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M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ..........Appellants. Vs. Abu Bakr Siddique and others............. Respondents Judgment April 4, 1979. The Arbitration Act, 1940 (Act 10 of 1940), section 34. Bill of Leading Charter party The question of fraud, collusion and conspiracy as alleged by Respondent No. 1 against the ..Category: Business or Commercial Law | Date: | Hits: 89
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ...... Court Division the appeal before the lower Appellate Court became pending and after arrival of the records, an opportunity for substitution of the heirs of the dead appellants was available to the party concerned. The learned District Judge was wrong in rejecting the prayer for substitution of th..Category: Property Law | Date: | Hits: 73
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......ll have the jurisdiction the moment a dispute is raised and it is to be brought before the Administrator within a reasonable time subject, of course, to the prescriptive right acquired by the adverse party, if it is applicable. The result, therefore, is that this appeal is allowed in part. The de..Category: Trust/Waqf Law | Date: | Hits: 196
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......ed persons named in the First information Report belonged to Jatya Ganataatrik Dal. In a public meeting held in Paltan Maiden on March 17, 1974, the respondent and some other leading members of the party delivered prejudicial speeches and after announcing the programme of gherao a procession o..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....Accordingly, we requested Mr. Pal to appear as amicus curiae to assist the court on the fist question, namely, when an interlocutory order has been unsuccessfully appealed from, whether any error, defect or irregularity in the order affecting the decision of the case, could be set forth as a gro......ny application being made by the plaintiff in that regard. A reference to Order 11, rule 2 1 indicates that it is in two parts. The first part provides for the liability incurred by the defaulting party which fails to comply with any order to answer the interrogatories, etc, and the other part p..Category: Others | Date: | Hits: 119
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......sposal of this appeal may be stated as follows: The appellant, who is the plaintiff, instituted the suit for declaration of his title simpliciter. Before institution of the suit as the first party he had filed an application before the Sub‑divisional Magistrate, Sadar Noakhali, who ..Category: Civil Law | Date: | Hits: 112
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....gh Court Division on consideration of the evidence on record did not think it proper to uphold the conviction of rest of the accused persons and ultimately gave benefit of doubt to them. Apart from defect of framing charge against three accused, benefit of doubt was given to the six accused pers......kshi Bahini was stationed at Narail and deceased Ekhlasuddin guided them. Rakshi Bahini had perpetrated atrocities upon the local people for which Ekhlasuddin had earned many enemies. The informant party and the accused persons are bitterly and inimically disposed towards each other. Golam Hossa..Category: Criminal Law | Date: | Hits: 60
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ...... event on the self‑same occurrence. The investigating officer ought to have ascertained the facts independently and submitted charge‑sheet if at all in one case only, leaving the other party, if aggrieved, to go to the Magistrate and file an objection. The prosecution ought to have e..Category: Criminal Law | Date: | Hits: 40
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ...... plaintiffs' prayer for injunction was refused in that suit both by the trial Court and in appeal, that the present suit was filed without making them defendants and their application for addition of party was rejected on 9.10.90, that the Government lawyer was not taking proper steps in the suit, t..Category: Procedural Law | Date: | Hits: 111
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......ellip;……………… (2) A person shall be disqualified for election or nomination as, or for being, a Chairman or a member if. (f) he is a party to a contract for work to be done for, or goods to be supplied to the Union Parishad concern..Category: Election Law | Date: | Hits: 106
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ...... appeal was dismissed for default and this court refused to interfere with the High Court Division's rejection of the application restoration. 11. The Latin expression 'ex parte', meaning from one party or side, has not been defined in Code of Civil Procedure. One of the basic principles of the a..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......ed the trawler by a customs launch and being suspicious about the goods carried in the trawler brought the same to a char adjacent to the Customs office and tied it up there. Subsequently, a search party of the Customs conducted a search and recovered 6982 cartons of foreign cigarettes, 3 car ai..Category: Criminal Law | Date: | Hits: 62
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ...... him. 15. The learned Counsel for both parties relied on Abdul Latif Mliza Vs. Bangladesh 31 DLR (AD) 1. In that case the main ground of detention was that die detenu belonged to a political party whose object was to overthrow the Government established by law. The detenu was in continuous..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....er dated 30.6.76. 2. The grounds on which the appellant resisted the present pre‑emption case were, inter alia, that the application was barred by res judicata and that it was bad for defect of parties. The trial Court found that the case was bad for defect of party as one Amalendu ......resent pre‑emption case were, inter alia, that the application was barred by res judicata and that it was bad for defect of parties. The trial Court found that the case was bad for defect of party as one Amalendu Dev, a co-sharer in the disputed plot (No. 1061) was not made a party thereto..Category: Property Law | Date: | Hits: 85
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ......ausing bleeding from her mouth. In the morning they let her go away and she immediately went to Mirpur Police Station and narrated the incident to the Police and soon thereafter she led the police party to the room where she was raped and on her showing, police arrested these three appellants an..Category: Criminal Law | Date: | Hits: 66
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......nd without any basis interfered in the matter. In the circumstances this Court observed: "There was no complaint whatever before the Presiding Officers as to any unfair practice adopted by any party, nor was any petition made to the Presiding Officers for recounting of ballot paper on the s..Category: Election Law | Date: | Hits: 117
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......n's Property Act, 1882 of England, the relevant part of which is as follows: "In any question between husband and wife as to the title to or possession of property, either party may apply by summons or otherwise in a summary way to any judge of the High Court of Justice..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ...... the case land was attached and a receiver was appointed the appellant while still in actual physical possession filed a suit for permanent injunction in respect of the case land against the first party to the proceeding and the question is, whether the plaint is liable to be rejected on the gro..Category: Property Law | Date: | Hits: 81
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....gatory asking for the particulars of parties not impleaded in the pre‑ emption application and that since by an order of the trial Court the petitioner was debarred from raising the issue of defect of parties in future' the appellate Court below wrongly allowed a remand to determine the ve...... able to produce any facts to show that the question of defect of parties was still open. The order of remand made by the lower appellate Court allowing the parties to adduce evidence on defect of party was passed overlooking the earlier order of the trial Court shutting this exercise. In that v..Category: Property Law | Date: | Hits: 56
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ...... of the said miscellaneous case which was dismissed by the learned Munsif on 29-8-59 holding that the proceeding is bad for defect of parties as Amena, sister of Somartaban Bibi was not made a party and that it was time barred as the appellant had knowledge of the transfer long before t..Category: Property Law | Date: | Hits: 50
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