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Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....ants. B. N. Chowdhury, Advocate, instructed by S. R. Karmaker, Advocate-on-Record—For the Respondent No. 5. Civil Appeal No. 42 of 1983. (Form the judgment and order dated 20.10.82 passed by the High Court Division in Civil Revision No. 1021 of 1980.) Judgm...... case. Passing of such order in such manner is not an illegality. Passing of such an order without hearing the appellant, if the order is otherwise legal and valid, is justified. Affirming of such decision in exercise of discretion under section 115 C.P.C. is confirmed………&he..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....Judgment June 13, 1983. No action to enforce any claim or lien against a vessel or her owners in respect of any damage or loss caused to another vessel shall lie two years after the date of arising of the cause of action…………(18) Cases Referr...... is no reason to differ with its findings that ''the applicability of the Maritime Convention Act, 1911 in the Admiralty jurisdiction of the Court cannot be questioned in view of this Court's decision in M.L. Madina vs. M.L. Jalamoni, 30 DLR 149. The Court also did not object against its di..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....y Kazi Ebadul Huq, Advocate-on-Record—for the Respondent. Ex parte—For the Respondent Nos. 2-7. Civil Appeal Nos. 128-132 of 1982. (From the Judgment and Order dated 7.7.82 passed by the High Court Division in Civil Revision Case Nos. 951 to 955 of 1972). ......ion challenging the aforesaid judgment and order of the learned Subordinate Judge and obtained Rules. A Single Judge of the High Court Division by the impugned judgment and order reversed the decisions of the lower Appellate Court and restored those of the trial Court, holding, inter alia, ..Category: Property Law | Date: | Hits: 28
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
.... Sobhan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent Nos. 1 (a) to 1(e). Civil Appeal No. 55 of 1983. (From the judgment and Decree dated 26.4.82 passed by the High Court Division in second Appeal No. 532 of 1970.) Judgment......on was maintainable. 7. In order to enable us to decide the question as to the application of section 26G of the Bengal Tenancy Act, the learned Counsel for the appellant cited a few decisions. Section 26G reads as follows: "26G. (1) An occupancy-raiyati may ..Category: Property Law | Date: | Hits: 35
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....ce in writing has to be given to the corporation before filing of the suit. The act complained of is an order of dismissal and the act is done under the Ordinance. Six months must expire from the date of the order enabling the plaintiff to file a suit challenging such order. As such period did ......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....habuddin Ahmed, Advocate-on-Record—For the Respondent. (State). A. Baset Majumder, Advocate-on-Record—For the Complainant. Criminal Appeal No. 20 of 1983. (From the Judgment and order dated 24-11-1982 passed by the High Court Division, Dhaka in Criminal Revision No. 323 of 1982.) ......nal ground the entertainment of the fresh complaint is a mere abuse of the process of the Court, the learned Advocate further contends, and in support of this contention he has placed reliance upon a decision of the Indian Supreme Court in the case of Pramatha Nath v Saroj Ranjan, AIR 1962 SC, 876. ..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... Moksudor Rahman, Deputy Attorney General instructed by A. W. Mallik, Advocate-on-Record —For the Respondents. Civil Appeal No. 11 of 1983. (From the Judgment and order dated 31st August, 1982 passed by the High Court Division in First appeal No. 157 of 1976.) ...... the suit “in a half hearted manner.” In reversing the judgment, the reasoning given by the High Court Divisions is not in accordance with the well established principle for reversing a decision of the Trial Court. The Appeal is allowed…………(14) ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....ord—For the Respondents 1. Md. Aftab Hossain, Advocate-on-Record—For Respondent Nos. 2 & 3. Civil Appeal No. 72 of 1983. (From the judgment and decree dated 2.6.82 passed by the High Court Division in S.A. No. 894 of 1968.) Judgment &......his finding the appeal was allowed and the suit was dismissed. But the learned Single judge of the High Court Division in second appeal (S. A. No. 894 of 1968) reversed the lower Appellate Court's decision and restored that of the trial Court, thus, finally decreeing the suit for ejectment. ..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....d Sobhan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Criminal appeal No. 45 of 1983. (From the Judgment and order dated 6-6-1983 passed by the High Court Division, Comilla Bench, in Criminal Revision No. 56 of 198......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ..Category: Criminal Law | Date: | Hits: 75
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
.... Ahmed, Advocate-on-Record— For the Appellant. Santiranjan Karmaker, Advocate-on-Record-For the Respondents. Civil Appeal No. 25 of 1983. (From the judgment and order dated 29 April 1982 passed by the High Court Division in Civil Revision No. 1813 of 1981). ......e shall not afterwards sue" appearing in sub-rule (2) of Rule 2 which, he contends, means that a subsequent suit is barred. In support of this argument he has placed reliance upon a decision of the Calcutta High Court in the case of Upendra Narain Roy Vs. Janaki Nath Roy, 45 ILR 3..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
