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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. ......otton Mills Ltd. In various Courts for certain reliefs. After the winding up order was passed by the Government, the various plaintiffs fund difficulties in proceeding with their suits in view of the provisions of section 171 of the Companies Act which are as follows: “171. When..Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ...... contents of the original document.. The copies thus given are in so far as the original registered documents are concerned. Where a case for the reception of secondary evidence is made out under the provisions of section 65 of the Evidence Act, certified copy of the registered document be..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
.... proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 100. ......for trial at the time of the promulgation of the Ordinance i.e. on 21-8-82. According to him this was not a pending case for trial on the date of promulgation of the Ordinance as such transitory provisions would not be applicable in the facts and circumstances of the case. 5. Mr. M. A. Wah..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
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 ......h effect from 14.6.75. This order of dismissal is against the principles of natural justice. 6. The defendant, District Board filing 2 written statements contended that the suit is barred by the provisions of Articles 94 and 98 of the Basic Democracies Order, 1959. It was stated that the order ..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. ......cial Powers Act, 1974 has no substance because section 34 of the said Act starts with the expression "Except as provided in this Act" and section 29 of the said Act clearly provide that the provisions of the Code (of Criminal Procedure, 1898), so far only as they are not inconsis..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ......er dated 6.6.81 passed by the Subordinate Judge, Khulna, passed in Misc. Case No.48 of 1980 holding that the court had jurisdiction to entertain the petition for Succession Certificate under the provisions of the Succession Act. 2. Facts leading to this rule in short are that the oppo..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
.... of 33 DLR. (AD) 309. From the decision reported in 33 DLR (A.D.) it is clear, so far as the sub-division of the original holding is concerned under section 117(1)(c) of the Act, that it is mandatory to notify all other co-sharers before passing order for such sub-division. In the instant ......e modified record-of-right. Nothing transpires either from the evidence of the parties or from the judgments of the Courts below that those khatians have been finally published and accepted under the provisions of State Acquisition and Tenancy Act as final. There are two provisions under the State A..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....e grounds not allowable under Rule 2 no consequence has been provided for in Rule 2 itself. As no consequence has been provided for Rule 2 should be construed to be merely directory in nature and not mandatory at all. He submits that it is a settled proposition of law that when the legislature does ......'s written objection was that the application for review filed with the successor District judge, Dhaka is not maintainable under Order 47 rule 2 C.P.C. Secondly, the application of the provisions of Martial Law Order No. 40 of 1982 in the instant case is a debatable point, because the..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......gaged. It was thus bad in law. He has further urged that the patta Ext. A clearly shows that the transaction was a lease and not a mortgage but inspite of that the Court in violation of the provisions of section 92 of the Evidence Act had admitted the oral evidence to vary the terms of the..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......order has been made. Mr. Pal's submissions provides complete to answer to the objection raised by the learned Advocate for the plaintiff-opposite party. Even otherwise, there is no reason why the provisions in case of an appeal should not apply on principle in case of revision. Order 41, rule&nb..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
..... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ......Golam Rahman vs. Mrs. Imratannessa, 22 DLR 126 held that the present, being one of complete destruction of the subject matter of a lease was govern by the general principles of laws instead of the provisions of section 108 (e) of the Transfer of Property Act. 6. Leave was grant..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....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. ...... all the authorities charged with the supervision and maintenance of Cantonment lands and buildings that the premises in question is an abandoned property, then there is sufficient scope within the provisions of P.O.No.16 of 1972 and the Rules framed thereunder for taking necessary and appropriate..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ...... But in the instant case the main point for consideration is not the requirement of that section but whether or not the annulment of the incumbrance by the Ghosh landlords in accordance with the provisions of section 167 of that Act has been proved by the evidence on record. 10. In the app..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... 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. ......been used for the commission of the offence. Sub-section 4 of section 517 of the Code of Criminal Procedure further provides that it would be competent for the Court to deliver any property under the provisions of Subsection (1) of section 517 to any person claiming to be entitled to the posses..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ...... apply literally to the proceedings in a writ petition. It has been held that in exercise of its writ jurisdiction the High Court cannot be said to be a Court of civil jurisdiction that the provisions of the Code of Civil Procedure do not in terms govern the writ proceedings and that the H..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......o.VII of 1965), hereinafter referred to as the said Act. 2. The prosecution case, in brief, is that the accused-respondent Abdul Awal, Manager, Sonali Bank, Stadium Branch, Dhaka contravened the provisions of the Shops and Establishments Rules, 1970 in that on 24-3-78 at about 2-15 P.M. the inf..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
....the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ......effect that the suit land where cattle Market sits once in a week is not a hat within the meaning of section 2 of the East Bengal State Acquisition and Tenancy Act as such is not acquitable under the provisions of the said Act. It was further case of plaintiffs that no compensation assessment roll h..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......rjee 5 Cal 756. To take section 222 in its absolute term will be erroneous. Such provisions confer a faculty or power but they do not follow by such words as ‘that anything done contrary to these provisions, shall be null and void to all intents’. Such is the legislative practice whenever it i..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
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. ...... a complaint case which is triable exclusively by the Court of Sessions, therefore, is not a mere conduit pipe. He has a role to play and his role is well-defined and well-demarcated in the aforesaid provisions of the Code of Criminal Procedure. Similarly in the cases triable exclusively by the Cour..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1