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Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......e Mr, Md. Sakhawat Hossain, the learned Advocate for the plaintiff submitted an application stating that the sole plaintiff was dead, .without stating the date of death. He further stated that as bis power to work as the advocate for the plaintiff had ceased, he was unable to take any step in t......Md. Sakhawat Hossain, the learned Advocate for the plaintiff submitted an application stating that the sole plaintiff was dead, .without stating the date of death. He further stated that as bis power to work as the advocate for the plaintiff had ceased, he was unable to take any step in the cas......shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130 ...... against the order of removal. Against the appellate judgment of the District Judge a revision lies to the High Court Division. This is a specific provision of law in a special statute. The appellate power of the High Court Division are specifically provided for in section 32 itself. ......ion) Present: Mustafa Kamal J Golam Ataher Chowdhury………………………………..Petitioner Vs. Administrator of Wakfs & others...................Opposite parties Judgment January 24, 1984. ......der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130 ..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ......in his own individual capacity as the secular owner of the property. A shebait or manager has the right to alienate portions of the endowed property for purposes of legal necessity. He may exceed his powers, but if transfer of the deity's property is by the shebait or the manager as such, the tr......69=ILR 23 Mad 271 (P.C.) and 27 IA 147=ILR 37 Cal. (P.C.); Hemanta Kumari Basu Vs. Sree Iswar Sreedhar Jew, AIR 1946 Cal. 473=ILR (1946)2 Cal. 38=50 CWN 629; Hafiz Vs. Swamp, PLD 1947 (R.C) 239; Mahanto Ram Charan Das Vs. Nurangilal and others, 37 CWN 541=60 IA 124; Mahadeo Prasad Singh Vs. Karia Bh......peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ......th day of December, 1971, under the provisions of P.O. No.16 of 1973 the case should be deemed to have been withdrawn and the accused persons should have been discharged forthwith as the Court has no power to proceed further with the case. Article 2 of P.O. No. 16/73 reads as follows: “No...... January 3, 1984. Result: The Rule is discharged. Withdrawal of criminal Case President's Order No. 16 of 1973 Art. 2. Under Article 2 of P.O. 16/73, there is nothing to show that the offence in question was committed by the accused in connection with the struggle fo......ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
.... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114 ......t in writing can be taken over as abandoned property without lawfully rescinding the agreement. The agreement in the said case of Buxly Paints (Bangladesh) Ltd. was entered into after 25.3.71. If the power to cancel any allotment or terminate any allotment, lease or agreement under which any abandon......Ltd.......................Appellant Vs. M/s. G. K. Brothers...........................Respondent Judgment December 13, 1983. Result: Appeal dismissed Cases Referred to- Buxly Paint (Bangladesh) Ltd. Vs. Bangladesh, (1979) 31 DLR (AD) 266. Lawyers Inv...... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114 ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
.... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83. ......the Vice-Chancellor of Rajshahi University to make an ad-hoc appointment of an Assistant Professor in the Law Faculty of Rajshahi University on the ground that the Vice-Chancellor was not empowered to make such appointment within the four corners of the provisions of sub-section 5 of secti......f Rajshahi University under Sub-section 5 of section 12 of Rajshahi University Ordinance XXVI of 1973. This order of ad-hoc appointment of Dr. Shah Alam by the Vice-Chancellor was not acceptable to Dean of Law Faculty of Rajshahi University who challenged such order by way of institution of a s...... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83. ..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ussed thoroughly the application of the Taiwa Company Ltd., addressed to the Board of Directors dated 25.9.1979 praying for the disposal of their 6,993 ordinary shares and resolved that, since due to financial stringencies none of the Directors has shown any interest to purchase the same, the T......e and also restraining the respondent Nos. 2—7 who are the other directors of the Company from participating and voting in the said annual general meeting on behalf of and/or as proxy and/or as powers of attorney of the said respondent Nos. 8, 9 and 11. 3. On the date that the application.......................Respondent Judgment November 24, 1983. Result: The prayer accepted Rectification of the Share Register Cases Referred To- Fry, Chase National Executors and Trustees Corporation Ltd. Vs. Fry and others (1946) 2 All E.R. 106; Transatlantic Life Assu......ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......ourt considers that there is no sufficient ground for proceeding against the accused, then it shall discharge the accused and record the reasons for so doing U/S 265C Cr.P.C. A Magistrate has similar power U/S 241A Cr.P.C. 5. After a charge is framed and the accused pleads not guilty to th.............Petitioner Vs. Abul Kashem & others.............................Opposite-Parties Judgment November 19, 1983. Result: The Rule is absolute. Cases Referred to- Mobarak Ali Gazi Vs. Mokbul Sardar, 23 DLR 96. Lawyers Involved: Md. Ansar Ali&md......et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)
.... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54. ...... of this Order, were pending in any court shall, on such commencement abate.” 3. It is clear, therefore, that in respect of scheduled industrial enterprise the Courts cessed to possess any power of winding up which became a special preserve of the Government. Even winding up proceeding pe...... Court High Court Division (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abdul Hamid.........................................Petitioner Vs. Dbakeswari Cotton Mills Ltd. & others ............Respondents Judgment November 16, 1983. Resul...... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54. ..Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ......e under sections 147/148/325/323 Bangladesh Penal Code read with section 4 and 5 of the Explosive Substance Act as well as 14 of the Special Powers Act. According to him the Sessions judge has got no power to try the case. According to him the Sessions Judge is not competent to try the offences alle......ip;…………………………Opposition Party Judgment November 13, 1983. Result: The Rule is discharged. Cases Referred to- M.G. Towab Vs. The State, 34 DLR page 390. Lawyers Involved: M. A. Aziz— Fo......with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ......f the District Board or the Government have not yet framed any rules governing the terms and conditions of service of the employee appointed under Works Programme then the appointing authority has no power to dismiss such employees without framing rules. In other words, Mr. B.B. Roy Choudhury i......ase is also Reported in: 36 DLR (1984) (HCD) 71 ......iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ......ar only as they are not inconsistent with the provision of this Act, shall apply to the proceedings of Special Tribunals. To prevent the abuse of the process Although this Court has no power to revise any order, judgment or sentence passed under the Special Powers Act but this Court h...... Rahman J Syed Md. Ali J Abul Hossain & others............................Petitioners Vs. The State.............................................Petitioner Judgment October 25, 1983. Result: The Rule is made absolute. Section 29 of the Special Powers A......Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......ion was bad in law and accordingly quashed. 5. Mr. Fazlul Karim. learned Advocate for the petitioner, has sought to contend mainly that the learned Sessions Judge illegally usurped the power of the learned Magistrate in deciding the question of possession of the proceeding land a...... A.T.M. Afzal J A.B.M. Hassan Kabir.......................................Petitioner Vs. Umesh Chandra Dey & others.......................Opposite Party Judgment October 19, 1983. Result: The rule is discharged. Lawyers Involved: Fazlul Karim&m......e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ......Admiralty Suit was not admitted at all by this Court. Secondly, the defendants were not served with any notice of the said suit. Thirdly, the defendants did not enter appearance in the suit by filing power. Therefore, he submits, whether or not the order dated 8.8.83 would be reviewed would be a mat...... ......er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107 ......ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107 ......ction) Present: Mustafa Kamal J M/s. A.B. Biscuit Co. Ltd.......................Appellant Vs. Haque Brothers Ltd...............................Respondent Judgment October 3, 1983. Result: Appeal is dismissed Cases Referred to- McCain Internation......ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107 ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
....t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ......t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ......mal J M/s. A.B. Biscuit Co. Ltd..........................................Appellant Vs. Haque Brothers Ltd................................................Respondent Judgment October 3, 1983. Result: The appeal is dismissed. Case Referred to- Mc Cain Intern......t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....directive from the Chief Martial Law Administrator contained in his order dated 29-6-82 that during the process of the transfer of the market no individual tenant is to be dislodged or made to suffer financially or otherwise. He was also of the opinion that the plan undertaken by the Municipal Corpo......fering with any measure designed to implement any development plan or programme or any development or public works or being otherwise harmful to the public interest is sine qua non to the exercise of power of granting temporary or ad-interim injunction-Omission on the part of the District judge to r......substantive right and its scope, extent manner and forum are circumscribed by the statute which confer such right-Review on the ground of discovery of new and important matter or evidence as referred to in rule 1 or the existence of a clerical or arithmetical mistake or error apparent on the face of......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
.... the Memo, under reference that the Naval Headquarters took over possession of the premises in question as an abandoned property. It was stated that the premises in question was hired after obtaining financial sanction and the hiring continued till the 30th June, 1981 upon execution of valid deed ......claim of various owners the Cantonment Board published a final list on the 12th August, 1972 wherein the holding No.40 Mohakhali (i.e. the premises were not declared as abandoned by the authority empowered to do so. It was further denied in the Memo, under reference that the Naval Headquarters ......……………………Petitioner Vs. K.M.J. Akbar, Commodore & others……………..Opposite-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- Chairman, Bangladesh Steel Mills Corporation Vs. Masood Raza and others, 30 DLR (SC) 169, G......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ......n never be decided in a S.C.C. suit. Indeed section 23 of the S.C.C., Act gives discretion to the S.C.C. Court to return plaint in a suit involving question of title under certain circumstances. This power is in terms discretionary and it has been held in very many cases that the section clearly ind......n & others………………………..Opposite Parties Judgment May 12, 1983. Result: The rule is discharged. Cases Referred to- Abdus Sattar and others, 32 DLR (AD) 170. Lawyers Involved: Nazrul Islam Chowdhur...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ......his Regulation is ultravires of the proclamation and mala fide and as such this Court can proceed with the present contempt matter. 8. The proclamation of Martial Law of March 24, 1982 clearly empowers the Chief Martial Law Administrator to make from time to time Martial Law Regulations, orders......li, Advocates— For the Petitioners. Daliluddin Ahmed, Advocate with Akram Hossain Amin, Altafur Rahman and Md. Sajjad Ali, Advocates — For the Contemners. Sultan, Ahmed Deputy Attorney General as Amecus Curie. Civil Revision No. 36(w) of 1983. Judgment Latifur......s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
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