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

....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. ......amaswamy Vs. S Hanymayya, AIR 1959 SC 57; Nafar Chandra 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, A......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)

....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. ......s Judge in convicting and condemning 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 At......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)

....overnment of Bangladesh filed Civil Petition for Special Leave to Appeal No. 146 of 1982. It was pending for hearing as to wheth­er leave was to be granted. At this stage the Procla­mation of Martial Law dated 24-3-82 came into force and in clause (g) of the said Proclamation it was pro­......ir and others Vs. Bashir and another, P.L.D1963 (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, Add......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

The State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288.           ......es Referred to- Hussain Baksh Vs. Settlement Commissioner Rawalpindi, PLD 1970 (SC) 1; B.S.I. Corporation Vs. Mahbub Hossain Chowdhury, 29 DLR (S.C) 41; Tamlir Vs. Hannaford, 150 (1) KB 18. Lawyers Involved: Matiur Rahman, Assistant Attorney General— For the State-Appellant. ......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288.           ..

Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1

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. ......1983. Result: The Rule is discharged. 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, Assis......ssessment roll has been prepared and published in respect of the suit land as such the order of acquisition is illegal, void and not binding upon the plaintiffs. Plaintiffs filed an application under Order 39, rule 1 of the Code of Civil Procedure praying for an order of temporary injunction restrai..

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)

.... 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. ......964 Punjab 428; PC. Sen. A.I.R. 1970 (SC); Parashura 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 Is......ind of the petitioner, the allegation of contempt has been made of our orders which are set out below: (1) Civil Appeal Nos. 63 and 65 of 1982 are allowed without any order as to costs. (2) Order of appointment of Receiver by the High Court as affirmed by the High Court Division is set asi..

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)

....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. ......s. Gobinda Chandra Saha and ors., 51 CWN 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-Re......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)

.... 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.     ......ould be afforded an opportunity of being 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......hellip;……………Opposite Parties Judgment December 13, 1982 Result: The CR petition is restored to its original file and number. Whether Every Order in a Criminal case is a judgment- The ex­pression judgment has not been defined in th..

Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1

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.       ......r that reason alone, the Court concerned cannot 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&mdash...... 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)

.... 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.         ......lip;…………(8 &12-15) Cases Referred to- Abul 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— F...... 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)

....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.     ......pendra Chandra Roy Vs. Jonab Ali, 29 DLR (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&mdash......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)

....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.     ......er…………………………………State Judgment November 9, 1982. Result: This Rule is made absolute. Lawyers Involved: Majibur Rahman, Advocate— For the Peti­tioner. Shehabullah, A......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)

....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.   ......variably criminal Courts subordi­nate to the High Court having superintending jurisdiction over such Courts………………………(7 & 9) Lawyers Involved: KZ Alam with Zamiruddin Ahmed, Ad­vocates — For the Petitioner. ......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)

....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. ......otel De Paris Ltd. (1960) 1 All E.R. 348; 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......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)

....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.   ......sdiction. Cases Referred to- Abdul Hossain 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,......ined by him. The Sub-Divisional Magistrate after pe­rusal of the evidence on record discharged the accused petitioner Nazrul Alam by order dated 12-8-78 under section 253 Cr.P.C. Against the said Order of discharged, co-accused Ashit Baron Saha filed Criminal Mo­tion No.158 of 1978 and the l..

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

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

....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. ......2. Result: The Appeal is dismissed. 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 Shahidu......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)

....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. ......es Referred to- AIR 1914; (Cal. 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 Peti......ellip;……Res­pondents Judgment January 27, 1982. Result: The rule is made absolute. Transferee court may punish for violation of an order of injunction- Order 39, Rule 2(3) empowered the court to punish for disobedience of any term or breach of an order..

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.           ...... Cases Referred to- Hussain 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&......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

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. ......khsh 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 Involved: K.A. Bakr, Senior Advocate, M.H. Khondker, Senior Advocate, A. Wadud Bhuiyan ......ecord-For the respondent No.4. Mahbubey Alam, Advocate instructed by M.S. Zoha Chowdhury, Advocate-on-record-For the respondent No.6. Civil Appeal No.60 of 1982. (From the Judgment and Order dated 19.4.82 passed by the High Court Division in Admiralty Suit No. 5 of 1982). Judgmen..

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     ......da, Daddy, S. & others Vs. Irani K.R. 78 CWN 872; Sri Gulabrai Kalidas 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 Petition......t of 1913, which is analogous to Section 155 of the Companies Act of 1956, was to provide a summary remedy in non-controversial matters or in matters where a quick decision was necessary in Order to obviate an irreparable injury to a party. This provision was not intended for settling cont..

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