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Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)

....andra Pal Vs. Sukur Sk, AIR 1918 PC 92; Dhenna Mal Vs. Roy Bahadur Moti Sagar, AIR 1972 PC 102; Wali Mohammad Vs. Mohammad Baks, AIR 1930 PC 91. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (M/s K. Z. Alam and Jamir-uddin Ahmed, Advocates with him), instructed by Md. Aftab Hossai......ddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Erfan Ali…………………………………Appellant Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur & others…&hellip......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. ..

Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99

Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)

.... the 6 accused-appellants to death in such careless, irresponsible and slip shod manner…………………..(24 & 27) Lawyers Involved: Abdul Malek, Advocate— For the Appellant. Sultan Ahmed, Deputy Attorney General with Md. Marfat Ali, ...... Present: Mohammad Husain J Amin-Ur-Rahman Khan J Sudhir & 5 others………………………………Appellants Vs. The State…………………………&h......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)

....3 (W.P) Lah. 178, Chand and others Vs. Abdul Ghaffur and others, P.L.D. 1965 (W.P.) Lah. 596, Thakur Prasad vs. Fakirullah, I.L.R. 17 All 106 (P.C.) Lawyers Involved: Hamidul Huq Chowdhury, Advocate-For the Petitioner. A. Wadud Bhuiya, Additional Attorney-General — For the Respo......ourt Division (Special Original Jurisdiction) Present: FHM Habibur Rah­man J Mustafa Kamal J Neerala Tea Estate & others.............................Petitioners Vs. Government of Bangladesh & others.............Respondents Judgment February 1......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. ..

Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88

Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)

....ed. Cases Referred to- 25 DLR at page 248, 476; Prov. of E. Pak. Vs. The Secretary Muktagacha Abbasia Senior Madrassa, 16 DLR (SC) page 281. Lawyers Involved: Syed Shamsur Rahman, Advocate— For the Petition. M.A. Wahab, Assistant Attorney General— For the Opposit......ional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan and others…………………………Petitioners Vs. Government of Bangladesh……………………&he......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

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder alias M. R. Sikder & others, 1983, 12 CLC (AD)

....ra Debaran Vs. King, Sup. 45 C.W.N. 733; Adam Ali Vs Emp, AIR 1945 P.C. 147; Homi Rastomji Pardiwala Vs. Sub-Inspector Boig, 1944 ILR Lah., 196. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate Rafiqul Huq, Senior Advocate, Mahmudul Islam, Advocate, Fazlul Haque, Advocate, instructed ......CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Mahbubur Rahman Sikder and others................................Petitioners Vs. Mujibur Rahman Sikder alias M. R. Sikder & others..............Respondent Judgment...... 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)

....N 917; Mt. Phekni Vs. Mt. Manki, AIR 1930 Patna 618; Jadeja Pravinsinhji Vs. Jadeja Mangnishji and other, AIR 1963 Guzrat 321; Monohar Mukherjee 5 Cal 756. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by Santi Ranjan Karmakar, Advocate-on-Record - For the appellants. S.S. Ha......n (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khitindra Chandra Bhattacharya and another…………….Appellants Vs. Jalada Devi…………......................Respondent Judgment January 16, 1983. Ca......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. ......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. ..

Category: Property Law | Date: 16 Jan, 1983 | Hits: 103

Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)

....heard in the matter. Cases Referred to- S. Kuppuswami Rao Vs. The King, ALR 1949 (FC) 1; Golzar Hasan Shah Vs. Ghulam Murtaza, 22 DLR (SC) 258. Lawyers Involved: Md. Abdus Sobhan, Advocate— For Peti­tioner. No one— For the Opposite Parties. Criminal Rev......hury J Anwarul Huq Chowdhury J Muzahar Sikder…………………………………………Petitioner Vs. Fariduddin Ahmed & others…………………&helli...... 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)

