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Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)

....ellip;………………………….Contemners Judgment May 5, 1983. Result: The Rule is discharged. Lawyers Involved: Md. Ansar Ali, Advocate with Md. Marfat Ali, Basiruddin Miah and Younus Ali, Advocates— For th......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. ......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. ......;……….Contemners Judgment May 5, 1983. Result: The Rule is discharged. Lawyers Involved: Md. Ansar Ali, Advocate with Md. Marfat Ali, Basiruddin Miah and Younus Ali, Advocates— For the Petitioners. Daliluddin Ahmed, Advocate with Akram Hos..

Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1

Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)

.... March 23, 1983. Result: The Appeal is dismissed Cases Referred to- Mohendra K. Roy Vs. Akbar Mollah (1977) 2 DLR 6; AIR Mys. 1960 page 260; (1977) 29 DLR 239 ; Fakhruddin Mia Vs. Md. Khodabaksh Sk (1977) 29 DLR (SG) 268. Lawyers Involved: M. Latifur Rahman—For th......d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ...... Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ..

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

Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)

....Case is also Reported in: 37 DLR (HCD) (1985) 126.   ......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.   ......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.   ......man—For the Respondent. Appeal from Appellate Decree No. 602 of 1963. Judgment M. S. Ali J. - This appeal preferred by the plaintiff Abdul Shaikh is directed against the judgment and decree dated 18.12.62 of the learned Subordinate Judge, Additional Court, Khulna in Title Appeal..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3

Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)

....upreme Court Appellate Division (Civil Appellate Jurisdiction) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Erfan Ali……………………&hell......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......howdhurani Vs. Jewahir Singh, 18 ILR Cal. 23; Abdul Mazid Vs. Khalil Ahmed, 12 DLR SC 132; Nadir Shah Vs. Lal Shah, PLD 1954 Lah. 447; Deity Pattabhiramaswamy Vs. S Hanymayya, AIR 1959 SC 57; Nafar Chandra Pal Vs. Sukur Sk, AIR 1918 PC 92; Dhenna Mal Vs. Roy Bahadur Moti Sagar, AIR 1972 PC 102; Wali..

Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99

Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)

....ner…………………..(24 & 27) Lawyers Involved: Abdul Malek, Advocate— For the Appellant. Sultan Ahmed, Deputy Attorney General with Md. Marfat Ali, Advocate— For the State. Criminal Appeal No. 252 of 1981 and Death Refere......tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......n the same night. After having failed to trace out Jitendra on search he informed about the missing of Jitendra to the co-villages as also to the members of the village Defence Party including Azizul Islam. At about 4 P.M. of 16-9-79 the members of the village defence Party being headed by Azizul Is......………………………………………State Judgment March 8, 1983. Result: The appeal is allowed and the reference is rejected. No Eye-Witnesses and No Direct or Circumstantial Evidence- Unpro..

Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4

Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)

....rnment of Bangladesh & others.............Respondents Judgment February 16, 1983. Result: The application is rejected. Cases Referred to- Bangladesh and another Vs. Md. Salimullah, 35 DLR 1983 (AD) 1, B.C.R. 1982 (AD) 373, M/s. Bharat Board Mills Ltd. Vs. The Regio......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. ......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. ...... Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. Result: The application is rejected. Cases Referred to- Bangladesh and another Vs. Md. Salimullah, 35 DLR 1983 (AD) 1, B.C.R. 1982 (AD) 373, M/s. Bharat Board Mills Lt..

Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88

The State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....sed-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 informant P.W.1 Md. A. Khaleque, Inspector of Shops and Establishments visited the Stadium branch of the Sonali Bank......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288.           ......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288.           ......lip;…Accused-Respondent requires Judgment February 13, 1983. Result: The Appeal is dismissed. Whether the Nationalized Sonali Bank comes under the purview of the Shops and Establishments Act 1965 (Act No.VII of 1965) The words "commercial establishment"..

Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1

Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)

....ct. 1978, as such the hat in question vested in the Government from that date. In this connection reference may be made to the case reported in 25 DLR page 284 in the case of Prov. of E. Pakistan Vs. Md. Shahabuddin Gazi and others where it was field:— "Hats and bazars belonging to t......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. ......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. ...... is also Reported in: 3 BLD (HCD) (1983) 284. ..

Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder alias M. R. Sikder & others, 1983, 12 CLC (AD)

....AD) (1983) 203. ...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed. Ed. This Case is also reported in: 35 DLR (AD) (1983) 203. ......i Vs Emp, AIR 1945 P.C. 147; Homi Rastomji Pardiwala Vs. Sub-Inspector Boig, 1944 ILR Lah., 196. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate Rafiqul Huq, Senior Advocate, Mahmudul Islam, Advocate, Fazlul Haque, Advocate, instructed by Md. Sajjadul Huq, Advocate on Re­cord - F......te Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Mahbubur Rahman Sikder and others................................Petitioners Vs. Mujibur Rahman Sikder alias M. R..

Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132

Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)

.... Court Division can direct the taking of cognizance. ………………(8 &12-15) Cases Referred to- Abul Hossain Sana Vs. Swalal Agarwala, 14 DLR (SC) 96; Md. Sharif and others Vs. Baharuddin Chowdhury, 30 DLR 344. Lawyers Involved: Jamiruddin S...... 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.         ...... 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.         ......;     ..

Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1

Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)

....e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99.     ......e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99.     ......re the starting of the proceed­ing for pre-emption the right to pre-emption does not exist. In an unreported decision in the case of Bandar Ali Halder Vs. Kalu Halder and others Mr. Justice Ruhul Islam also found that if the reconveyance takes place before the starting of the proceeding for pre-......e is also Reported in: 3 BLD (HCD) (1983) 99.     ..

Category: Property Law | Date: 24 Nov, 1982 | Hits: 2

Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)

....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70.     ......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70.     ......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70.     ......lling in question two orders. The first one is dated 13-4-82 passed by the Additional Sessions Judge, 3rd Court, Comilla in Sessions Trial No.247 of 1980 taking cognizance against the peti­tioner and issuing non-bailable warrant of arrest against him upon holding as follows:- "Since ac..

Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1

Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)

....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65.   ......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65.   ......D) (1983) 65.   ......in the process of adulteration of food- Mere possession of any alleged adulterated food in any premise by itself will not consti­tute an offence under Section 272 of the Pe­nal Code and Section 25C(a) of the Special Powers Act, unless it is alleged that a par­ticular person or ..

Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8

New Dhamai Tea Estate Limited Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and others, 1982, 11 CLC (AD)

....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 157. ......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 157. ...... decreed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 157. ......wdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J New Dhamai Tea Estate Limited………… Appellant Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Respondents Judgment August 6,1982. Result: ..

Category: Property Law | Date: 6 Aug, 1982 | Hits: 3

Nurul Islam Vs. The State, 1892, 11 CLC (HCD)

....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33.   ......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33.   ......n: 3 BLD (HCD) (1983) 33.   ......t sought to be tried by a different Tribunal. Nor is he be­ing tried under a separate rule of evidence. Records of the case shows the same witness. The accused has deposed to the same effect and has not deposed anything in respect of selling of the cloths in the black market. There was neit..

Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1

Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)

....ppeal is dismissed. Cases Referred to- Musamat Bibi Wahiduiuaisa Vs. Babu Deep Narain Prasad, 20 CWN 1174; Tuleb Ali and anr Vs. Abdul Aziz and ors 34 CWN 46. Lawyers Involved: AH Md. Saadat Ali Khan, Advocate— For the Appellant. A.N.M Shahidulah, Advocate— For t......nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......lip;.Respondents Judgment July 1, 1982. Result: The Appeal is dismissed. Cases Referred to- Musamat Bibi Wahiduiuaisa Vs. Babu Deep Narain Prasad, 20 CWN 1174; Tuleb Ali and anr Vs. Abdul Aziz and ors 34 CWN 46. Lawyers Involved: AH Md. Saadat Ali Khan, Advoca..

Category: Property Law | Date: 1 Jul, 1982 | Hits: 2

Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)

....ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......n Khan J Dilip Kumar Chakravorty……………………………………..Petitioner Vs. Abdul Muyeed Chowdhury and others……………Res­pondents Judgment January 27, 19..

Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1

Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)

....sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287.           ......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287.           ......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287.           ......rson aggrieved by an award made under Sub-section (1) of section 7A of the Emergency Requisition Act can only bring a suit in a civil Court of competent jurisdiction for determination of the dispute, and he is not entitled to re-agitate the matter by way of review…………&hel..

Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3

Bangladesh House Building Fin¬ance Corporation Vs. Bangladesh House Building Finance Corporation, 1982, 11 CLC (HCD)

....adah Company Ltd. Vs. Raymon & Co. (India) Private Ltd., AIR 1962 (SC) 1810; Waverly Jute Mills Co. Ltd Vs. Raymon Co. (India) Private Ltd., AIR 1963 Supreme Court 90. Lawyers Involved: Md. Abdul Aziz, Advocate— For the Appellants. Fakir Shahabuddin Ahmed with Shah Abu Nayee......dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 282.         ......dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 282.         ......p;……………………Respondent Judgment June 15, 1982. Result: These Appeals are dismissed. Cases Referred to- Mahomed Musa and others Vs. Aghore Kumar Ganguli and other, AIR 1914 Privy Council page 27; N. Qamar Jahan Begum ..

Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2

M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)

....ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......y, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. ..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400