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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. ......7 of the Code of Civil Procedure annexing certified copies of application for separation of the old jama which was registered as Mutation Case Nos. 1367(IX-1) 1977-78 and 1368 (IX-1)/1977-78, orders separating the old holding in the same mutation cases and the new Khatians bearing Nos. 3067..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. ......r Advocate (Abdur Rashid, Advocate with him) instructed by Shamsul Haque Siddique, Advocate-on-Record—For the respondents. Civil Appeal No. 71 of 1983. (From the judgment and order dated 13.12.1982 passed by the High Court Division, Comilla Bench in Second Appeal No. 201 of..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. ......, the Court is obliged to see that he performs his function properly and for the benefit of the trust. Receiver’s liability to account continued even when he has been discharged by an order of the Court. His responsibility continues and he cannot be exercised that what he had done ..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. ......trator of Waqfs and others............Respondents Judgment April 2, 1984. The Waqf Ordinance, 1962 (1 of 1962), Sections 32, 43 and 44 The Waqf Administrator’s order under Section 44 of the Waqf Ordinance cannot be challenged in appeal or revision…&hel..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. ......e new landlords are certainly entitled to receive rent since the transfer 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. Abdu..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. ...... Badrul Haider Chowdhury J.-This appeal by special leave is directed against the judgment and order passed by the High Court Division in Second Appeal No. 1355 of 1968. 2. Defendants a..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. ......only when he fails to perform an act which he is directed to do but also when he does an act which he is prohibited from doing. It is imperative to find that the defendant had willfully disobeyed the order of the Court…………..(10) To find the defendant guilty for disobedience of injunction ..Category: Civil Law | Date: | Hits: 114
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
.... the appellant on the point of jurisdiction namely, that all action had been taken by the Company from its Chittagong office where registered office is situated and therefore in terms of Government Notification dated 22nd April, 1980 the Labour Court II, Dhaka is the proper court ......r the appellant. Zakir Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Criminal appeal No. 40 of 1983. (From the Judgment and order dated 10-5-1983 passed by the High Court Division in Criminal Revision No. 29 of 1982.) ..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. ...... and 2. M. Zahir, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record—For Respondent Nos. 2 and 4. Civil appeal No. 67 of 1983. (From the Judgment and order dated 11-1-1983 passed by the High Court Division, Dhaka in Civil order No. 13 of 1983.) ..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. ......ppellant. Rafiq-ul-Huq, Senior Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Respondent. Civil Appeals Nos. 52 to 57 of 1981 (From the judgment and order dated 9-6-80 passed by the High Court Division in Reference Application Nos. 127 to 130 of 19..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Gafur Khan & others Vs. Government of BanglaÂdesh & others, 1984, 13 CLC (AD)
.... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Gafur Khan & others……………….....................Appellants Vs. Government of BanglaÂdesh & others............................Respondents Judgment Janu......i, Advocate instructed by Md. Sajjadul Huq, AdvoÂcate-on-Record (absent)— For the Respondents (In Civil Appeal No. 137 of 1983) Civil Appeal Nos. 60 and 137 of 1983. (From the Judgment and order dated 14-11-1982 passed by the High Court Division, Rangpur Bench in F.M.A. No. 242 of 1979.) ..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. ......e, (Md. Abdur Rashid, Advocate with him) instructed by Md. Shamsul Huque Siddique, Advocate-on-Record—For the Respondents. Civil Appeal No 58 of 1983. (From the judgment and order date December 1981 passed by the High Court Division in First Appeal No. 52 of 1978.) ..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. ......150 Consequence of Transfer of Business of Court The transferred Court shall have the same power and “shall perform the same duty as those respectively conferred and imposed by order under this Code or the Court from which the business was so transferred.” However, the ..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. ......ate-on-Record—For the petitioner. Not Represented—For the Respondent. Criminal Petition for Special Leave to Appeal No. 139 of 1983. (From the Judgment and order dated 22.8.1973 passed by the High Court Division, Dhaka Beach in Criminal Appeal No. 519 of..Category: Criminal Law | Date: | Hits: 58
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....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 vested in the Government shall be exempted from all legal process including seizure, distress, ejectment, attachm......) any property vested in the Government shall be exempted from all legal process including seizure, distress, ejectment, attachment or sale by any officer of the Court or any other authority and no order of injunction shall lie…….(7) The Bank wanted to proceed against the pr..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....f allotment was made in respect of the first floor of the premises. The allotÂment was made in favour of one Dr. Giasuddin Ahmed on December 13, 1973. By their Memo No. 2p-4-240/73 dated 12.5.75 the Government cancelled the order of allotment on the representation by the appellant that he was in po......rd—For the appellant, A.W. Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on-Record —For the respondent. Civil Appeal No. 143 of 1902. (From the Judgment and order dated 20-3-1982 passed by the High Court Division, in Civil Revision No. 336 of 1972.) Jud..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers IndusÂtries Ltd. and ors., 1984, 13 CLC (AD)
....hat the petitions were filed by the plaintiff-respondent No. 1 for directing defendant Nos. 6 & 7, that is, Bangladesh Fisheries Development Corporation, Fish Habour Complex, ChittaÂgong and the Government through the CollecÂtor of Customs to show cause why they should not be directed to produ......ellate Division and High Court Division The High Court Division has no jurisdiction to deal with matters which lie within the jurisdiction of the Appellate Division. Legality or illegality of the order passed by the High Court Division is a mater of no consequence when it is found that it was ma..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. ...... no reason for appointment of a receiver in the present case, particularly when the courts below did not find any mismanagement or damage to the property in question and there is an order of injunction restraining the transfer of any property in question. The order of the High Cou..Category: Property Law | Date: | Hits: 45
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 howÂever any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......€”For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate instructed by Md. Sajjadul Huq, Advocate on Record—For the Respondent No. 1. Civil Appeal No. 13 of 1983. (From the Judgment and order dated 22-11-1982 passed by the High Court Division in Civil Revision No. 1161 of 1982.) Ju..Category: Tenancy Law | Date: | Hits: 111
Md. Matiur RahÂman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....ere no appeal lies, the Magistrate or Bench of Magistrates need not record the evidence of the witnesses or frame a formal charge; but he or they shall enter in such form as the Provincial Government may direct the following particulars:— (a) the serial nu...... Sections 263 and 264 of the Code of Criminal Procedure do not contemplate that reasoning should be given in case of acquittal. However, it is highly desirable that the Magistrate passing an order of acquittal should at least give some indications as to why on evidence the order of acquitt..Category: Criminal Law | Date: | Hits: 41
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