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Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)

....owed. The impugned order of the High Court Divi­sion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......owed. The impugned order of the High Court Divi­sion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......fer and this rent not having been paid the tenants were defaulters. Termination of tenancy by notice has not been challenged. The order of remand therefore was absolutely unnecessary………(6) Lawyers Involved: Md. Abdul Hannan, Advocate, instructed by Abul Quasem, Advocate-on-Re­cord—..

Category: Tenancy Law | Date: | Hits: 166

Sadullah Pramanik & ors. Vs. Md. Khalilur Rah­man & ors., 1984, 13 CLC (AD)

....ed with costs.                  Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......ed with costs.                  Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......k alias Mala and another, 12 DLR 206; Munir Mondal and others Vs. Paramatha Nath Chowdhury and others, 14 DLR 801; A.I.R. 1940 P.C. 124; Krishna Chandra Paul Vs. Khoyar Sardar, 20 DLR 746. Lawyers Involved: B. N. Chowdhury, Advocate instructed by Kazi Ebadul Haque, Advocate-on-R..

Category: Property Law | Date: | Hits: 27

Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)

.... order of the High Court Division and he wilfully disobeyed such order. Anything short of this may pave the way for the contention which is now being made by the judgment-debtor. 14. Applying the principles mentioned above we are of the opinion that this appeal should be allowed and an opportuni...... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ......Vs Peary Chowdhurani, 8 Cal. 174; Kishore Bun Mohunt Vs. Prosanna Coomar 21 Cal 74; Durga Das Nanda Vs. Deoraj Agarwala, 10 C. W. N. 297; Protap Chandra Das vs. Peary Choudhurani, 8 Calcutta 174. Lawyers Involved: T. H. Khan, Senior Advocate, Abdul Wahhab, Advocate with him instructed by Sha..

Category: Civil Law | Date: | Hits: 114

Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)

....nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......Company is concerned is ''whether the directing power resides on, in the expressive language of Foot, where the brain which controls the operation of the Company is situated" (Cheshire Private International Law, 1938 Edi­tion at page 198). Admitted position is that the orders were receiv......ttagong and the law says that exclusive jurisdiction in such case lay with Labour Court II, Dhaka. In this view of the matter all the proceedings are quashed……..(5)   Lawyers Involved: A. M. Rashiduzzaman, Advocate instructed by Mr. Kaiseruddin Ahmed, Advo..

Category: Labour and Industrial Law | Date: | Hits: 115

Messers United Shipping Corpora­tion Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)

....that protracted enquiry is necessary. For these reasons, it cannot be said that the Court wrongly exercised its discretion in allowing the counter claim. In saying so we are not departing from the principles regarding counter claim laid down in United Liner Agencies of Pakistan Limited, Ctg. vs.......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......am Jagannath, AIR 1972 SC 1948; Mackinnon Mackenzie and Company Pvt. Ltd. vs. Anil Kumar Sen, AIR 1975 Cal 150; Laxmidas Dayabhai Kabrawala vs. Nanabhai Chunilal Kabrawala, AIR 1964 SC 11. Lawyers Involved: M. B. Rahman, Advocate-on-Record—For the appellant. Amirul ..

Category: Civil Law | Date: | Hits: 95

Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)

....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......or, ITR Vol. LIII—167 (1964); Commissioner of Income-tax Vs. Krishna Warriar, (1962) 44 ITR 828; Commissioner of Income-tax, Chittagong Vs. Mr. Saifuddin Ahmed, B.L.D. Vol. VIII 100. Lawyers Involved: A.M. Mahmudur Rahman, Advocate, instructed by Md. Sajjadul Huq, Advocat..

Category: Fiscal/Taxation Law | Date: | Hits: 117

Abdul Gafur Khan & others Vs. Government of Bangla­desh & others, 1984, 13 CLC (AD)

.... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ......the ends of justice, fairness and equity even though the Learned Judge of the High Court Division missed the appropriate law for latches of the parties. The Appeals are dismissed…………..(5) Lawyers Involved: M. Gholam Rabbani, Advocate, instructed by Md. Sajjadul Huq, Advo­cate-on-Rec..

Category: Property Law | Date: | Hits: 42

Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)

....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......ssociated with preferring some heirs to others, causing deprivation to one for the benefit of another and if the testator, who got absolute right to dispose of his property by will under the Hindu Law, of his own volition and in perfect sense causes such deprivation, the Court is helpless to mit..

Category: Property Law | Date: | Hits: 118

Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)

.... matter has been trans­ferred. In the result therefore this appeal is dis­missed. No costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 153. ...... matter has been trans­ferred. In the result therefore this appeal is dis­missed. No costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 153. ......hich the business was so transferred.” However, the transferee court must have jurisdiction to adjudicate upon the subject matter of the dispute…………(6)  Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by M.S. Zoha Chowdhury, Advocat..

Category: Others | Date: | Hits: 93

Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)

....ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......d of conduct for which he now stands convicted. The judgment of the High Court Division affirming the conviction and sentence is confirmed ……………..(5)  Lawyers Involved: Mainul Hosein, Advocate (Joynul Abedin, Advocate with him) instructed by ..