.... dis­pose of such appeals in such a perfunctory manner as has been done in the present case…………….(5 & 6) Lawyers Involved: Khondoker Saiful Hoque, Advocate— For the Petitioner. No one— For the Opposite Party. Criminal Revisio......Present: Latifur Rahman J Jamsed & others…………………………………………Petitioners Vs. Abdus Samad & others……………………&he...... 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)

....l Hossain Sana Vs. Swalal Agarwala, 14 DLR (SC) 96; Md. Sharif and others Vs. Baharuddin Chowdhury, 30 DLR 344. Lawyers Involved: Jamiruddin Sircar with MA Wahab Mia and Mir Mahfuzur Rahman Advocate— For the Petitioners. A Baset Majumder, Advocate— For the Complainant. ...... (Criminal Revision Jurisdiction) Present: Mohammad Habibur Rahman J Mustafa Kamal J Abdus Salam Master and another……………..Petitioners Vs. The State…………………………&h...... 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.         ...... 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.         ..

Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1

Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)

....Dacca) 1977 at page 229; Bandar Ali Halder Vs. Kalu Halder and others; Mohar Ali Mondal Vs. Shahabuddin Mia at page 27, 1 Bangladesh Case Report (1981). Lawyers Involved: Abdul Mannan Khan, Advocate— For the Pe­titioner. No one— For the Opposite Party. Civil Revi...... (Civil Revisional Jurisdiction) Present: Latifur Rahman J Ramesh Chandra Barman & others……………………Pe­titioners Vs. Naresh Chandra Barman & others…………………&......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

Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)

....p;……………………State Judgment November 9, 1982. Result: This Rule is made absolute. Lawyers Involved: Majibur Rahman, Advocate— For the Peti­tioner. Shehabullah, Advocate— For the Com­plainant-...... Afzal J Mohammad Abdur Rouf J Abdur Razzaque…………………………………………Petitioner Vs. The State & another……………………&hel......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.     ......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.     ..

Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1

Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)

.... has been stated in the F.I.R. that on the direction of the Minister, the petitioner herein was arrested and prosecuted under the Special Pow­ers Act. 2. It has been submitted by the learned Advocate for the petitioner that the fact stated in the F.I.R. of the Police does not disclose and c......visional Jurisdiction) Present: Syed Muhammad Husain J Amin-Ur-Rahman Khan J Mohammad Nazrul Islam……………………Petitioner Vs. The State…………………………&h......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.   ......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.   ..

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)

....48; Crane Vs. Morris, (1965) 3 All E.R. 77; Addiscombe Garden Estates, Ltd Vs. Crabee (1957) 3 All E R. 563; Finbow Vs. Air Ministry, (1963) 2 All E.R. 647. Lawyers Involved: M. Hafizullah, Advocate instructed by Aftab Hossain, Advocate-on-Record - For the appellant. B. K. Das, Advoca...... FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J New Dhamai Tea Estate Limited………… Appellant Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Res......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. ......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. ..

Category: Property Law | Date: 6 Aug, 1982 | Hits: 3

Nurul Islam Vs. The State, 1892, 11 CLC (HCD)

....ossain Sana Vs. Suwalal Agarwala and another, 14 DLR (SC) 95=PLD 1962 (SC) 242; Pir Badsa and another Vs. The State, 15 DLR (SC) 55; 14 DLR (SC) 96. Lawyers Involved: A Hasib with MA Tariq, Advocates— For the Petitioner. Sohrab Ali, Deputy Attorney General— For the State.......Habibur Rahman J Mustafa Kamal J Nurul Islam…………………………………………Petitioner Vs. The State…………………………&h......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.   ......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.   ..

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

Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)

.... Cases Referred to- Musamat Bibi Wahiduiuaisa Vs. Babu Deep Narain Prasad, 20 CWN 1174; Tuleb Ali and anr Vs. Abdul Aziz and ors 34 CWN 46. Lawyers Involved: AH Md. Saadat Ali Khan, Advocate— For the Appellant. A.N.M Shahidulah, Advocate— For the Res­pondent. ......ate Jurisdiction) Present: MH Rahman J Sufia Khatun & others…………………………………Appellants Vs. Ijsharani Karmakar & others…………………&hel......nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ..

