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Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ...... and circumstances of the case. The respondents are found guilty under section 147 and the order of sentence is modified accordingly……………(9 & 10) Lawyers Involved: M. Moazzem Hossain, Deputy Attorney-General, instructed by M. R. Khan, A......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ....... 277; Tara Munnee Vs. Motee Buneanee 7 SDA 273; Grida Lal Vs. Bengal Govt. (1963) 12 MIA 448, Visvanatha Vs. Duraiswami Mudali AIR 1926 Mad. 259; Hiralal Vs. Tripura Charan 40 Cal 650 F.B. Lawyers Involved: Mohammad Roushan Ali, Advocate instructed by A. N. M. Manzurul Hasa......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ......p; Cases Referred to- Parsotim Vs Lal Mohar 58 IA 254; Md. Siddiq Vs Australisaia Bank PLD 1966 SC 684; Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi, (1981) 33 DLR (AD) 505. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (B. B. Roy Chowdhury, Senior Advocate...... Kailash Chandra Saha & ors.............................Respondent Judgment November 17, 1983. The Code of Civil Procedure, 1908 (V of 1908), Section 107 (1) (b), Order 41, rule 27 As to the claim of separation of the holding, it is an essential issue to..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......nbsp; Cases Referred to- Maniklal Mansukhbhasi vs. Hormanji Jamshedji Ginwalla & Sons, A.I.R. 1950 (SC) page 1; Krishna Sardar Vs. Sindhu Bala Dasi A.I.R. 1970 Cal. 444. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Appellants. B......appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla WelÂfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......nkar Vs Ranee Golapmonee 5 CWN 22: Boehm Vs Goodall (1911) I Ch. 155; Re Canal Iron Works (1876) 3 Ch D. 411; Davy Vs Scarth (1906) 1 Ch. D. 55; Ali Ismail Vs Momin Bibi, AIR 1954 Cal. 386. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate wit......ry of possession but since the registration of the deeds was not complied the Executing Court by its order dated 20.7.73 appointed respondent as a receiver under section 41 (d) read with rule 1 of Order 40 of the Cede of Civil Procedure. It appears the receiver with Court's permission started co..Category: Property Law | Date: | Hits: 39
Golam Ather ChowÂdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ...... section 44 has not been challenged as arbitrary or capricious. This being an innocuous order for the benefit of the waqf estate no interference is called for……..(8) Lawyers Involved: S.M Hussain, Senior Advocate, (K. Z. Alam, Advocate with him) instructed......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ..Category: Trust/Waqf Law | Date: | Hits: 196
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....owed. The impugned order of the High Court DiviÂsion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......fer and this rent not having been paid the tenants were defaulters. Termination of tenancy by notice has not been challenged. The order of remand therefore was absolutely unnecessary………(6) Lawyers Involved: Md. Abdul Hannan, Advocate, instructed by Abul Quasem, Advocate-on-ReÂcord—......ses bonafide for their own use, etc. 3. The defendants contested the suit by filing a written objection. They contended that the rent for the months of Poush and Magh 1381 B.S. were sent by Money Order to the previous landlady Parul Bala Ghose who received the same, and as to the rent for the mo..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur RahÂman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......k alias Mala and another, 12 DLR 206; Munir Mondal and others Vs. Paramatha Nath Chowdhury and others, 14 DLR 801; A.I.R. 1940 P.C. 124; Krishna Chandra Paul Vs. Khoyar Sardar, 20 DLR 746. Lawyers Involved: B. N. Chowdhury, Advocate instructed by Kazi Ebadul Haque, Advocate-on-R......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ..Category: Property Law | Date: | Hits: 27
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
.... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ......Vs Peary Chowdhurani, 8 Cal. 174; Kishore Bun Mohunt Vs. Prosanna Coomar 21 Cal 74; Durga Das Nanda Vs. Deoraj Agarwala, 10 C. W. N. 297; Protap Chandra Das vs. Peary Choudhurani, 8 Calcutta 174. Lawyers Involved: T. H. Khan, Senior Advocate, Abdul Wahhab, Advocate with him instructed by Sha.......................... Appellants Vs. Hajera Khatun and others................................ Respondents Judgment December 13, 1983. The Code of Civil Procedure, 1908 (V of 1908), Order 21, rule 32 A person disobeys an injunction not only when he fails to perform an act which ..Category: Civil Law | Date: | Hits: 114
