­vocate for the respondent, has argued that since the petitioner obtained his Master De­gree before he was enrolled as an Advocate, his case does not come within the scope of clause (iv) of Rule 65-A and since he did not have the opportunity of any legal training or......­sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ..

Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1

Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)

....r, by Order No. 52 dated 13-5-81 dismissed the review petition on the ground that "when the remedy is available in the form of appeal before the higher appropriate court, I do not find any legal scope to entertain this review application as maintainable." 4. As against this Order, a r......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42.       ..

Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0

Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)

....ence pas­sed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16   ...... in the Basic Democracies election. Accused Emajuddin also brought a case under Section 379 of the Penal Code against P.W.7 Jalil, Deceased Matiar Rahman, P.W. 1 Rouf and others who were on bail. That case was fixed on 23-9-69 for examination of the prosecution witnesses. P.W.1 Rouf's ..

Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3

Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)

....rom W.P. 632-637 & 639-644 of 1981 Judgment K. Hossain CJ. — In concurring with the decision of my learned brother B.H. Chowdhury, I wish to add a few words on the question of the scope of judicial review of a decision of the Field General Court Martial or other such Courts set u......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488   ..

Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

.... in revision. The Joint Secretary of the Ministry, who heard their petitions rejected the same on the ground that as notices under section 5 of the Act have already been served, there is no scope for filing the revisional applications. 5. The petitioners of Writ Petition No. 65 of 198......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407   ..

Category: Property Law | Date: 19 Aug, 1981 | Hits: 2

Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)

....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ...... contention of Mr. Karim. 8. In the result, the appeal is allowed. The impugned Order of the High Court Division is set aside and that of the trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case ..

Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0