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

....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   ...........Opposite party Judgment February 7, 1984. Result: the Rule is made absolute Case Referred To- Raja Debt Baksh Singh Vs. Habib Shah XVIII (19,13) C.L.J. (PC) 9. Lawyers Involved: Md. Sharifuddin Chakladerjor Md. Jamir-uddin Sircar—For the petitioners......itioners. No one—For the Opposite jarty. Civil Revision No. 1356 of 1984. Judgment Mustafa Kamal J—This rule obtained under section 115 C.P.C. is directed against the Order dated 26.6.76 passed by Mr. N.I. Khan, Munsif, Faridpur in Miscellaneous Case No.191 of 1976. ..

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

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

....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   ..................Opposite parties Judgment January 24, 1984. Result: The Rule is discharged Case Referred to- Md. Khorshed Alam Vs. Amir Sultan Ali Haider, 21 D.L.R. 799 Lawyers Involved: Md. Jamiruddin Sircar with Md. Asaduzza-man, Nazrul Islam & Enamul Haque&......d 31-3-83 he appointed an official Mutwalli Committee for 2 years with the petitioner as Chairman and the said Abu Saleh Chowdhury as Secretary and the 3 other complainants as members. He passed this Order purportedly under Section 44 of the Waqfs Ordinance. 3. Being aggrieved by the ..

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

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.       ....... 968); Swarup Chand PLD 1947 P.C. 239; Sm. Palani Bala Debi Vs. Kalipada Chakravorty and others, 54 CWN 960; Vidya Varuthi Vs. Balusami, ILR 1944 Mad 831=48 IA 302 = 26 CWN 537=AIR 1922 PC 123. Lawyers Involved: Abu Taker Chowdhury—For the Appellants. Maqbul Ahmed—For th...... 1950 of recovery of the suit pro­perty was filed with in 12 years from 3.5.1937 by plaintiff No.1 and that therefore, the said suit was not barred by limitation. As that suit was withdrawn under Order 23, rule 1 of Code of Civil Procedure, under Order 23, rule 20 Code of Civil Procedure the pre..

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. ......................Petitioner Vs. Katu alias Abdul Latif & others.................Opposite parties Judgment January 18, 1984. Result: The Rules are made absolute. Lawyers Involved: Azizur Rahman Chowdhury—for the com­plainant-petitioner (In Crimina......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.   ......tion in the facts and circumstances of the present case. Cases Referred To- Syed Matiur Rahman Vs. The state 35 DLR (A) (D) 329; Baksu Mia Vs. Government of Bangladesh 30 DLR (SC) 228. Lawyers Involved: A.K.M. Shafiqur Rahman-For the Peti­tioner. Moazzem Hossain, D.A.G.-...... The State.....................................Opposite parties Judgment January 3, 1984. Result: The Rule is discharged. Withdrawal of criminal Case President's Order No. 16 of 1973 Art. 2. Under Article 2 of P.O. 16/73, there is nothing to show that the o..

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     .............Respondent Judgment December 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—......in hiding to save his life from the Pakistan Occupation Army. In the meantime the liberation struggle ended and on 17.12.71 Bangladesh as a new nation came into being. By operation of President's Order No.16 of 1972 which came into effect on 28.2.72, share-holdings and business management with a..

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.       ..............Petitioners Vs. Prof. Zillur Rahman & others............................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 ......ts' power to grant temporary injunction is concerned, it has been provided in section 53 of the Specific Relief Act that such injunction may be granted at any period of a suit and is regulated by Order 39 of the Civil Procedure Code, Rules 1 and 2 of Order 39 of Civil Procedure Code relate to ca..

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   ......ansatlantic Life Assurance Co. Ltd. (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 Petit......ly, Dhaka. They want the removal of the name of respondent No.11 Sigma International Inc. from the share register. 2. The petitioners have also simultaneously filed the present application under Order, Rules 1 and 2 read with section 151 C.P.C for temporary injunction restraining the respondent..

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

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. ......i @ Md. Iman Miah & others, 1981 BLD (AD) 280; Akhtarunnessa and another Vs. Habibulla & others, 31 DLR (AD) 88; Abdus Samad & others Vs. Md. Sohrab Ali & others 33 DLR (AD) 113. Lawyers Involved: A.K.M. Skafiqur Rahman with Mustafa Niaz Muhammad—For the pre-emptee Ap......were in possession of the case land from before their purchase on 27.04.1979, it appears that on 23.03.1983 the plain­tiffs of that suit i.e. the present pre-emptees 1-5 withdrew their suit under Order 23, rule 1 C.P.C. and the pre-emptees were permitted to withdraw from the suit with liberty to..

