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Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......terpretation of section 18. The Appeal is dismissed……………..(4) Cases referred to- Jagadish Chandra Sarkar Vs. Abdul Aziz, 7 DLR 314; Abdullah Baluch Vs. Adam Ali, 13 DLR (SC) 13. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advoc...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ..Category: Tenancy Law | Date: | Hits: 111
Md. Matiur Rahman 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. ......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......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. ..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. ......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...... 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. ..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn 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. ......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......t No. 4, namely, Principal Officer, Mercantile Marine Department, Chittagong is the Controlling Authority of the plaintiff-appellant. Defendant-respondent No. 3 filed an application under Order 1, Rule 10 of the Code of Civil Procedure for striking out its name. Defendant-responden..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (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. ......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......cted by Kazi Ebadul Huq, Advocate-on-Record—for the Respondent. Ex parte—For the Respondent Nos. 2-7. Civil Appeal Nos. 128-132 of 1982. (From the Judgment and Order dated 7.7.82 passed by the High Court Division in Civil Revision Case Nos. 951 to 955 of 1972..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. ......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...... 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. ..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. ......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......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. ..Category: Property Law | Date: | Hits: 35
Bangladesh Agricultural 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. ...... 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......nstructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos. 2-8. Civil Appeal No. 139 of 1982. (From the Judgment and Order dated May 5,1982 passed by the High Court Division, Dhaka in C.R. No. 1878 of 1981). ..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master 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 proceedings. 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 ......erefore is not end of the whole matter. Acceptance of the 'Final-Report' necessarily results in the release of the accused from custody or from bail bond, as the case may be, and the Magistrate's Order releasing the accused is ordinarily referred to as an order of "discharge" although the term..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. ...... 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 ......adar, Mymensingh. The defendant No. 3, Government of Bangladesh though filed a written statement did not file any vokalatnama and the written statement itself was not signed as required under Order 6 rule 14 C.P.C. which led the trial Court to believe that defendant No. 3 contested the suit..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. ......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......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. ..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....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......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. ..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 Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......ation 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...... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian 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. ......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. ...... Vs. Arch Bishop, Christian Missionaries and another.......................Respondents Judgment May 31, 1983. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17. There is no prohibition in Order VI rule 17 to the realisation of the omi..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." ......, 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......;lant. A.W. Bhuiyan, Additional Attorney-General, instructed by A.W. Mallik, Advocate-on-Record—For the respondents. Civil Appeal No. 83 of 1982. (From the Judgment and Order dated March 12, 1981 passed by the High Court Division in First Appeal No. 128 of 1973.) ..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. .......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......ed as dismissed and the appellant should be discharged from bail bond. Syed Md. Mohsen Ali J.- I agree with the judgment delivered by my learned, brother Badrul Haider Chowdhury J. Order of the Court: By the majority opinion the appeal is allowed and judgment of the..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment 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) 5. ......8; Nil Ratan Vs Ram Ratan, 5 CWN 627; Bashiruddin Vs Elahi Baksha, AIR 1935 Cal. 644; Kartar Singh Vs Zorawar Singh, AIR 1 29 Lal 121; Bijoy Krishna Vs Mantazuddin (1969) 21 DLR 631. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, A......that the Executing Court becomes functus officio after the decree has been executed. The learned Advocate further contends that the learned Single Judge ignored the express provision of rule 12 of Order XXII, Civil Procedure Code, which say that the provisions as to substitution under rules 3 an..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......, 27 D.L.R. Dac. 72; Lalji Raja and Sons Vs. Firm Hansroj Nathuram, A.I.R. 1971 (S.C) 974; Pingle Venkata Rama Reddy Vs Kakaria Buchanna & others, AIR. 1963 Andhra Pradesh F.B. page 1. Lawyers Involved: M. Nurullah, Advocate instructed by Syed Sakhawat Ali Advocate-on-Record&......q, Advocate-on-Record— For the respondent No. 1. Civil Appeal No. 119 of 1982 (From the judgment and order dated 8th April, 1982 passed by the High Court Division in Original Order No. 385 of 1979.) Judgment &nb..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......Das, 51 CWN, 644; Barkat Ali Mondal Vs Masem Ali Biswas, 6 DLR 589; Singhuram Panja Vs Ambica Charan Shantra, 45 CWN, 658; Md. Swaleh V. Messers. United Grain and Fodaer Agencies 16 DLR (SC) 155. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record- For the Appellants (In Civil ......ined in a pre-emption case and dismissed the application for pre-emption after reversing the trial Court’s order. A learned Single Judge of the High Court Division interfered, in revision, with the Order of the Subordinate Judge, and restored the trial Court's Order. 3. Miah Abdul Gafur, learn..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......The State.........................................Respondent Judgment June 4, 1991. Case Referred to- Abed Ali (Condemned Prisoner) Vs. The State, 42 DLR (AD) 171. Lawyers Involved : Korban Ali, Advocate, instructed by M Nowab Ali Advocate-on-Record-F...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 58
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