.... A.W. Bhuiyan, Additional Attorney-General, instructed by A.W. Mallik, Advocate-on-Record—For the respondents. Civil Appeal No. 83 of 1982. (From the Judgment and Order dated March 12, 1981 passed by the High Court Division in First Appeal No. 128 of 1973.) Ju......tment at any lime if necessary for "administrative convenience". No show cause notice was, therefore, necessary. 8. The appellant preferred the aforesaid first appeal against the decision of the trial court, but with no effect. Being aggrieved, the appellant moved this Court an..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....ossain, Assistant Attorney General instructed by A. W. Mallik, Advocate-on-Record —For Respondent No. 2. Criminal Appeal No. 20 of 1982. (From the judgment and order dated 22.5.1982 passed by the High Court Division in Criminal Revision No. 54 of 1982). Jud...... Result: The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled to a decision and adjudication of the dispute and such adjudication is to be performed in accordance with..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
.... M. A. Rouf, Advocate, Instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No. 144 of 1982. (From the judgment and order dated 25th May, 1982 passed by the High Court Division in Civil Revision No. 385 of 1980) ......ll into an error of law in holding that a final decree becomes void on the death of either party thereto. The learned Advocate has, in support of his contention, referred to a great number of decisions which will be discussed presently. 4. Md. Abdur Rouf, learned Advocate for ..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....of the Limitation Act and thereafter successively within 3 years, if the decree is not satisfied putting an end to the validity of the decree for execution with expiration of twelve years form the date of the decree under section 48 C.P.C.…………….(4) ......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....1 & 2 (In Civil Appeal No. 123 of 1982). Ex-parte - Respondent Nos. 3 to 11 (In Civil Appeal No.123 of 1982). Civil Appeals Nos. 103 and 123 of 1982. (From the judgment and orders dated 2.4.82. and 2.7.82 passed by the High Court Division in Civil Revision Case Nos. 1147 of 1980 ...... Court Division is not correct and argues that the question of benami nature of a transaction falls within the scope of an enquiry under section 96. In support of this contention he has relied upon a decision of the Calcutta High Court reported in Balai Chand Mondal Vs Nivaran Chandra Das, 51, CWN, ..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....ate-on-Record-For the Appellant. B Hossain, Advocate-on-Record - For the Respondent. Criminal Appeal No. 8 of 1991 with Jail Petition No. 1 of 1991. (From the Judgment and order dated 22.8.1990 passed by the High Court Division, Rangpur Session, in Death Reference No. 5. of 19......ed her. In the case of Abed Ali (Condemned prisoner) Vs. The State, reported in 42 DLR (AD) 171, we have considered as to what constitutes extenuating circumstances and we have further held in that decision that in the facts of each particular case the extenuating circumstances are to be judicia..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....on-Record-For the Appellants. Asrarul Hossain, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Appeal No. 86 of 1989. (From the Judgment and order dated 1.4.1987 passed by the High Court Division, Jessore Session in Civil Revision No. 246 of 1986)...... April, 1987 passed by a Single Judge of the High Court Division (Jessore Session) in Civil Revision No. 246 of 1986 making the Rule absolute and dismissing the suit upon setting aside the concurrent decision of the Courts below. 2. Plaintiffs instituted the aforesaid suit in the Court of the As..Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....m), instructed by Abu Backkar, Advocate-on-Record-For the Appellant. Nurul Huq, Advocate-on-Record-For the Respondent. Civil Appeal No. 4 of 1987. (From the judgment and order dated 10.7.85 passed by the High Court Division, Dhaka Bench, in Civil Revision No. 619 of 1984). ......dlord, the tenancy has ceased and the substituted heirs of the landlord will have to sue the tenant‑respondent afresh as a trespasser and not as a tenant. 17. In the same decision it has been held that the tenant did not enter the premises wrongfully and so his continua..Category: Property Law | Date: | Hits: 26
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....ellants. B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Criminal Appeal No. 8 of 1989. (From the Judgment and Order dated 9.11 .87 passed by the High Court Division, Barisal in Criminal Appeal No. 102 of 1985) ......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... Ahmed, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent (In all the appeals). Civil Appeal Nos. 53‑55 of 1990. (From the Judgment and Order dated 12.3.90 & 14.3.90 passed by the High Court Division, Dhaka in FA Nos. 31 and 32 of 1989 &...... to be an award. 12. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the Contractor-respondent, submits that Mr. Monirul Islam had applied his mind to the dispute and gave a decision in the dispute. There is no gainsaying the fact that the Superintending Engineer was the ..Category: Others | Date: | Hits: 88
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