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Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)

....ain­able against her and the appeal must fail. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......Amin J Md. Fazlul Haque J Monzur Rahman Khan........Appellants Vs. Mst. Tahera Parvin and others............Respondents Judgment February 1, 2003. Lawyers Involved: Md. Ozair Farook, Senior Advocate, Instructed by Md. Aftab Hossain, Advo..

Category: Property Law | Date: | Hits: 33

Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)

....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......mat Khursheda Jahan alias Mst. Monju Khorsheda.............Appellant Vs. Jahan Syada Shafinaz and others...................Respondents Judgment March 24, 2002. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nowab Ali, Advocate-o..

Category: Property Law | Date: | Hits: 35

Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)

....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......s. Amin Hossin Mondal and others.....................Respondents Judgment January 17, 2005. Case Referred to: Safaruddin Vs. Fazlul Huq 49 DLR (AD) 151. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Appellant. Md. Abu Sid..

Category: Property Law | Date: | Hits: 37

Md. Akkas Ali Biswas and oth­ers Vs. Ashit Kumar Mojumder and oth­ers, 2005, 34 CLC (AD)

....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......dhury J Md. Akkas Ali Biswas and oth­ers............ Appellants Vs. Ashit Kumar Mojumder and oth­ers.........Respondents Judgment February 9, 2005. Lawyers Involved: Mahbubey Alam, Senior Advocate, instruct­ed by Chowdhury Md. Zahnagir,..

Category: Procedural Law | Date: | Hits: 75

Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)

....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......ft out. In such circumstances, the suit for declara­tion of nullity of the decree of the partition suit to which they were not parties is quite maintainable ………..(7) Lawyers Involved: B.N. Chowdhury, Advocate instructed by Kazi Ebadul Hague, Advocate-on-Reco..

Category: Property Law | Date: | Hits: 40

Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)

....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......to him to adduce evidence to show that it is not in fact an "admission' but is the result of bonafide mistake of fact…………………….(5) Lawyer Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with h..

Category: Property Law | Date: | Hits: 35

Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)

....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......pon the High Court Division in Se­cond Appeal unless it could be shown the said findings had been vitiated by an error of law or of procedure which had affected the merit of the case………(22) Lawyers Involved: S.R. Pal, Senior Advocate (M.H. Khandker, Senior Advocate with him) instructed ..

Category: Property Law | Date: | Hits: 40

Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)

.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......uo;s decisions in grounds which cannot be considered in a case under section 141A of the State Acquisition and Tenancy Act……………………(15) Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by M.G. Bhuiyan, Advocate-on-Rec..

Category: Property Law | Date: | Hits: 28

Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)

....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......ted as tenants by the landlords evidenced by any document executed by him or executed in his behalf, or if he has been held as a tenant by a Civil Court…………..(12) Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate instructed by Md, Aftab Hossai..

Category: Property Law | Date: | Hits: 55

Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)

....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ...... is whether the document has been executed…..(9) Cases Referred to: Rashiuddin Vs Naresh (1956) 8 DLR 648 rel. AIR 1932 Cal 588; AIR 1921 Lah.136; 14 CWN 12; 17 DLR 476. Lawyers Involved: M. Gulam Rabbani, Advocate, instructed by Md. Sajjadul Haq, Advocate-on Re..

Category: Property Law | Date: | Hits: 25

Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)

....e set aside and that of the Dis­trict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184....... Vs. Choto Khuku and others, 53 CWN, 159; Sati Prashad Ganga Vs. Gahindra Chandra Shaha, AIR 1929, Cal. 325; Drupadi Vs Hiralal, ILR All. XXXIV (1912) 196; Sati Prashad Ganga, AIR 1919, Cal. 325. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-R..