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. ..............................Opposite-Parties Judgment November 19, 1983. Result: The Rule is absolute. Cases Referred to- Mobarak Ali Gazi Vs. Mokbul Sardar, 23 DLR 96. Lawyers Involved: Md. Ansar Ali—For the Petitioner. Md. Altafur Rahman—For the......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.         ............................Petitioner Vs. Dbakeswari Cotton Mills Ltd. & others ............Respondents Judgment November 16, 1983. Result: The Rules are discharged. Lawyers Involved: Md. Shahjahan—For the Petitioner. A. M. Nooruddin Ahmed—For ......up sake by order of the Government and in such manner as it may direct. (3) All proceedings for the winding up of any scheduled industrial enterprise which immediately before the commencement of this Order, were pending in any court shall, on such commencement abate.” 3. It is clear, ther..

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 ......lip;(15) Cases Referred to- Chainchal 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......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.   ......dgment November 13, 1983. Result: The Rule is discharged. Cases Referred to- Md. Badir Mollah and others Vs. The State and others, Criminal Revision Case No.82 of 1983. Lawyers Involved: N. S. M. Nasirul Islam—For the Petitioners. M. A. Wahab, Deputy At......e is discharged. The order of stay for further proceeding of Ses­sions Case No.508 of 1982 is vacated. The Sessions Case No.508 of 1982 is now proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Report..

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.       ......p;………Opposition Party Judgment November 13, 1983. Result: The Rule is discharged. Cases Referred to- M.G. Towab Vs. The State, 34 DLR page 390. Lawyers Involved: M. A. Aziz— For the Petitioners. M. S. M. Nazirul Islam— For......Sessions Case No.119 of 1982 is vacated. Let the Sessions Case No.119 of 1982 pending in the Court of Additional Sessions Judge Court No.1 Khulna, proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Report..

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     ......n Chowdhury, 29 DLR (SC) 41; Bang­ladesh Biman Corporation, Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T. H. Khan with M, A. Wahab Miah—For the Appellant. B. B. Roy Chou......the principles of natural justice. 6. The defendant, District Board filing 2 written statements contended that the suit is barred by the provisions of Articles 94 and 98 of the Basic Democracies Order, 1959. It was stated that the order of transfer of the plaintiff from the office of Accountant..

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. ...... court and must be set aside--Code of criminal Procedure (V of 1898) S. 561A……………(11) Case Referred to- Bangladesh Vs. Shajahan Seraj, 32 DLR (AD) 1, Lawyers Involved: Nurul Islam Chowdhury—For the Petitioners. Moazzem Hossain Deputy......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.   ......thers………………………………Opposite-Party Judgment October 23, 1983. Result: The Rule is discharged. Lawyers Involved: Molla Abdus Sattar with Sk. Ashraf Hossain M. A. Aziz—For the Petitione...... 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     ......appeal is dismissed. Cases Referred To- The appeal is dismissed. Abdul Matin Munshi Vs. Idris Pandit and others, 27 DLR (A.D.) 22; Abdur Rahman Mondal Vs. State, 29 DLR (S.C.) 246 Lawyers Involved: Serajul Hug with Abdul Momen Chowdhury —For the Appellants. Moazze......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)

....ound of apprehension of breach of the peace. It is not difficult to see through the game or gamble of the 1st party-petitioner as he filed his peti­tion to the A.O.M. who was also a member of the Martial Law Complaint Cell. Evidently, he wanted to make a short-circuit of the process of law in ob............................Petitioner Vs. Umesh Chandra Dey & others.......................Opposite Party Judgment October 19, 1983. Result: The rule is discharged. Lawyers Involved: Fazlul Karim—For the petitioner. Mujibur Rahman—For the opp......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.   ......ion is allowed. Case Referred To- Dr. M. Fazil Zahir Vs. Mst. Begum Jan, PLD 1966 (Lahore) 53; Rekanti Chinna Chattiyar and others Vs. Varadappa Chattiar and others, AIR 1940 Madras 17 Lawyers Involved: Dr. Kamal Hossain with Tofailur Rahman A. F. Hasan Ari]—For the Pe......nclined to decide the question in this review application as to whether an Admiralty Suit not formally admitted and registered by the Court, will need a formal order of the Court for withdrawal under Order 23 rule 1 C.P.C. or not. 6. Proceeding on the assumption that this Court's ..

Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12