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Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)

....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ...... Present: FKMA Munim CJ Badrul Haider Chow­dhury J  Shahabuddin Ahmed J    Syed Md. Mohsen Ali J Bangladesh Jatiya Samabaya Bank Ltd............Appellant Vs. Sangbad Daily Paper and others................&h...... Present: FKMA Munim CJ Badrul Haider Chow­dhury J  Shahabuddin Ahmed J    Syed Md. Mohsen Ali J Bangladesh Jatiya Samabaya Bank Ltd............Appellant Vs. Sangbad Daily Paper and others................&hellip..

Category: Civil Law | Date: | Hits: 107

AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)

....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...

Category: Tenancy Law | Date: | Hits: 101

Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)

....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ..

Category: Criminal Law | Date: | Hits: 51

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....leque Bain upon which cognizance was taken. 4. From the facts as disclosed in the FIR and the charge sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 kathas of land, briefly, the ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)

.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 38

Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)

....mporary injunction holding, inter alia, that tile plaintiffs miserably failed to establish a prima facie case. On appeal by the plaintiffs against the said order the learned Subordinate Judge and Commercial Judge, 2nd Court, Chittagong by order dated 19-12-88 dismissed the same and affirmed the......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ..

Category: Civil Law | Date: | Hits: 91

Government of Bangla­desh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

....with or en­gaged in military operations against the Peo­ple's Republic of Bangladesh; (ii) any property taken over under the Bangla­desh Taking over of Control and Management of Industrial and Commercial Concerns Order, 1972 (Acting President's Order No. 1 of 1972) but does not include (a)......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......d…………………(29) Cases Referred to- 28 DLR (AD) 120; 30 DLR (SC) 101; AIR 1963 (SC) 1819; (1889) 14 App. Case 631 (636); 1928 A.C. 143 (164); (1942) 315 U.S. 262(L); M/s Khan Brothers Ltd. Vs. Govt. of Bangladesh, 27 DLR 423; M/s. Helal Jute Press Ltd. Vs. Govt. of Bangladesh, 27 DLR..

Category: Immigration and Citizenship Law | Date: | Hits: 214

M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)

....rcome the mischief arising from their default For the reasons stated above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......y, plaintiff- respondent collected rents from May, 1972 to December, 1972 by one cheque dated 4.12.72. Plaintiff-respondent received the rent of April, 1973 by Cheque No.505173 dated 6.5.73 on Pubali Bank, College Branch which was received by plaintiff-respondent's son Nurul Islam who signed the cou......rcome the mischief arising from their default For the reasons stated above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ..

Category: Tenancy Law | Date: | Hits: 112

The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)

....k that this finding is perverse or against any evi­dence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......k that this finding is perverse or against any evi­dence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......k that this finding is perverse or against any evi­dence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ..

Category: Criminal Law | Date: | Hits: 45

Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)

.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......sain Khan v. Bangladesh Jute Mills Corporation, 36 DLR(AD) 282, Mosharraf Hossain Chowdhury v. General Manger, Titas Gas Transmission & Distribution Co. Ltd. 1981 BLD (AD) 61, M/s. Eastern Mercantile Bank Ltd. v. Mohammad Shamsuddin, 21 DLR (SC) 365. Lawyers Involved: Asrarul Hossain, Senior A......988) 45 ..

Category: Labour and Industrial Law | Date: | Hits: 122

Jamal and others Vs. The State, 1987, 16 CLC (AD)

....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..

Category: Criminal Law | Date: | Hits: 55

Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)

....H Rahman J. Order of the Court By a majority decision the appeal is dismis­sed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......case the dispute turned on the question whether the vendors of deceased appellant migrated from the then East Pakis­tan before the Indo Pakistan war in 1965. The disputed property was mortgaged to a Bank by the predecessors of the vendors of the appellant and subsequently a mortgage suit was compro......H Rahman J. Order of the Court By a majority decision the appeal is dismis­sed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ..

