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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.   ...... 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.   ...... 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.   ..

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.       ......ions Judge has not been empowered to try cases which falls under Special Powers Act in that case the Sessions Judge cannot try the case. It is upto the Court to decide which of the offence he has got jurisdiction to try. In this view of the matter we find no reason to interfere with the case at this..

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     ......un­tant, Works Programme. He held that the post of Accountant, Works Programme is merely a temporary post without any cadre, It is neither a Government service nor a local council service. In the absence of statutory provision, an employee of work-charge estab­lishment has no- security of se......3 declarations: (I) that the office Memo. dated 9.11.73 transferring him from his post of Accountant, Works Programme to the post of Assistant Accountant, under District Board, Mymensingh was without jurisdiction, ultra vires and against the principles of natural justice; (2) that the proceedings in..

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. ......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. ......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 has jurisdiction under section 561A Cr.P.C. in an appropriate case under the Special Powers Act to preve..

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.   ......angers to late Nasu Khan's property would have no locus standi to file the application for succession certificate. It was also contended that the certificate case was filed beyond the territorial jurisdiction of the court at Dhaka as the permanent place of residence of the deceased namely Seraju..

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

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

....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     ......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     ..

Category: Criminal Law | Date: 20 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 ......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 ......r recovery of khas possession of the proceeding land he cannot take the law into his own hand and try to create an "apprehension of breach of the peace" over the dispute and thus invoke the jurisdiction of the Magistrate under section 145 Cr.P.C. The learned Ses­sions Judge was justifi..

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.   ......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.   ..

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)

....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   ......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   ......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   ..

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

M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)

....ned District Judge is directed to dispose of the suit within two months from the arrival of the records. 13. The avoid any misunderstanding, it is specifically directed that the trial Court must totally ignore the views of this Court with regard to temporary injunction. The suit will be decided......k under which the plaintiffs are manufacturing the "Mr. Cookie butter coconut biscuits". The plaintiff's monetary loss cannot be ascertained. So they will suffer irreparable loss in the absence of the Court's protection. Hence the order of ad interim injunction date 27.10.81 was ma......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

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

....ther Sarat Kumari Debi for arrears of education cess form the period of July-September 1948 amounting to Rs. 6216/- with interest and for arrears of cess of the same year amounting to Rs. 2585/- thus totaling Rs. 8,801/- and for realisation of the said Tk. 8,801/- certificate sale was held 28-7-60 a......;Rule 9 of the Code of Civil Procedure for setting aside the said order of dismissal for default stating that on 12-9-76 Mr. Amjad Hossain tried to engage a senior Advocate in the suit because of the absence of Mr. Abhoy Pada Sen, Senior Advocate but he could not get any Senior Advocate and himself ......66 in the Court of Subordinate Judge Khulna for a declaration that the certificate case No. 565/R/C of 1948-49 and the sale held thereunder on 28-7-60 should not be declared to have been held without jurisdiction, void and tainted with fraud and material irregularity in publishing and conducting sal..

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)

....District Judge is directed to dis­pose of the suit within two months from the arrival of the records. 13. To avoid any misunderstanding, it is specifically directed that the trial Court must totally ignore the views of this Court with regard to temporary injunction. The suit will be decided......k under which the plaintiffs are manufacturing the "MR. Cookie butter coconut biscuits". The plaintiff's monetary loss cannot be ascertained. So they will suffer irreparable loss in the absence of the Court's protection. Hence the order of ad interim injunction date 27.10.1981 was ......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

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

....the disputed plot in his maliki right. In the Schedule be has mentioned the original Khatian No. 803 as well as the present Khatian No. 845. The disputed plots are Plots No. 846 and 850 measuring the total area of 1.84 and. 69 decimals respectively. 9. Admittedly, two separate khatians under th...... rent receiving interest under the Act. The record of right derives its presumptive value of correctness both under section 19 of the Act as well as section 144 of the Act. In the absence of any final publication of the record of right which have been prepared under the Act eithe......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     ..

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

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

....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.       ...... undertaken by the respondent Municipal Corporation for construction of a modern multistoried Fish, Meat and Vegetable Market for the benefit of the inhabitants of the Dhaka City. He held that in the absence of recording of such satisfaction the Martial Law Order No. 40 of 1982 is a barrier which th...... words clerical or arithmetical mistake or error on the face of the decree- When an application for review is made to the judge-in-Charge and who upon such application by a successor judge is without jurisdiction…………(23-24) Whether Martial Law Order No.40 of 1982 app..

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

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

....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. ......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. ......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. ..

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

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

.... 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. ...... 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. ...... 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. ..

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

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.   ......hat the Courts below failed to take into consideration the point that the defendant appellant was also a petitioner in the sale not aside case and yet came to an erroneous findings of facts as to the absence of the appellant in that proceeding and all these having prompted the Court to come to a fin......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.   ..

Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4

Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)

....t, Thus the position, if the defence argument he accepted, comes to this that neither the plaintiff nor the defendant have been able to prove either's possession in the suit land. This conclusion totally destroys the defence case. 1 have shown above that the defendants have failed to prove that ...... title to the suit land will be regarded as having possession therein”. 7. Mr. Faruque Ahmed, the learned Advocate appearing on behalf of the defendant-appellants has submitted that in the absence of a positive finding of possession of the plaintiffs in the suit land within 12 years prior......her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191   ..

Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2

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   ......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   ......the said suit. 2. Plaintiff Opposite party No. 1 instituted the aforesaid suit for a declaration that the order dated 4.3.75 passed in E. P. Case No. 230 of 1973-74 was illegal, void and without jurisdiction and for further declaration of his title to the suit land along with a prayer for perma..

Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3

Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)

.... permanently unfit for use for the purpose it is let, in which case the tenant has as option to terminate the lease. Section 108 (e) of the Transfer of Property Act does not deal with the case of a total destruction of the subject-matter of the lease. The Contract Act, 1872 (IX of 1872......nts did not exercise the option to terminate the lease, the tenancy would continue to subsist. The provisions of section 108 (c) of the Transfer of Property Act are as follows: "108. In the absence of a contract or local usage to the contrary, the leasor and the lessee of immovable proper....... 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.   ..

Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243