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The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
....d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......43.32 paisa. The suits are pending. The plaintiff-petitioner filed an application for mandatory injunction for return of the pass book deposited with the defendant bank. The trial Court allowed the application for mandatory injunction in modified form and directed the Bank to return the pass book ..Category: Banking Law | Date: | Hits: 99
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......e suit property never lost its character of an undivided homestead because there had admittedly been no partition by metes and bounds by any previous arrangement. There is no time limit for filing an application under section 4 of the Partition Act. The defendant's claim of continuous possession sin..Category: Property Law | Date: | Hits: 45
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......for adjournment with a medical certificate on the ground of illness. The prayer for adjournment was, however, not granted and the suit was decreed ex-parte on that date. Thereafter on the appellant's application under Order 9, rule 13 of the Code of Civil Procedure, Miscellaneous Case No. 28 of 1983..Category: Property Law | Date: | Hits: 38
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......r own case is that since May, 1972 they have taken defendant No. 3 as partner in their commercial venture. If the foundation for taking advantage of the deeming is not lied then section 18 (3) has no application. No interest was transferred. The defendants No. 1 and 2 have not gone away from the pre..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......o refer to the last illustration to section 378 which defines 'theft' and the first illustration to section 403 (dishonest misappropriation) of the Code as it will facilitate the understanding of the application of the relevant section to the facts of the case. Section 378............illustrati..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......r a declaration that the cancellation of settlement was illegal, etc. and also for permanent injunction against defendant-respondents. He also prayed for an order of temporary injunction by filing an application on the same date. 3. The respondents opposed the prayer for temporary injunction by..Category: Property Law | Date: | Hits: 29
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......pers for election to the Office of Chairman of the aforesaid Union Parishad held on 10. 2. 88. Respondent No. 1 was the sitting Chairman at that time. On the date of scrutiny on 11.1.88 he filed an application for cancellation of the nomination paper of the appellant on the ground that he was disq..Category: Election Law | Date: | Hits: 130
Mostoshir Ali Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....e petition is dismissed. The Constitution of the People's Republic of Bangladesh, 1972, Article 103 Leave petition filed by the state being dismissed upon hearing, there is no scope of hearing fresh leave petition at the instance of the informant. Lawyers Involved: M. A. Matin, Advocat......r the petitioner was unaware of the leave petition filed by the Government and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ..Category: Criminal Law | Date: | Hits: 41
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......87. Judgment ATM Afzal J.-This appeal by special leave by the four (4) accused-appellants is from order dated 17 June, 1987 passed by the High Court Division, Dhaka rejecting summarily their application for bail under section 498 of the Code of Criminal Procedure. 2. The appellants alo..Category: Criminal Law | Date: | Hits: 63
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......7 of 1984—and a learned Single Judge of the High Court Division, by the impugned Order dated 24 March 1986, reversed the order of the Appellate Court and restored that of the trial Court. 3. The application for pre-emption was opposed, among other things, on the ground that Nurul Islam, fathe..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
.... of the Magistrate the appellant moved the Sessions Judge, who set aside the order of the Magistrate and sent the case back for further enquiry before passing any final order upon the application a fresh application made on 28-2-74 by the Court Sub-Inspector of Police, the Magistrate granted parti......sheet in this case was submitted after investigation on 8-2-73 against the accused Respondents and others under section 302/34 of the Penal Code. On 29-8-73 the Court Sub-Inspector of Police filed an application before the Magistrate praying for withdrawal of the prosecution against the 4 accused ..Category: Criminal Law | Date: | Hits: 43
....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......bing or affecting his right to ancient light and air. During the progress of the suit it appears that the defendants raised some more structures and then the plaintiff on 19th February, 1974 filed an application under Order 6, rule 17 of the Code praying for amendment of the plaint by adding a new..
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127....... No. 23 of 1977 (From Petition No. 254 of 1973) Judgment Mahmud Husain CJ.- This appeal by special leave is against the judgment and order of a Bench of the High Court Division passed in an application filed by the respondent under Article 102(2) of the Constitution of the Peoples Republic..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......t for recovery of Tk. 1,91,47,500/00 paisa from the defendant-appellants for damage to 5109 metric tons of wheat-carried by them in the ship S.S. Mersk Commander. After the institution of the suit an application under Order 38, rule 5 of the Code was filed by the Respondent for attachment of the lig..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123....... (From Civil Revision No. 127 of 1969) Judgment Mahmud Husain CJ.- This appeal by special leave is against the judgment of a Bench of the High Court in a miscellaneous case arising out of an application under section 96 of the State Acquisition and Tenancy Act, 1951, seeking pre-emption of ..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......Acquisition and Tenancy Act earlier to the registration of the sale deed under pre-emption is competent. The trial Court held that subsequent registration of the Kabala during the pendency of the application cured the prematurely which was reverted by the First Appellate Court and the High Cou..Category: Property Law | Date: | Hits: 34
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......143 of 1976 (From Petition No. 460 of 1976) Judgment Debesh Chandra Bhattacharya J.- This petition for special leave is against an order of a Bench of the High Court dismissing summarily an application of the petitioner under Article 102 of the Constitution, by which the validity of the or..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......ge of the High Court has upon a detailed discussion on the contract has held it to be a contract for exchange, which means the contract for sale and no leave having been granted on this question, the application of section 75A or for that matter whether the contract was an executory one so as to app..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......ent dated 5th April, 1976 of the High Court Davison in First Miscellaneous Appeal No.96 of 1974. Facts in short relevant for disposal of the appeal are like this. Respondent nos. 1 and 2 filed an application under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950 hereinafter ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......ship submitted detailed manifest, both of the goods to be unloaded at Chittagong and to be retained on the ship on April 30, 1977 that Is, within 24 hours of the arrival of the ship at Chittagong. An application was filed by the local Agent for port clearance stating clearly therein that ''next port..Category: Criminal Law | Date: | Hits: 95
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