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Hazi Waziullah Vs. Additional Deputy Com­missioner, Revenue, Noakhali, 1989, 18 CLC (AD)

....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......v. Palakdhari Singh (1889) All. 1, F.B., Abdullah and others V. Abdul Karim and others, 20 DLR SC 205, Nani Bai V. Gita Bai, AIR 1958 SC 70. Lawyers Involved: S.R. Pal and M.H. Khondkar, Senior Advocates instructed by Miah Abdul Gafur, Advocate-on-Record— For the-appellants (In both the appe......s restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..

Category: Procedural Law | Date: | Hits: 146

Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)

....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......ice by hanging is appropriate. Cases Referred to- Zahar Begum Vs. Razaul Quadir (1973) 25 DLR 91; Keshab Chandra Vs. Baliganj Estate 76 CWN 281. Lawyers Involved: Rafiq ul-Huq, Senior Advocate,(Md. Zaker Hossain, Advocate with him) instructed by Abu Backkar, Advo­cate-on-Record-For ...... This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59...

Category: Procedural Law | Date: | Hits: 93

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. ...... Kaura Mal Vs. Firm Mathra Dass AIR 1959 (Punj) 646; Mohammad Yousuf Vs. Member, Board of Revenue, West Pakistan, Lahore & 6 others 1970 SCMR 70. Lawyers Involved: SR Pal, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record–For the Appellant. S......l Din Vs. Malik Muhammad Bashir PLD 1952 Lahore 456; Ahsan Ali & others Vs. District Judge and Settlement Commissioner, Sukkur and others 21 DLR (SC) 139 = PLD 1969 SC 167; Chowdhury Saifuddin Ahmed Vs. Shamsuddin & others 40 DLR (1989) 10; Mt. Kulsoomun Nissa and another Vs. Noor Moham......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. ..

Category: Procedural Law | Date: | Hits: 104

Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)

....In view of the discussion above, the appeal is found to be without substance and accordingly dis­missed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......d to raise an issue before the appellate division for the first time. The appeal is without substance mad hence dismissed. Case referred to- 52 C.W.N. 64. Lawyers Involved: Mohammad Ayub, Advocate-on-Record. - For the Appellants. Not represented- the Respondents. C.A. 129 of 1983 ...... to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......In view of the discussion above, the appeal is found to be without substance and accordingly dis­missed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ..

Category: Procedural Law | Date: | Hits: 92

Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)

....trial Court are set aside and the application under Or­der IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ...... Motaleb Hossain and others, 36 DLR (AD) 248=1985 BLD (AD) 59 and Khurshed Anwar v. Jamil Akhter, 1982 BLD (AD) 83. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Ad­vocate, (Aminul Haq, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. A.J. M......Santosh Kumar Chakraborty and others v. Motaleb Hossain and others, 36 DLR (AD) 248=1985 BLD (AD) 59 and Khurshed Anwar v. Jamil Akhter, 1982 BLD (AD) 83. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Ad­vocate, (Aminul Haq, Advocate with him) instructed by Md. Aftab Hossain, Advocate-......trial Court are set aside and the application under Or­der IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..

Category: Procedural Law | Date: | Hits: 89

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. ......AIR 1928 (Cab 705; Mohd. Cherag vs. Dullay Khan PLD 1954 (Dhaka) 134; Ihtesham Ali vs. Jamna Prasad and others 48 I.A 365= AIR 1928 (P.C) 56; 32 DLR (AD) 29. Lawyers Involved: B. N. Chowdhury, Advocate, instructed by Shamsul Hoque Siddique, Advocate-on-Record— For the Appellant. Salehuz......to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......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

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: ......essrs. Kohinoor Mercantile Corporation vs. Hazera Khatun and another (14 DLR 47); 14 DLR 47= PLD 1963 Dhaka 238; AIR 1955 All, 353; (1941) 2 K.B. 89. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Syed Sakhawat Ali, Advo­cate-on-Record-For the Appellant. Miah Abdul Ga......es which may be determined under the schedule. 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

Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)

....ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ...... March 9, 1987 Case Referred to- Muhammad Swaleh V. Messrs United Grain & Fodder Agencies PLD 1964 (SC) 97—16 DLR (SC) 155. Lawyers Involved: B. Hossain, Advocate on Record—For the Appellant. Ex-parte—For the Respondent. Civi......Division for hearing in accordance with law. No costs Ed. ......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ..

Category: Procedural Law | Date: | Hits: 102

Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)

....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......tindra Mohan Tagore vs. Bijou Chand Mahatap AIR 32 Cal. 483; Raghubir Sahu vs. Ajodhya Sahu A.I.R 1945 Pat. 482; Ram Rattan vs. Parma Nand 50 C.W.N. 367. Lawyers Involved: A.W. Mian, Advocate-on-Record.—For the Appellants. Shafiqur Rahman, Senior Advocate instructed by......te Division (Civil) Present: Kemaluddin Hossain CJ     Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Amanullah Bhuiyan and others…………….Appellants ......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..

