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Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....charging the rule obtained against Order No. 15 dated 09.07.1998 passed in Title Suit No. 152 of 1997 of the Court of Senior Assistant Judge, Rajbari, rejecting the application filed under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos.......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
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)
....upreme Court of Bangladesh has the power to review its own judgement acting on its own. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XLVII, rule 1 and rule 26 of the Supreme Court Rules are applicable in case of a review by the Appellate Division of the Supreme Court. Rule 26 pre...... 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)
....iminal Miscellaneous Case No. 4 (Transfer) of 1984. Judgment Badrul Haider Chowdhury J. — This is a transfer petition under section 525A of the Code of Criminal Procedure. Rule was issued upon the respondent to show cause as to why the Kushtia Police Station Case No.19 (......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
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
.... Court of Subordinate Judge, Dhaka challenging that respondent No.1 who participated in the tender for supply and carrying of fuel oil, lubricant etc. had no licence as required under the Petroleum Rules, 1934. The suit was for permanent injunction restraining defendant Nos.1 and 2 from accepting......rial Court……………..(16 & 17) Cases Referred To- 32 DLR 223 AD; M/s. Hossain Ahmed vs. M/s. H.D. Hossain and Brothers. (1980) 32 DLR 223 AD. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate, instructed by Syed Sakhawat Ali, Advoc..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ...... in the circumstances of the case, it was too late to order a re-trial of the accused. In the result, the order of conviction and sentence under section 304 of the Penal Code was set aside. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocat..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....o legal effect and directing the respondent petitioner to release the said holding from the list of abandoned buildings within 60 days from the date of receipt of the copy of the judgment. 2. The Rule was obtained in the aforesaid writ petition impugning the judgment and order of December 24, 19......1998) 42; C. Q. M. H Md. Ayub Ali vs. Bangladesh and others 47 DLR (AD) 71; Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh 31 DLR (AD) 266; ICI (Bangladesh) Ltd. Vs. M/S G. K. Brothers 36 DLR 114. Lawyers Involved: AJ Mohammad Ali, Additional-Attorney-General (Firoz Shaha, Assistant-Attorney-..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....h of the High Court Division in Writ Petition No. 1001 of 1994. 2. The appellants i.e. Writ-Respondent Nos. 3-5, have also filed separate appeals. 3. The High Court Division made the Rule absolute in the following terms "The respondent Nos. 3-5 are required to attend the Parli......urt cannot compel the respondents to attend sessions of Parliament and perform their constitutional duties………………………..(68 and 69) Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Appellants. (In Civil ..Category: Constitutional Law | Date: | Hits: 147
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