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....our Court Rajshahi started a criminal proceeding against them. It appears that a Writ Petition being W P. No 467 of 1981 was filed by the Company which however abated after promulgation of the Martial Law. Thereafter the Company moved the High Court Division for quashing the proceeding under......ttagong and the law says that exclusive jurisdiction in such case lay with Labour Court II, Dhaka. In this view of the matter all the proceedings are quashed……..(5) Lawyers Involved: A. M. Rashiduzzaman, Advocate instructed by Mr. Kaiseruddin Ahmed, Advo......uct in connection with the company's business and therefore he has been dismissed from the Company's service with immediate effect under section 17(3)(b) of the Employment of Labour (Standing Order) Act, 1965. The respondent filed a case under section 25 which was marked as Complaint Case N..Category: Labour and Industrial Law | Date: | Hits: 115
Messers United Shipping CorporaÂtion Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......am Jagannath, AIR 1972 SC 1948; Mackinnon Mackenzie and Company Pvt. Ltd. vs. Anil Kumar Sen, AIR 1975 Cal 150; Laxmidas Dayabhai Kabrawala vs. Nanabhai Chunilal Kabrawala, AIR 1964 SC 11. Lawyers Involved: M. B. Rahman, Advocate-on-Record—For the appellant. Amirul ......sp; Vs. W. H. Bennett and ors..............................…..Respondents Judgment August 10, 1983. The Civil Procedure Code, 1908 (V of 1908) Order 8, rule 6 Counter Claim The counter claim arising out of the same transaction e..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......or, ITR Vol. LIII—167 (1964); Commissioner of Income-tax Vs. Krishna Warriar, (1962) 44 ITR 828; Commissioner of Income-tax, Chittagong Vs. Mr. Saifuddin Ahmed, B.L.D. Vol. VIII 100. Lawyers Involved: A.M. Mahmudur Rahman, Advocate, instructed by Md. Sajjadul Huq, Advocat......income-tax under section 4(3) (i) of the Income-tax Act. But the Income tax Officer rejected the claim taking the ground that in view of the proviso of this section the exemption is not available. Order of the Income-tax Officer was upheld by the Assistant Commissioner and thereafter by the..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Gafur Khan & others Vs. Government of BanglaÂdesh & others, 1984, 13 CLC (AD)
.... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ......the ends of justice, fairness and equity even though the Learned Judge of the High Court Division missed the appropriate law for latches of the parties. The Appeals are dismissed…………..(5) Lawyers Involved: M. Gholam Rabbani, Advocate, instructed by Md. Sajjadul Huq, AdvoÂcate-on-Rec...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ..Category: Property Law | Date: | Hits: 42
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......ssociated with preferring some heirs to others, causing deprivation to one for the benefit of another and if the testator, who got absolute right to dispose of his property by will under the Hindu Law, of his own volition and in perfect sense causes such deprivation, the Court is helpless to mit......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ..Category: Property Law | Date: | Hits: 118
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. ......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......sp; Badrul Haider Chowdhury J.- Leave was granted to consider the question whether the expression "Court granting an injunction" in rule 2(3) of Order 39 of the Code of Civil Procedure would mean "the Court" to which the whole case ha..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. ......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 ......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. ..Category: Criminal Law | Date: | Hits: 58
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....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......& ors.........................................................Respondents Judgment August 3, 1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972), Article 14 Under section 14(1) any property..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....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)......retary, Ministry of Public Works & Urban Development …….......................Respondent Judgment May 4, 1983. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Right to proÂperty is as important a right as right t..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. ......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......ct in not taking proper care of the Trawler as the custodian. DirecÂtion was issued to the learned Subordinate Judge to proceed against the appellant in accordance with the provisions of rule 4 (c). Order XL of the Civil Procedure Code. FurÂther, the Bureau of Anti-Corruption was directed to take ..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......i Ram Vs. Saligram (1909) 14 CWN 248; Kali Kumari Vs. Bachhan Singh (1913) 17 CWN 974 Suprasanna Roy Vs. Upendra Narain Roy (1913) 18 CWN 533, Basant Ram Vs. Dasondhi Mal, AIR 1929 Lah 497. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Fazlul Huque & Aminul Huq, Advocates......o 39 are proforma-defendants being tenants in schedules 1 and 2 properties. 2. The suit was filed on September 12, 1980. Later, on September 29, 1980 two applications were filed, one under Order 39, rule 1 of the Civil Procedure Code for restraining defendant Nos. 1 to 10 from trans..Category: Property Law | Date: | Hits: 45