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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. ......sional application and obtained this rule. 6. Mr. Syed Shamsur Rahman, the learned Advocate has appeared on behalf of the petitioners. He submits that both the Courts below committed an error of law dismissing the suit of the plaintiffs in as much as the order of acquisition of the suit land is..

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

Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)

.... 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.       ......dinate to the District Magistrates. 5. In the present case, the learned Addi­tional 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..

Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1

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.         ......xclusively by the Court of Sessions coming within the ambit of clause (b) of Section 190 Cr.P.C., the Magistrate after the amendment omitting enquiry under Chapter XVIII Cr.P.C. is required under the law to send the case to the Court of Sessions for disposal in accordance with law. In a complaint ca..

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.     ....... The pre-emptor filed an application for pre-emption stating that he is a non-notified co-sharer by inheritance. The pre-emption case was filed within time after proper deposit as required under the law for pre-empting the land sold by kabala, Ext. 1. 3. The pre-emptee contested the proceed&sh..

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.     ......;ceeding against him the Court may dis­charge the accused or send the 'petition of complaint left undisposed of to the Court of the learned Sub-Divisional Magistrate for disposal according to law as provided under sub-section 2(A) of section 202 Cr.P.C." The next impugned order is dated..

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.   ......be called injurious to public health. 7. In order to consider an offence under section 272 of the Penal Code and 25C(a) of the Special Powers, Act, it may be observed that both the provisions of law have been made in similar language. Section 272 Penal Code says that whoever adulterates any art..

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. ...... the other hand, a ''license" as will appear from its definition in section 52 of the Easement Act is merely a competence to do something which except for this per­mission would be unlawful. It does not confer any rights in physical property. There is in the case of a license only p..

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.   ......upport of his submission that an order of discharge which, is passed on the merits and which is upheld by the Sessions Judge will practically have the same effect as an order of acquittal although in law there is no legal bar to the revival of fresh pro­ceedings in respect of the same offence. H..

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

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. ......s ob­tained against the Additional Deputy Com­missioner (Rev.), as Custodian of vested and non-resident property and that the order of acquisition was for public purpose and made according to law. The learned Subordinate Judge after hearing the parties by his order dated 21-1-1977 found that..

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.           ......of procedure, it involves a substantive right. There is no scope for review of an order by which an award is made under sub­section (1) of Section 7A of the Act. It is a settled principle of law the review is not a matter of procedure. It involves a substantive right. The right of revi..

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)

....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.         ......ed with Shah Abu Nayeem and Maleka Parvin, Advocates— For the Respondents. First Miscellaneous Appeal Nos. 26 and 65 of 1981. Judgment MH Rahman J.— As common questions of law are raised in these two matters, they have been heard one after another, and they are now dispos..

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. ......e of action or lack of jurisdiction, the objection as to exercise of jurisdiction by that Court requires solution. 10. Mr. Rafiqul Huq, Counsel for the respondents, mentioned a few provisions of law in support of the proposition that the Admiralty Court had the necessary power of rejection as w..

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

United Planters And Traders Limited And Another Vs. Md. Mosharraf Hossain Knan & Others, 182, 11 CLC (HCD)

....Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149     ......spondent No. 2 by respondent No.1. The company wrote to respondent No. 2 giving all the facts relating to the transfer of shares and the present state of the company; and, on being asked, the learned lawyer of the company produced all relevant documents before respondent No. 2 but the petitioner did..

Category: Company Law | Date: 28 May, 1982 | Hits: 3

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18.   ......ccused appellants took her to the house of absconding accused Samir Sarkar at Aviram... where from they took her to Bonarpara Railway Station and therefrom they took her to the house of the sister-in-law of Abul Hossain i.e. the house of Serajul Is­lam in village Behargili. She was kept con­..

Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1

Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)

.... regard to the facts and cir­cumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40.   ......nst the trustee as owner of the trust property;" 21. Section 4 speaks about the purpose for which a trust may be created. Section runs as follows:- "A trust may be created for any lawful purpose. The purpose of a trust is lawful unless it is (a) forbidden by law, or (b) is of suc..

Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1

Albert David (Bangladesh) Limited Vs. Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, 1982, 11 CLC (HCD)

....ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 356   ......l shall be a Court of record, and shall have in respect of the territories for the time being included in the Province of East Bengal, all such original appellate and other jurisdiction, as under the law in force immediately before the appointed day, is exercisable in respect of the said territories..

Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5

Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)

....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250             ...... grant rateable pre-emption to the present petitioner who was O.P. No. 1. 7. Mr. Mian Aftabuddin, the learned Advocate for the petitioner submits that both the Courts below committed an error of law apparent on the face of the record in not holding that this petitioner became a co-shararer by h..

Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2

Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)

....ds expeditiously. The connected Rule for stay of further pro­ceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37.   ......Since the defendants have been thrown out of possession by the decree which has been set aside we arc of the view that the suit should be disposed of as expeditiously as pos­sible after providing lawful opportunities to the parties. We do not see any justification in prolonging the litigation ov..

Category: Property Law | Date: 2 Mar, 1982 | Hits: 2

Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)

....e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154     ......A.I.R. 1916 Calcutta-427 in support of his contention. 6. Mr. Md. Ansar Ali, the learned Advocate, appearing on behalf of the plaintiff-respondent, however, submits that there is no provision of law, for issuing notice on the defendant before appointing a Receiver, and as such the learned Subor..

Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1

Momtazuddin Ahmed Vs. Abdur Rashid Khan, Sub-divisional Magis¬trate, Sherpur & ors, 1982, 11 CLC (HCD)

....79, the judgment of which has also been delivered today. In the result the rule is made absolute. Md. Altaf Hossain J.-I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 113 ......2.70, passed by the Sub-Divisional Officer, Jamalpur, in Case No. 56-EP/70-71, purporting to take possession of part of C.S. Plot No 14, Khatian No. 22 of Mouza Narayanpur had been passed without any lawful authority and was of no legal effect. 5. It is the petitioner's case that he along w..

Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2