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Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)

....muddin died on J4.3.76 leaving behind the 7 petitio­ners as his legal heirs who are sui juris. 3. The suit was fixed for hearing on 6.4.76. On that date Mr, Md. Sakhawat Hossain, the learned Advocate for the plaintiff submitted an application stating that the sole plaintiff was dead, .witho......(HCD) 309   ......shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309   ......shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309   ..

Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1

Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)

....ntention to avoid the under-tenure of the plaintiffs. There is nothing to show that the Government ever took delivery of possession of the suit Nim-Howla. 11. Mr. Hemayetuddin Ahmed, the learned Advocate for the petitioners submitted that after the auction purchase, the suit land was recorded a......27   ......ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127   ......ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127   ..

Category: Property Law | Date: 6 Feb, 1984 | Hits: 4

Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)

....tate Acquisition and Tenancy Act, 1950 (here­in after called the Act) and the said lease was null and void and as such the land stood for­feited to Government. Mr. Abdul Quay urn, the learned Advocate for the plaintiff-petitioners, has frankly admitted that the basic document of the plaintif......nbsp; ......nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163   ......nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163   ..

Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5

Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)

.... the Administrator did not act as a subordinate Court to the Civil Court while exercising his powers under Section 44 of the Waqfs ordinance. 10. Mr. Md. Jamiruddin Sircar. The learned Advocate for the petitioner confronted with this difficulty submits that a direction may be given to......evisional Jurisdiction) Present: Mustafa Kamal J Golam Ataher Chowdhury………………………………..Petitioner Vs. Administrator of Wakfs & others...................Opposite parties Judgment J......der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130   ......der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130   ..

Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1

Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)

....Chand P.L.D. 1947 P.C. 239; PLD 1957 S.C. (India) 111; Maung Aung Vs. Maung Sun, A.I.R. 1928 Rangoon, 13, Sitamma Vs. Sitapali Reco, A.I.R. 1938 Mad. 8). 10. Mr. Abu Taher Chowdhury, the learned Advocate for the appellant has, how­ever, submitted that in the instant case the ven­dors Mu......il Appellate Jurisdiction) Present: Fazle Husain Mohammed Habibur Rahman J Syed Mohammad Ali J Nezamat Ali.................................................Defendant-Appellant Vs. Syed Ahmed Chowdhury and others.................Plaintiff-Respondents Judgment J......peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45.       ...... ILR Cal. 885 (P.C.); Ghanasambanda Sannadhi Vs. Velu Pandaram and another, IV CWN 319=27 IA 69 Gnanasambanda and Damodar Das (27 IA 69=ILR 23 Mad 271 (P.C.) and 27 IA 147=ILR 37 Cal. (P.C.); Hemanta Kumari Basu Vs. Sree Iswar Sreedhar Jew, AIR 1946 Cal. 473=ILR (1946)2 Cal. 38=50 CWN 629; Hafiz Vs...

Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1

Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)

....rules. 3. Mr. A. F. M. Shahid, the learned Assistant Attorney General has appeared for Bangladesh, the petitioner in Criminal Revision No.140 of 1983 and Mr. Azizur Rahman Chowdhury, the learned Advocate, for the complainant-petitioner in Criminal Revision No.121 of 1983. Mr. Nikhilesh Dutta, t......rt High Court Division (Criminal Revisional Jurisdiction) Present: Sultan Hossain Khan J Md. Abdul Rouf J Md. Suruj Mia..................................Petitioner Vs. Katu alias Abdul Latif & others.................Opposite parties Judgment Jan......dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ......dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ..

Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132

Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)

.... Thereafter the accused petitioners moved this Court under Section 561A of the Court of criminal Procedure and obtained the present Rule. 7. Mr. A.K.M. Shafiqur Rahman, the learned Advocate for the accused petitioner submits that since the Government has with drawn the case on the......ourt High Court Division (Criminal Revisioal Jurisdiction) Present: Md. Habibur Rahman J Syed Mohammed Ali J Nazir Ahmed & others.....................Petitioner Vs. The State.....................................Opposite parties Judgment January 3......ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80.   ......ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80.   ..

Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2

I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)

.... liberty to rescind this agreement” It is also not disputed that the Income Tax clearance certificate. Ext. A was obtained on 24.12.70. 7. Mr. Khondaker Mahbubuddin Ahmed, the learned Advocate appearing on behalf of the defendant-appellant has referred to section 65 of the ...... High Court Division (Civil Appellant Jurisdiction) Present: Mohammed Habibur Rahman J Syed Mo­hammad Ali J I.C.I. (Bangladesh) Ltd.......................Appellant Vs. M/s. G. K. Brothers...........................Respondent Judgment December 13, 19...... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114     ...... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114     ..

Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8

Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)

...., in no event of acceptance of the Board of Directors of COMPANY, TAIWA may transfer their shares to any person or corpora­tion of their choice. It has been argued by Mr. A.R. Yusuf, learned Advocate for the respondent Nos. 1-3, 6-8 and 11 that since Article 5 of the Articles of Association......   ......ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309   ......ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309   ..

Category: Company Law | Date: 24 Nov, 1983 | Hits: 4

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

....rest in the suit lands by purchases during the pendency of the suit. 4. The learned Munsif on a consideration of the evidence; oral and documentary, adduced before him and on hearing the learned Advocates of the parties decreed the suit declaring that the plaintiff Abul Meah purchased the lands......e Court High Court Division (Civil Appellate Jurisdiction) (Chittagong Bench) Present: Md. Altaf Hossain J Haji Ali Hossain & others..................Appellants Vs. Badsba Meah & others.......................Respondent Judgment November 23, 1......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     ......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     ..

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

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

....at the land sought to be pre-empted is the entire land transferred by the vendors to the pre-emptees by the registered kabala dated 27.04.1979 (Ext.1.) 7. Mr. A.K.M. Shafiqur Rahman, the learned Advocate for the pre-emptee appel­lants submits that the pre-emptors have failed to prove that t......ision (Civil Revisional Jurisdiction) Present: Mohammed Habibur Rahman J Syed Mo­hammed Ali J Sultan Ahmed and others......................Appellant Peti­tioners Vs. Md. Islam & others……………………&hell......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. ..

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

Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)

.... the plaintiff is a trespasser the defendant Nos. 4 and 5 have at least a semblance of title through Victoria and Eliz. As such the suit was dismissed. 8. Mr. Khondker Mahbubuddin Ahmed, learned Advocate for the plaintiff-petitioner, submits that the appellate Court below has illegally excluded...... (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 ..

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

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

....was rejected by the learned Additional Sessions Judge on 12-5-83. Be­ing aggrieved the petitioners have filed this application and obtained this Rule. 4. Mr. M.S.M. Nasirul Islam the learned Advocate has appeared on behalf of the petitioners. He submits that in the present case section 339C...... (Criminal Revisional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Anwarul Hoque Chowdhury J Mortoza Elahi @ Tipu & others...........................Petitioner Vs. The State.......................................................Respondent Judgment ...... 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)

....ged alongwith offences punishable under Special Powers Act and the Explosive Substance Act as well as Arms Act as such the whole proceeding is liable to be quashed. 4. Mr. M. A. Aziz the learned Advocate has appeared on behalf of the petitioners. He submits that the whole proceeding is liable t......in Khan Chowdhury J Anwarul Hoque Chowdhury J Abdul Mannan Sarder & others………………………………Petitioner Vs. The State…………………………&h......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.       ..

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

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

....1 in support of his findings. He held that the order of dismissal was illegal, void, without jurisdiction and against the principles of natural justice. 10. In this appeal Mr. T.H. Khan, learned Advocate for the defendant-appellant, has raised only one point. He submits that the plaintiff being......   ......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     ......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     ..

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

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

....­vation made herein." Being aggrieved by the aforesaid order, the accused petitioners moved this Court and obtained the instant Rule. 8. Mr. Nurul Islam Chowdhury, the learn­ed Advocate for the petitioners submits that in view of the finding of the Appellate tri­bunal that...... (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Md. Habibur Rahman J Syed Md. Ali J Abul Hossain & others............................Petitioners Vs. The State.............................................Petitioner Judgment October......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. ..

Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1

Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)

....said order. As against that this Rule was obtained from this court when this Court was also pleased to stay further proceedings in the matter under dispute. 3. Mr. Molla Abdus Sattar the learned Advocate appearing for the petitioner along with Mr. Sk. Ashraf Hossain having taken us through the ......rul Hoque Chow­dhury J Mrs. Ummida Khan……………………………………………Petitioner Vs. Salahuddin Khan & others…………………&hellip...... 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.   ..

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

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

....ake place in the manner, time and place alleged by the prosecution. Due to previous enmity the accused appellants and others were implicated in this case falsely. 4. Mr. Serajul Huq, the learned Advocate for the appellants submits that no reliance should be placed on the evidence of the prosecu......t High Court Division (Criminal Appellate Jurisdiction) Present: Mohammed Habibur Rahman J Syed Md. Ali J Nazimuddin and another..........................Petitioner Vs. The State…………………………&h......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)

....f injunction was already passed requiring the parties to maintain status quo it was held that the proceeding in question was bad in law and accor­dingly quashed. 5. Mr. Fazlul Karim. learned Advocate for the petitioner, has sought to contend mainly that the learned Sessions Judge illeg­...... 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 ......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 ..

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)

....o admit a suit for hearing is the practice in the Original Side of the High Court Division On 31.7.83 the Court merely ordered that the suit come up in the list on the next day. On 1.8.83 the learned Advocate for the petitioner Mr. Tofailur Rahman submitted that the owner of the vessel defendant No.......) 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