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

....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.       ......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......urisdiction) Present: Fazle Husain Mohammed Habibur Rahman J Syed Mohammad Ali J Nezamat Ali.................................................Defendant-Appellant Vs. Syed Ahmed Chowdhury and others.................Plaintiff-Respondents Judgment January 18, 198......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.       ..

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)

....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. ......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......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)

....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.   ...... 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......4) (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)

.... 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     ...... 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 ...... 13, 1983. Result: Appeal dismissed Cases Referred to- Buxly Paint (Bangladesh) Ltd. Vs. Bangla­desh, (1979) 31 DLR (AD) 266. Lawyers Involved: Khondaker Mahbubuddin Ahmed with Mirza Hossain Haider and Mokbul Ahmed—For the appellant. Muzammel Hossain with...... 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

Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)

.... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83.       ...... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83.       ......Opposite-Parties Judgment December 12, 1983. Result: This Rule is made absolute. Lawyers Involved: K. Z. Alam with Mir Hashmat Ali— For the Petitioner. Sultan Ahmed with Md. Ansar Ali, Md. Bashiruddin Mia—For the Opposite Party. Md. Marfat Ali&mdas...... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83.       ..

Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2

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

....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   ......, 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......(1979) 3 All E.R. 352; AIR Manual Third Edition, Vol, II pp 157-158; Grindtzys. Bank Limited Vs. Mtirree Brewery Company Ltd and another, PLD 1954 Lahore 745. Lawyers Involved: Syed Ishtiaq Ahmed with Rafique-ul-Huq & Rokanuddin Mahmood-For the Petitioners. A. R. Yusuf with Akhtar......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)

....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     ......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...... (S.C.) 409; Bhim Singh and another Vs. Kan Singh, AIR 1980 (S.C.) 727; Musammat Nurjahan Begum Vs. Mahmudur Rahman Mallik , BCR 1982 A.D. 104 Lawyers Involved: Farmanullah Khan with Mokbul Ahmed—For the appellants. A.S.M. Mofakkar, S.C. Das—For the respondents. Appea......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)

....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. ......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......so 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

Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)

....et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......mdash;For the Opposite Parties. Criminal Revision Case No. 61 of 1983. Judgment Mustafa Kamal J. - This Rule is directed against an order of acquittal dated 13.1.83 passed by Mr. A. H. Ahmed, Assistant Sessions Judge, Naogaon, in Sessions Case No.348 of 1982. 2. A charge was fram......et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ..

Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4

Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)

.... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54.         ...... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54.         ......hers ............Respondents Judgment November 16, 1983. Result: The Rules are discharged. Lawyers Involved: Md. Shahjahan—For the Petitioner. A. M. Nooruddin Ahmed—For the Respon­dent. Matter No. 18 of 1983 with Matters No. 19-23, 28-31 and 33...... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54.         ..

Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5

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

....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 ...... 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......nchal Singh, A.I.R. 1946 (P.C.) (1); Jinnat Ali Muktear Vs. Abdul Majid, 27 DLR 385; M. Kallappa Setty Vs. M.V. Lakshminarayana Rao, AIR 1972 (SC) 2299. Lawyers Involved: Khondker Mahbuddin Ahmed with Mahbubey Alam—For the Appellant. No one—For the Respondent. Second......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)

.... 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.   ......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...... 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.       ......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......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)

....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     ......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)

....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. ......­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......Tribunal Chittagong in Tribunal Appeal No.27 of 1980 should not be set aside. 2. The case for the prosecution is that on 4.6.77 at about 8 P.M. accused petitioners Abdul Jalil; Nurul Amin, Sagir Ahmed and Kala Mia called deceased Abdur Rashid alias Md. Petan to go out with them to the house of ......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)

.... 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.   ......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 ...... 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)

....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     ......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 Court, Chittagong in Sessions Trial Case No. 382 of 1979 and each of them has been sentenced to undergo transportation for life. 2. The case for the prosecution in brief is that deceased Kabir Ahmed (35), brother of informant P.W.1 Mir Ahmed used to live in village Kanchana, P.S. Satkania, Di......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 ......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......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)

....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.   ......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.......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

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

....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       ......d the Copyright of "Mr. Cookie Butter Coconut" biscuit carton on 18.9.80 from the Registrar of Copyright, Government of Bangladesh. 7. In this appeal Mr. Abdur Rashid Khan, the learned Advocate for the defendant-appellant has taken me through the two cartons of the plaintiff and the d......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       ......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