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Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)

....his Case is also Reported in: 36 DLR (1984) (HCD) 37     ......erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37     ......d others AIR 1977 (S.C.) 409; Bhim Singh and another Vs. Kan Singh, AIR 1980 (S.C.) 727; Musammat Nurjahan Begum Vs. Mahmudur Rahman Mallik , BCR 1982 A.D. 104 Lawyers Involved: Farmanullah Khan with Mokbul Ahmed—For the appellants. A.S.M. Mofakkar, S.C. Das—For the respon......ts Vs. Badsba Meah & others.......................Respondent Judgment November 23, 1983. Result: The appeal is dismissed Cases Referred To- Joydayal Fodder and another Vs. Mst. Hazra and others decided by the Supreme Court of India AIR 1974 (SC) 171; India..

Category: Property Law | Date: 23 Nov, 1983 | Hits: 3

Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)

.... (Civil Revisional Jurisdiction) Present: Mohammed Habibur Rahman J Syed Mo­hammed Ali J Sultan Ahmed and others......................Appellant Peti­tioners Vs. Md. Islam & others………………………&helli......tly allowed. In the result, the appeal is dismissed with­out any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......tly allowed. In the result, the appeal is dismissed with­out any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......orted in: 36 DLR (1984) 81. ..

Category: Property Law | Date: 20 Nov, 1983 | Hits: 88

Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)

....is Case is also Reported in: 37 DLR (HCD) (1985) 107. ......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. ......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. ...... XXIII of the Code of Criminal procedure comprising sections 265A-265L contain provisions of trial before Courts of Sessions. It is very much necessary for the Sessions Court to fully appreciate when and under what circumstances an order of acquittal can be passed. 4. If, before framing the cha..

Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4

Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)

....etitioner Vs. Dbakeswari Cotton Mills Ltd. & others ............Respondents Judgment November 16, 1983. Result: The Rules are discharged. Lawyers Involved: Md. Shahjahan—For the Petitioner. A. M. Nooruddin Ahmed—For the Respon­dent. ...... 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.         ...... 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.         ...... are discharged. Lawyers Involved: Md. Shahjahan—For the Petitioner. A. M. Nooruddin Ahmed—For the Respon­dent. Matter No. 18 of 1983 with Matters No. 19-23, 28-31 and 33 of 1983 Judgment Mustafa Kamal J. – These applications u/s. 171 of ..

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 ......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 ......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 ......ahbubey Alam—For the Appellant. No one—For the Respondent. Second Appeal No. 319 of 1965 Judgment Mustafa Kamal J. - These two Second Appeals have been heard together and will be disposed of by same judgment as they arise out of the same appellate judgment. 2. T..

Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3

Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)

.... Vs. The State.......................................................Respondent Judgment November 13, 1983. Result: The Rule is discharged. Cases Referred to- Md. Badir Mollah and others Vs. The State and others, Criminal Revision Case No.82 of 1983. Law...... 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.   ......o Reported in: 37 DLR (HCD) (1985) 100.   ......e State.......................................................Respondent Judgment November 13, 1983. Result: The Rule is discharged. Cases Referred to- Md. Badir Mollah and others Vs. The State and others, Criminal Revision Case No.82 of 1983. Lawyers Involved: ..

Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1

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.       ......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.       ......in: 37 DLR (HCD) (1985) 38.       ......Nazirul Islam— For the Opposite Party. Criminal Revision No. 30 of 1983. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Khulna and the Opposite Party to show cause why the proceedings of Sessions Case No.119 of 1982 pending bef..

Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....orporation Vs. Mahboob Hossain Chowdhury 29 DLR (S.C.) 41; Bang­ladesh Small Industries Corporation Vs. Mah-boobHossain Chowdhury, 29 DLR (SC) 41; Bang­ladesh Biman Corporation, Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rah......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     ......Bang­ladesh Biman Corporation, Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T. H. Khan with M, A. Wahab Miah—For the Appellant. B. B. Roy Choudfiury with Abdur Rashid &mda......R (S.C.) 41; Bang­ladesh Small Industries Corporation Vs. Mah-boobHossain Chowdhury, 29 DLR (SC) 41; Bang­ladesh Biman Corporation, Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T..

Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1

Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)

....ree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ......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. ......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. ..................(11) Whether appellate court after affirming the finding of the trial court that there is no evidence on record against the accused justified in setting aside the order of acquittal and directing retrial--This is an abuse of the process of the court and must be set aside--Code of c..

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.   ...... 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.   ...... This Case is also Reported in: 37 DLR (HCD) (1985) 117.   ......in short are that the opposite party Sayeda Sultana Khan, second wife of late Serajul Islam Khan @ Nasu Khan filed a certificate case being Miscellaneous Case No.48 of 1980 after the death of her husband in the Court of the learned Subordinate Judge, Khulna for the grant of a Succession Certificate ..

Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3

Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)

....lso Reported in: 36 DLR (1984) (HCD) 22     ......eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22     ......eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22     ......984) (HCD) 22     ..

Category: Criminal Law | Date: 20 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.   ......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.   ......dquo; Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28.   ......urt High Court Division (Admiralty Jurisdiction) Present: Mustafa Kamal J Khan Sons (a private Ltd. Company)...................Petitioner Vs. Motor Vessel YIH SHEN and others....................Opposite Parties Judgment October 10, 1983. Result: ..

Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12

Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)

..... This Case is also Reported in: 36 DLR (1984) (HCD) 290   ......e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290   ......s also Reported in: 36 DLR (1984) (HCD) 290   ........................Respondent Judgment October 4, 1983. Result: This appeal is dismissed. A suit for partition shall in­clude the entire properties of the co-sharers held and possessed jointly- The general rule to include the entire properties of all the co-sharers ..

Category: Property Law | Date: 4 Oct, 1983 | Hits: 2

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       ......r 3, 1983. Result: Appeal is dismissed Cases Referred to- McCain International Ltd. Vs. Country Fair Foods Ltd. and anr., 1981 RFC 69(CA). Lawyers Involved: Abdur Rashid Khan with Ashraf All Kazi— For the appellant. AsrarulHossain with Syed Sakhawat Ali- For ......d...............................Respondent Judgment October 3, 1983. Result: Appeal is dismissed Cases Referred to- McCain International Ltd. Vs. Country Fair Foods Ltd. and anr., 1981 RFC 69(CA). Lawyers Involved: Abdur Rashid Khan with Ashraf All Kazi—..

Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12

Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)

.... Division (Civil Revisional Jurisdiction) Present: A. Matin Khan Chowdhury J Anwarul Hoque Chowdhury J Debabarta Chatterjee...........................Petitioner Vs. Md. Munsur Ali & others........................Opposite parties Judgment October 3, 19......k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107   ......This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107   ......; 14. Condonation of delay in filing appeal – Whether time spent by filing a case in the wrong forum due to mistaken advice is to be condoned--That mistaken advice given by a counsel and for that matter even by a senior counsel may constitute sufficient cause for condoning deley if ..

Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6

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. ......ase Referred to- Mc Cain International Ltd. Vs. Country Fair Foods Ltd. and another, 1981 R.P.C. (Reports of Patent. Design and Trade Mark Cases) 69 (CA) Lawyers Involved: Abdur Rashid Khan with Ashraf Ali Kazi— For the appellant. Asrarul Hossain with Syed Sakhawat Ali&ndas.................................Respondent Judgment October 3, 1983. Result: The appeal is dismissed. Case Referred to- Mc Cain International Ltd. Vs. Country Fair Foods Ltd. and another, 1981 R.P.C. (Reports of Patent. Design and Trade Mark Cases) 69 (CA) Lawyers Invol..

Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290

Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)

....costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193     ......ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193     ......ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193     ......oint holding sub-section (3) of section 117 that that when an order under sub section (1) has been passed subdividing a joint holding, such sub-division may be demarcated on the ground and shown on the cadestral survey map. Thus the scheme of sub-division is very much clear for the pu..

Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2

Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)

.... Reported in: 36 DLR (1984) (HCD) 1.       ......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.       ......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.       ......lt: The appeal is allowed. Code of Civil Procedure, 1980; order 47 or 1, 2 & 4 Review of Judgment by a Successor Judge The right of review of a judgment is a substantive right and its scope, extent manner and forum are circumscribed by the statute which confer such right-Revi..

Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1

Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)

....d cannot be made the foundation of the conviction…………………….(9) Lawyers Involved: Abdul Majid, Advocate— For the Appellants. Md. Marfat Ali, Advocate with Altafur Rahman, Advocate— For the State. Criminal Appeal No......sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ...... This Case is also Reported in: 3 BLD (HCD) (1983) 325. ...... Judgment September 8, 1983. Result: The appeal is allowed. Confessional statement of an accused can not be sole base for conviction Confession of a co-accused is no evidence and that no conviction can be based on it unless there were other evidence on which conviction could..

Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9

Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)

....down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ...... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ......late Vs. Md. Harunur Rashid......................Respondent Judgment September 6, 1983. Result: The appeal is allowed in part. Lawyers Involved: Abdur Rashid Khan with Md. Shahidul Huq —For the Appellant Mahmudul Islam with K. Z. Huq—For the......hmudul Islam with K. Z. Huq—For the Respondent. Appeal from Criminal Order No.512 of 1981. Judgment Mustafa Kamal J.- This Miscellaneous appeal is directed aga­inst judgment and order 31.08.1981 passed by Mr. M. I. Hossain, District Judge, Dhaka in Title Suit No.9 of 1981 f..

Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223