Category: Criminal Law | Date: | Hits: 58

M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)

....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......cularly when the previous direc­tors were persistently pursuing their reme­dies, for the release of the properties in ques­tion……………..(13)  Lawyers Involved: T. H. Khan, Senior Advocate (M. A. Wahhab Mian, Advocate with him) instru..

Category: Property Law | Date: | Hits: 47

Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)

....t. Not only the Govern­ment failed to exercise its authority under Article 10 and did not cancel the contract, it did not even plead or establish to have exercised such authority. It is a well-known principle of law that a legal right unless its enforcement is barred under the provisions of law is ...... The order of abatement is vaca­ted and the suit will now proceed in accor­dance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ...... of law. The Order of abetment is vacated. The suit will proceed in accordance with law………………(12 and 13) Cases Referred to- 31 DLR (AD) 266, 32 DLR (AD) 260 and 34 DLR (AD) 25. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him)..

Category: Property Law | Date: | Hits: 38

Md. Muzaffar Hossain Vs. King Fishers Indus­tries Ltd. and ors., 1984, 13 CLC (AD)

....stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......y order of the Appellate Division shall be dealt with by that Division and the High Court Division, in such a case, has no competence to initiate any action………………………………(13) Lawyers Involved: M. Nurullah, Advocate instructed by Shah Azizur Rahman-II, Advocate-on-Recordâ..

Category: Anti-Corruption Laws | Date: | Hits: 113

Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)

....t be proved before the Court will make such appointment. The plaintiff-must satisfy the Court that the property in possession of the defendant is in danger of being wasted. 11. Other legal principles in the matter of appointment of a receiver should also be kept in view. These principles......ted above the judg­ment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 97. ......i Ram Vs. Saligram (1909) 14 CWN 248; Kali Kumari Vs. Bachhan Singh (1913) 17 CWN 974 Suprasanna Roy Vs. Upendra Narain Roy (1913) 18 CWN 533, Basant Ram Vs. Dasondhi Mal, AIR 1929 Lah 497. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Fazlul Huque & Aminul Huq, Advocates..

Category: Property Law | Date: | Hits: 45

Md. Matiur Rah­man Vs. Asgar Ali & ors., 1984, 13 CLC (AD)

....istrate was correct in passing the order of acquittal. In the result therefore this appeal is dis­missed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dis­missed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......LR 595; Emperor Vs. Sugnomal Bhojraj and another, A.I.R. 1942 Sind 52; Mysore Vs. Mahabala Seety and another, A.I.R. 1963 Mysore 77; AIR 1942 Sind 52; AIR 1951 Cal 308; AIR 1959 Kerala 10. Lawyers Involved: Abdul Hamid, Advocate instructed by Md. Aftab Hossain, Advocate-on-Recor..

Category: Criminal Law | Date: | Hits: 41

Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)

....revision ‘suo motu’ if the other conditions laid down in the section are satisfied."  10. In our view the aforesaid Full Beech decision has laid down the correct principle of law. In the present case High Court has considered the case on merits and has found t...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......hers, 28 DLR 159 (AD); Mt. Bibi Mariam Vs. Surajmal and others, AIR 1936, Patna 591; Katragadda China Ramaya Vs. Chiruvolla Venkanraju and ano­ther, AIR 1954, Madras, 864 (Full Bench). Lawyers Involved: Habibur Rahman Khan, Advocate, instructed by Md. Aftab Hossain, Advocate..

Category: Property Law | Date: | Hits: 30

BD Inland Water Transport Cor­pn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)

....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......ause of action…………(18)  Cases Referred to- M.L. Madina vs. M.L. Jalamoni, 30 DLR 149; Arraiz 16 Asp MLC 451; P.L.M. 8; Kashmir 16 Asp MLC 81. Lawyers Involved: Shah Mohammad Sharif, Advocate instruc­ted by Mvi. Md. Wahidullah, Ad..

Category: Admiralty Law or Maritime Law | Date: | Hits: 204

Ass. Custo­dian, Enemy Pro­perty (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)

....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ation.....(9) Within the scope of section 143 A, there is hardly any ground for the appellant to challenge the title of the Plaintiff…………….(11)  Lawyers Involved: Md. Moksudur Rahman, Deputy Attorney-General instructed by B. Hossain, Ad..

Category: Property Law | Date: | Hits: 28

Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)

.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 77. ...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 77. ......e judgment. Thus the petition for custody under section 491 of the Code of Criminal Procedure should be disposed of adding the applicant appellant as a party……(7 & 8)  Lawyers Involved: A. K. M. Mozammel Haque Bhuiyan & Rabia Bhuiyan, Advocates instructed..

Category: Criminal Law | Date: | Hits: 58

Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)

....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......dul Bari 36 CWN 844; Krishna Chandra Datta Chowdhury Vs. Khiran Bajania, 10 CWN, 499; Ram Pershad Koeri Vs. Jawahir Roy, 12 CWN 899; Jogendra Chandra Das Vs Debendra Nath Ghosh, 39 CWN 428. Lawyers Involved: M.H. Khondker, Senior Advocate instructed by B.C. Panday, Advocate-on-Rec..

Category: Property Law | Date: | Hits: 35