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BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ...... Code, whether in the absence of any Rules of the Government for filing any formal application for extension of time beyond two years under section 8 of the Maritime Convention Act, 1911, the party is required to file any application for extension of time, whether on the face of the s..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......pared in the name of the said four sons of Anath Bandhu Guha overlooking the possession of the plaintiff on the basis of the settlement from the owners. The present appellant was made opposite party No. 7 in the aforesaid Miscellaneous cases, and he contested the cases by filing written obje..Category: Property Law | Date: | Hits: 28
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ......matter of custody should be disposed of by one judgment. Thus the petition for custody under section 491 of the Code of Criminal Procedure should be disposed of adding the applicant appellant as a party……(7 & 8) Lawyers Involved: A. K. M. Mozammel Haque Bhu..Category: Criminal Law | Date: | Hits: 58
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ....... In Jogendra Chandra Das vs. Debendra Nath Ghose, (1934-35) 39 CWN 428, it has been held that "between a landlord purchaser of a non-transferable occupancy holding at a rent sale and a third party purchaser, there is no distinction in respect of the duty to annul an existing encumbrance on..Category: Property Law | Date: | Hits: 35
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......ubmitted Final report on the ground that they did not find "any disinterested witnesses" to connect the accused with the incident resulting in the death of a person belonging to the complainant's party. It is not the case that there was no witness at all to implicate the accused, but it is a cas..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ircumstances Mr. T. H. Khan argued that the reassessment of evidence by the High Court Division was not in accordance with law and well-settled principles and the judgment of reversal suffers from defect which warrants close examination by this Court. 8. Mr. T. H. Khan appearing for the......tnesses, it is not understood as to why comment was necessary by the learned Judges for not having examined the husband of defendant No. 1. The plaintiff brought the suit and defendant No. 1 was a party to the suit. The husband of defendant No. 1 could come and challenge if need be as to th..Category: Property Law | Date: | Hits: 30
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ...... has been running a hotel in the said house. It was further stated that the appellant being a pardanashin woman found it difficult to run the hotel personally and so she allowed the respondent, 2nd party, to look after the running of the hotel with instructions to render accounts to the appellant..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......lness and the death of the said Asiruddin and the respondent Mir Mohammad Akand got the said deed registered in his favour. It was also defence case that the kabala Exts. 2 to 2(b) of the complainant party are without consideration and are forged. 5. Prosecution examined 19 witnesses. Defence di..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ......her, MR in this connection observed: "We must act on the settled rule of practice, which is that amendments are, not admissible when they prejudice the rights of the opposite party as existing at the date of such amendment. If an amendment were allowed setting up a cause o..Category: Civil Law | Date: | Hits: 87
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......d when the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution could amount to harassment to an innocent party and abuse of the process of the court.” It was further held that “the cases may a..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......ceeding in execution of a decree or order. Similarly, he has further contended, the learned Single Judge fell into an error of law in holding that a final decree becomes void on the death of either party thereto. The learned Advocate has, in support of his contention, referred to a great nu..Category: Others | Date: | Hits: 97
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......Miah Sowdagar is dead and is now substituted by his heirs and successors. It has been held in the said case that the right of occupation being personal, the tenancy ceases with the death of either party or so, he submits, on the death of the landlord, the tenancy has ceased and the substituted h..Category: Property Law | Date: | Hits: 26
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......dity of the award. It is absurd to say that by making the award a Rule of the Court, the Court has refused to set aside the award. The act of refusal must be in pursuance of a positive move by the party affected either under section 17 or under section 33. An ex parte order, as in the present ca..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ...... held that the appellate Court ought to have presumed that the mutation proceeding was duly done as an official act, without considering that the proceeding was initiated at the instance of a private party and if it was concluded without serving notice on necessary parties it would not have any lega..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......nce from facts which were not proved. In fact no reasonable man can come to the conclusion reached by the learned Small Cause Courts Judge inasmuch as the evidence led by the plaintiff opposite party is totally insufficient to prove sub‑letting of the suit premises by the defendantR..Category: Property Law | Date: | Hits: 30
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......th the concession and acceptance are not binding on the plaintiffs. 15. It is true that a statement in a judgment or order as to what had taken place in Court is conclusive and an aggrieved party should apply to the same Judge for review. It has been held in the case of Sarat vs. Bibhaba..Category: Property Law | Date: | Hits: 28
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....llants submits that the case be remanded to the trial Court for giving an opportunity to them to withdraw the suit for filing a properly Constituted Suit. As the plaint does not disclose any formal defect, rule 1 of Order XXIII is not at all attracted in this case. Besides, there had earlier bee......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 25
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ...... under Article 164 of the Limitation Act, 1908. In support of their contention the appellant relied on Main Kamal Din Vs. Malik Muhammad Bashir, PLD 1952 Lahore 456 wherein it was held that once a party receives intimation of an action it is for him to pursue it and to keep himself in touch with..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....ally apply if it were a revision only. 10. The nature of the Rule issued by the High Court Division may again be noticed. The final order dated 25.6.88 has been assailed, not because of any defect or error of procedure committed by the Magistrate in conducting the proceeding or because o......al Revision No. 265 of 1988). Judgment: Mustafa Kamal J.-his appeal by leave is by the first party Samirun Nessa arising out of a proceeding under section 145 of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 54
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......ment of this Order, continue in accordance with the Law." 4. The appellant's contention is that the compromise decrees were not ex parte decrees as defendant No. 1 was very much a party to the same. It is further contended that defendant Nos. 2 and 3 did not deny that they sold ..Category: Property Law | Date: | Hits: 31
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