Category: Procedural Law | Date: | Hits: 115

Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)

....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..

Category: Property Law | Date: | Hits: 50

Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)

....on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......Ed. This Case is also Reported in: ......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 124

Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)

....her proce­eding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ...... and B) as refer­red to above, were signed by the managing director on behalf of the company. In their plaint they explained that under an unofficial arrangement with the Manager of the Sonali Bank, Malibagh Branch, in which both the company and the respondent-petitioner had Accounts, tempor......p;…………………….Res­pondent (In both the appeals) Judgment March 8, 1987 Cases Referred To- Ellal Textile Mills Ltd., 38 DLR (AD) 26; Re Sulekha Works Ltd, AIR 1965, Cal. 98. Lawyers Involved: Syed..

Category: Business or Commercial Law | Date: | Hits: 76

State Vs. Lalu Miah and another, 1986, 15 CLC (AD)

....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ...... "In the months of September, October and November 1946 several machines were brought for trial from various par­ties in our office till the typewriter Art. A was purchased by National Alcohol Ltd. Company". 57. The question for consideration was if this statement of the accused was an ..

Category: Criminal Law | Date: | Hits: 124

Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)

....985 decided by a Bench of the High Court Division, Dhaka (Amin-ur-Rahman Khan and Md. Abdur Rouf JJ) on 28th August 1986. 2. Appellant who claims to be the owner of holding No. 67, Motijheel Commercial Area, Dhaka filed Writ Petition No. 288 of 1985 against the respondents challenging the ...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......86. Cases Referred to- AIR 1954 Call 208,34 DLR AD 25, AIR 1957 SC 354; AIR 1963 SC 780; Makhan Lal Chakraborty vs. S. K. Chatterjee, AIR 1954 Cal 208; British India  Corporation Ltd., vs. The Industrial Tribunal, Punjab AIR 1957 SC 354; Udit Harain Singh Malpaharia vs. Additio..

Category: Property Law | Date: | Hits: 31

Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)

....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......vs. Paramount Talkies AIR 1942 Bom. 241; The North Cheshire and Manchester Brewery Company Ltd. v. The Manchester Brewery Company Ltd. (1899) A.C 83; Hendriks vs. Montagu Ch. D (17), 638; National Bank of India vs. The National Bank of Indore, AIR 1923 Bom. 119; Simatul Chemical Industries Ltd. ............. Respondents Judgment August 13, 1986. Cases Referred to- K.M. Multani vs. Paramount Talkies AIR 1942 Bom. 241; The North Cheshire and Manchester Brewery Company Ltd. v. The Manchester Brewery Company Ltd. (1899) A.C 83; Hendriks vs. Montagu Ch. D (17), 638; N..

Category: Intellectual Property Law | Date: | Hits: 239

Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)

....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......ilpa Rin Sangstha & others…………Respondent Judgment July 14, 1986. Cases Referred To- Ocean Industries Ltd. Vs. Indus­trial Development Bank. (1966) 18 DLR (SC) 354; PLD 1966 SC 1938. Lawyers Involved: Syed Ishtiaq Ahmed...... Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Present: Dira Dockyard and Engineers Ltd. and others.... Appellants Vs. Bangladesh Shilpa Rin Sangstha & others&helli..

Category: Business or Commercial Law | Date: | Hits: 100

Narendra Nath Basu Roy and another Vs. Municipal Commit­tee, Mymensingh, 1986, 15 CLC (AD)

....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ...... Result: The appeal is dis­missed. Cases Referred to- 18 DLR 618 (622); Sk. Abdul Latif vs. Malek 38 DLR (AD) 22; Raishaeb Pandit vs. Bombay, Baroda Rly. 39 CWN 552P.C.; D.M.D. National Bank vs. Ataul Huq, DLR (SC) 74. Lawyers Involved: S R Pal, Senior Advocate, instructed by Sye......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ..

Category: Property Law | Date: | Hits: 34