Category: Procedural Law | Date: | Hits: 112

Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)

....rder of the High Court Division is set aside and those of the appellate court below restored. Ed.      This Case is also Reported in: 37 DLR (AD) (1985) 177. ......120; Venkatrawari Vs. Venkata Suffayya 55 Mad. 507; 1919 All. 450 (19), 1924 All; 897(20); obser­vations in 1921 P.C.8 (16);Akamat Ali vs. Abdul Hai (1956) 8 DLR 679=PLD 1957 Dhaka 165. Lawyers Involved: Shafiqur Rahman, Senior Advocate, instructed by M.G. Bhuiyan, Advocate-on-..

Category: Property Law | Date: | Hits: 36

Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)

....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......he order of the trial court rejecting the application under Order IX, rule 13 C.P.C …………………..(5) Case Referred to- Benode Bepari Saha vs. Nitya Gopal Shaha, 33 DLR (AD) 131. Lawyers Involved- K.Z. Alam, advocate instructed by Md. Aftab Hossain, Advocate-on-Record–For ..

Category: Tenancy Law | Date: | Hits: 159

State Vs. Md. Haroon, 1984, 13 CLC (AD)

....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......s. Crown, 5 DLR (PC) 1953 page 64; State Vs. Ashit Mallick; Abdul Majid Vs. Superintendent and Remembrance of Legal Affairs, Government of East Pakistan, (1964) 16 DLR (SC) 127; PLD 1964 S.C. 422. Lawyers Involved: M. Moazzem Hossain, Deputy Attorney General, instructed by B. Hossain Advocate-..

Category: Criminal Law | Date: | Hits: 64

Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)

....l-founded both in law and fact leaving no scope for interference. The appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......ublication of the notice. The original Raiyat did not file any such suit on return from India and thus finding of abandonment is confirmed………………..(6) Lawyers Involved: T. H. Khan, Senior Advocate (Md. Abdul Wahhab Miah, Advocate with him), in..

Category: Property Law | Date: | Hits: 32

Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)

.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......ossession had already been taken after completion of the joint inventory, no contempt had been committed. Cases Referred to- Mask 44 C.W.N. 700; 17 DLR (SC) 515; 34 DLR (AD) 222 at page 235. Lawyers Involved: M. H. Khondoker, Senior Advocate, instructed by Sharifuddin Chaklader, Advocat..

Category: Property Law | Date: | Hits: 55

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)

.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judg­ment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... Khan Vs. Con­troller of Estate Duty (1961) 13 DLR (SC) 105; Northern India Caterers Vs. Lt. Go­vernor, Delhi AIR 1980 (SC) 674; De Lasala Vs. De Lasala (1979) 2 All England Reports 1146 (1115). Lawyers Involved: Syed Ishtiaq Ahmed and Rafiqul Hoque, Senior Advocates, Mahmudul Islam, Advocat..

Category: Constitutional Law | Date: | Hits: 149

Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)

....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......=12 DLR-SC-156; Gul Hassan and another Vs. The State, PLD 1969 SC 89;  Md. Bashir V The State, Supreme Court Monthly Report (1970) Vol 111, 351; Md. Rafiq V. The State, PLD (1974) SC 65 Lawyers Involved: Abdul Malek, Senior Advocate instructed by Syed Sakhawat Ali, Advo­cat..

Category: Criminal Law | Date: | Hits: 63

Kalipada Saha Vs. State, 1985, 14 CLC (AD)

....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 135. ......f an act under both the General law as well as under the Special law constitutes an offence, in such a case it would be more appropriate to prosecute the offender and convict him under the Special Law, if the offence falls strictly within the provisions of the Special Act and does not go beyond&..

Category: Criminal Law | Date: | Hits: 59

Planters (Bangla­desh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)

....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 129. ......e of his own fault. The Defendant no. 2 himself being Managing Director of the Defendant Company and at the same time Director of the Plaintiff Bank and the statement by him before Court of Law about liability of the company towards the Plaintiff Bank and admission of such liability burde..

Category: Business or Commercial Law | Date: | Hits: 139