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Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
.... The third point made by Mr. Hamidul Huq Chowdhury is that by merely describing or asserting that the premises in question is an abandoned property, it does not become so and that the complainant has totally failed to substantiate his said allegation even for the prima facie consideration of this ......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. ......mmediately. 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
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......ied. Till the trial commences within the meaning of section 271 of the Code no vested right accrues to the accused to be tried according to the procedure laid down under the Code. Further presence or absence of assessors relates to the mode of trial and to the constitution of the Court and in the pr......e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
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. ...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ...... the learned Advocate for the petitioner. 8. Secondly, he has sought to contend that since a complicated question of tide was raised with regard to the disputed premises, the S.C.C. Judge had no jurisdiction to try the suit under the S.C.C. Act. The learned Advocate. However, could not point ei..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. ......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. ......argument of the learned advocate for the petitioner so far it relates to this contempt proceeding has got no substance. Further, the proclamation of Martial Law of the 24th March, 1982 takes away the jurisdiction of the Supreme Court to call in question in any manner whatsoever any Martial Law Regul..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....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 ......cessity. According to him this transfer was not genuine and no consideration was passed and the defdt. could not prove that the said transfer was for legal necessity. He further contested that in the absence of any proof that the transfer was for the purpose of legal necessity the said transfer cann......f this Court as well as by other courts of this subcontinent that the finding arrived at by the lower appellate Court which is a final court of fact cannot be interfered by the High Court in it's jurisdiction under sections 100 and 115 of the C.P.C. i.e. in exercising the pow..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
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. ......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. ......sturbed by the High Court Division in second appeal. This argument of the learned Counsel is not tenable as the Appellate Division of the Supreme Court has held that while exercising its limited jurisdiction under section 100 of the Code of Civil Procedure, "The High Court can give a findi..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. ......proceedings without finding any apprehension of the breach of peach but at the same time had directed one of the party to receive the sale proceeds. This could have no blessings of law because in the absence of any finding that a particular party is entitled to possession passed under sub-section 6 ......ity and not erroneously or without lawful authority no revisional application would lie against that order and in support of that contention he has also referred to a number of decision of the Indian jurisdiction Mr. M.A. Aziz, the learned counsel has further urged, that under subsection 6 of s..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)
....der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95. ......der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95. ......der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95. ..Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....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. ......ion in Second Appeal No. 5 of 1968.) Judgment Shahabuddin Ahmed J. - In this appeal by special leave, the question is whether the High Court Division acted within its strictly limited jurisdiction under section 100 of the Civil Procedure Code, in reversing, in a second appeal, the lo..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....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. ......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. ......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. ..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
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. ......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. ......e Writ Petition." 6. The question involved in this application is whether section 82 of the Code of Civil Procedure applies to the judgment passed by this Court in exercise of its writ jurisdiction. Mr. Hamidul Huq Chowdhury, the learned Advocate appearing for the petitioners, argues ..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....It may set up a Corporation by a statute. This statutory corporation again is sometimes made amenable to different provisions of the Companies Act subject to the statute and sometimes it is kept totally outside the ambit of operation of the Companies Act, governable wholly by the incorporating ......ndent not only failed to produce the particulars and registers on demand but also failed to maintain the same which is evident from his failure to produce the same upon receipt of notice. In the absence of any evidence in this regard the accused-respondent cannot be convicted of the offence cha......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ..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. ......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. ..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
.... 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.
...... 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.
...... 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.
..
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. ......e will certified under the seal of a Court of competent jurisdiction that a grant of administration to the Estate of Testator vide the definition of Probate in section 2 of the Succession Act. In the absence of an executor an universal or residuary legatee can apply for letter of administration and ......ritor cum persona has no manner of application in such case. For it is in substance not a personal action. In substance Probate means copy of the will certified under the seal of a Court of competent jurisdiction that a grant of administration to the Estate of Testator vide the definition of Probate..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)
.... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ...... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ...... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ..Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
....ditional District Magistrate without admitting the appeal passed the following order:- "Heard the learned lawyer. I find no ground for its admission. Hence rejected. This order shows a total non application of judicial mind of the Court concerned. As a normal practice that has been fo...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
....nt. 10. Mr. Sircar's argument necessarily raises the question, what is a fresh complaint? If a complainant after the discharge of the accused persons files a petition of complaint alleging a totally different offence based on a totally different incident against the same set of accused pers...... 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. ......till the disposal of the case. A second prosecution is launched on the same facts after the discharge of the accused persons, it cannot be said that those proceedings are always entirely without jurisdiction. It depends upon whether the second prosecution is in act a revival of the same proceed..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. ......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. ..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
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