Category: Property Law | Date: 1 Jul, 1982 | Hits: 2

Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)

....815; 61 CLJ 543; AIR 1962 Cal. 519; AIR 1962 Pat. 443; AIR 1923 Mad. 92; 61 CLJ 543; AIR 1962 Cal 519; AIR 1914 Cal. 815; AIR 1968 Punjab (Hariana) page 374. Lawyers Involved: BN Chowdhury, Advocate with Parimal Chandra Guha Advocate— For the Petitioner. Sultan Ahmed, Deputy Att...... Chowdhury J Sultan Hossain Khan J Dilip Kumar Chakravorty……………………………………..Petitioner Vs. Abdul Muyeed Chowdhury and others……………Res­pondents ......s also Reported in: 3 BLD (HCD) (1983) 49. ...... Reported in: 3 BLD (HCD) (1983) 49. ..

Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1

Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)

.... Baksh Vs. Settlement Commissioner Rawalpindi, PLD 1970 (SC) 1; Manager Lever Brothers (Pak) Ltd. Vs. Lever Brothers (Pakistan) Ltd. Sramik Union, 25 DLR 242. Lawyers Involved: Abdul Hamid, Advocate—For the Appellants. Zinnur Ahmed, Advocate—For the Respondent. Firs......ud Chowdhury J MH Rahman J Ebadul Hoque & others………………………………………Appellants Vs. Hajee Rajab Ali Molla & others…………………&......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287.           ......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287.           ..

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)

..... Vs. Raymon & Co. (India) Private Ltd., AIR 1962 (SC) 1810; Waverly Jute Mills Co. Ltd Vs. Raymon Co. (India) Private Ltd., AIR 1963 Supreme Court 90. Lawyers Involved: Md. Abdul Aziz, Advocate— For the Appellants. Fakir Shahabuddin Ahmed with Shah Abu Nayeem and Maleka Par......ate Jurisdiction) Present: Abdul Wadud Chowdhury J M.H. Rahman J Bangladesh House Building Fin­ance Corporation………………Appellant Vs. M/S Moinuddin Akhtaruddin Chowdhury…………………......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.         ......lip;……………Respondent Judgment June 15, 1982. Result: These Appeals are dismissed. Cases Referred to- Mahomed Musa and others Vs. Aghore Kumar Ganguli and other, AIR 1914 Privy Council page 27; N. Qamar Jahan Begum Vs. Ch. Bansi Dhar, AI..

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)

....21 DLR (SC) 456=PLD 1970 SC 1; R.P.0' Connor Vs. P.G. Sampath Kumar, A.I.R. 1953 Md 897; Jagannath Prasad Vs. Smt. Chandrawati, AIR 1970 All, 309 FB. Lawyers Involved: K.A. Bakr, Senior Advocate, M.H. Khondker, Senior Advocate, A. Wadud Bhuiyan & Abu Salek, Advocates with them inst......l Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgm......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. ......une 9, 1982. Result: The appeal is allowed. Cases Referred to- Hussain Bakhsh Vs. Settlement Commissioner, (1969) 21 DLR (SC) 456=PLD 1970 SC 1; R.P.0' Connor Vs. P.G. Sampath Kumar, A.I.R. 1953 Md 897; Jagannath Prasad Vs. Smt. Chandrawati, AIR 1970 All, 309 FB. Lawyers..

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)

.... Naik and others Vs. Shri Laxmidas Lalubhai Patel of Baroda and others, 48 Company cases, 438; 7 PLR (Dacca series) 159. Lawyers Involved: Amirul Islam with Moinur Reza Chowdhury, Advocate- For the Petitioners Alimuzzaman Chowdhury, Advocate-For the Defendant No.1. Habi...... High Court Division (Civil Original Jurisdiction) Present: M.H. Rahman  J United Planters and Traders Limited and Another…………Petitioners Vs. Md. Mosharraf Hossain Knan & Others………………&hel......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     ......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     ..

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