Category: Procedural Law | Date: | Hits: 106

Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)

....ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......ll. 111, 50 All. 254, Gedi Mai vs. Huna Mal, 1931 Lahore 332, Misa Pramanik vs. Khatu Sonar, 54 CWN (2 DR) 67, Abdul Sheikh vs. Mohammad Ayub, 24 CWN 380 Lawyers Involved: Anil Chandra Sarkar, Advocate instructed by B.C. Panday, Advocate-on-Record-For the Appellant. Ex-parte — the Respo......ported in: 33 DLR (AD) 131. ......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ..

Category: Procedural Law | Date: | Hits: 147

Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)

....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......17 Mad. 185; Venkatraraju, A.I.R. 1943 Mad. 248; Kurgodlgouda A.I.R. 1917 Bom 210; Hamidal, A.I.R. 1921 Bom 67; bhaunath, A.I.R. 1934 Pat. 246(2). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Instruc­ted by Abu Backkar, Advocate-on-Record. — For the Appellants. Rafiqur Rahma......Case is also Reported in: ......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 111

ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)

....nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......g, Government of Bangladesh, Bangladesh Secretariat Building, Dhaka and another...................Respondent Judgment December 17, 1990 Lawyers Involved: TH Khan, Senior Advocate, Supreme Court, (Mohammad Hannan, Advocate, Supreme Court with him), instructed by M Nowab......is vacated. Ed. ......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..

Category: Procedural Law | Date: | Hits: 128

Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)

....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......in the lacuna in any party’s pleading ……………..(18) Case Referred to- Dr. Razia Khatun Vs. Bhanu Guha and others 1986 BLD (AD) 135. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Altab, Hossain, Advocate-on-Record—For the Appellants. Mahbubey Al......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ..

Category: Procedural Law | Date: | Hits: 114

Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)

.... wronged.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 35.  ......a decree obtained by fraud or such other relief gained out of fraud.  Lawyers Involved:   Abdul Quayuam, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on-Record-For the petitioner   Not represented—The Respondents...... wronged.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 35.  ...... wronged.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 35.  ..

Category: Procedural Law | Date: | Hits: 97

Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)

.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......ry matter and the High Court Division exercised the discretion in favour of the Government respondent so the Appellate Division has nothing to interfere. Lawyers Involved: Md. Zahedul Bari, Advocate (appeared with the leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record—Fo...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ..

Category: Procedural Law | Date: | Hits: 121

Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)

....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......707: Swamirao vs. Valentine, AIR 1920 Bom. 12; Balaram Reddi vs. Govinda Reddi A.I.R 1947 Mad. 54; Allahabad Theatres vs. Ram Sajiwan. A.I.R. 1949 All 730. Lawyers Involved: Abdus Salam, Senior Advocate, Mohfuzur Rahman, Advocate, instructed by B.C. Panday, Advocate-on-Record—For the Appella...... also Reported in: 32 DLR (AD) (1980) 212. ......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ..

Category: Procedural Law | Date: | Hits: 96

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. ......986) 308; Nur Mohammad Vs. Ashraf Ali 39 DLR 325 and Parimal Majumdar Vs. A Sobhan, same volume 352; AIR 1953(SC) 73 (M/S I & M Ltd. Vs. Pheroze Fram roze). Lawyers Involved: N H Khandkar, Advocate-on-Record- For the Appellants. Akram Hossain Amin, Advocate-on -Record- For the Responde......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. ......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. ..

Category: Procedural Law | Date: | Hits: 111

Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)

....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......adesh 42 DLR (AD) 100. Lawyers Involved: AW Bhuiyan, Additional Attorney‑General, (Sharifuddin Chaklader, Assistant Attorney‑ General, with him), instructed by AW Mallick, Advocate‑on‑Record ‑ For the Appellant. Abdur Rashid Gazi, Advocate, Supr......eal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..

Category: Procedural Law | Date: | Hits: 104

Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)

....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..........Appellants Vs. Rajdhani Unnayan Kartripakha and others ...........................Respondents Judgment March 31st, 1994. Lawyers Involved: Awlad Ali, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Syed Ishti......ter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..

Category: Procedural Law | Date: | Hits: 102

Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)

....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ...... Rahmania Trading Co. Vs. Eagle Star Insurance Co. Ltd. PLD 1960 (SC) (Pak) 202 & Bhola Nath Vs. Empire of India Life Assr. Co. AIR 1948 Lah. 56. Lawyers Involved: Asrarul Hussain, Senior Advocate Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate­-on-Record -For the Petitioner.......n has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ..

Category: Procedural Law | Date: | Hits: 91