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Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......ppellant. T. H. Khan, Senior Advocate, M. A. Wahhab Mia, Advocate with him instructed by Md. Aftab Hossain, Advocate-on- Record— For respondent No. 1. EX-parte- Respondent Nos. 2-5. Civil Appeal No. 71 of 1985. (From the Judgment and Order dated 30.10.84 passed by the High Court Divi..Category: Property Law | Date: | Hits: 42
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......ant. Habibur Rahman Khan, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent Nos. 1-15. A.W. Mollik, Advocate-on-Record—For the Respondent No. 16. Criminal Appeal No. 39 of 1984. (From the judgment and ordered dated 19.7.84 passed by the High court Div..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......Md. Ssjjadul Huq, Advocate-on-Record-For the Appellant. M. Zahir, Senior Advocate (Mahbubey Alam, Advocate with him instructed by Ahmed Nurur Reza, Advocate-on-Record-For the Respondents. Civil Appeal No. 17 of 1986. (From the Judgment & Order dated 20.11.85 passed by the High Court Divisi..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....uthorised the Military Estate Officers as specified in the Schedule of the said Notification, to sign and verify the plaint or written statement in a suit by or against the Government. The Deputy Commissioner has, therefore, no competence to do it. In respect of the Ministry of Defence, u......rd—For the Appellant. A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For Respondent Nos. 1, 2 and 5. Ex-parte—for Respondent Nos. 3 and 4. Civil Appeal No. 20 of 1986. (From the judgment and order dated 11.7.85 passed by the High Court Divis..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ...... Sri Chatteswari Debi Bigraha, represented by Shebaits: Chandra Shekhar Chakraborty & others……………………………….Respondents Judgment December 12, 1985. Result: The Appeal is allowed. The Evidence Act, 1872 (Act No. I of 1872), section 116 Attesting witn..Category: Criminal Law | Date: | Hits: 88
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....rosecution. In this case there was no such application from the Public Prosecutor but the 'Magistrate allowed the withdrawal on perusal of the order of the Government forwarded through the Deputy Commissioner. This is clearly illegal; the Magistrate must act according to his judicial discretio......etitioners (In both the case). M. A. Wahhab Miah, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents (In both the cases). Criminal Petitions for Special Leave to Appeal Nos. 52 & 53 of 1985. (From the judgment and order dated 28-5-85 passed by the High Court..Category: Criminal Law | Date: | Hits: 71
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....de to the Presiding Officer who is alone empowered to recount on the spot either on his own motion or on the requests of any candidate......(13) Cases Referred to- Mofazzal Hossain Vs. Election Commissioner, (1976) 28 DLR (AD) 51; Nurul Islam V. Munsif, Election Tribunal 28 DLR (Dhaka) 375. ......on-Record—For the Appellant. Dr. Kamal Hossain, Senior Advocate, (S. S. Halder, Advocate with him), instructed by Ranesh Chandra Maitra, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 2 of 1986 (From the judgment and order dated 16-7-1985 passed by the High Court Divis..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ......he petitioner has been duly elected, passed by the Tribunal and affirmed by the learned District Judge has been rightly passed, which ought not to have been interfered by the High Court Division. The Appeal is allowed………(7,8,9) Cases Referred to- (1975) 27 DLR 307; Afzal Khan vs. Election..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265...... Lawyers Involved: Miah Abdul Gufur, Advocate-on-Record—For the Appellant. Md. Aftab Hossain, Advocate-on-Record— for Respondent Nos. 1—3. Ex-parte- Respondents No. 4—32. Civil Appeal No. 21 of 1984. (From the judgment and order dated 30 October, 1983 passed by the High Co..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....strict Magistrate" used in sections 12,23 and 24 of the Printing Presses and Publications (Declaration and Registration) Act, 1973 did not include Additional District Magistrate/Additional Deputy Commissioner, He further submitted that under the provisions of section 19 of the General Clauses ...... Waliul Bari Chowdhury...........................Appellant Vs. District Magistrate, Kushtia arid others…………………....Respondents Judgment January 27, 1986. Result: The Appeal is allowed. The Printing Presses and Publication (Declaration and Registration) Act, 197..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......ted by Ramesh Chandra Maitra, Advocate-on-Record- For the Respondent Nos. 3, 15 & 16 (in both the appeals). Not Represented—For Respondent Nos. 1, 2, 4-14 & 17 (in both the appeals). Criminal Appeal Nos. 48 and 49 of 1985. From the order dated 5.8.85 passed by the High Court Division, Dha..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......ipated in the occurrence in different manner with such common intention, the learned Additional Sessions Judge rightly found the appellants guilty by application of section 149 of the Penal Code. The Appeal is dismissed…….(12) Cases Referred to- Jiban Molla Vs. Emperor, AIR 1933 Cal. 551(2)..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... A.G. v. British Museum [1903] 2Ch. 612; Strata Mercella's Case, 9 Rep. 25 b.; Northumberland vs. Houghton, L.R. 5 Ex. 127; Cunningham v. Tomey Homma [l903] A.C. 141; State v. Weatherly, 45 No. 20; Commissioner of Taxes v. Ford Motor Co. of Australia Pty. Ltd, [1941] St. R. Qd. 233; Rakhal Das Add...... TM Masud J Syed Md. Mohsen Ali J Abdul Mannaf Khan and others……..Appellants (In both cases). Vs. Bangladesh & another…………………………Respondents (In Civil Appeal No. 163 of 1983). Golam Hossain Khan…………………….Respondent (In Civil Appeal ..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......, Advocate-on-Record -For the Appellant. S R. Pal, Senior Advocate, Instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 73 of 1984. (From the judgment and order dated 22.11.1983 passed by the High Court Di..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
.... and the Munsif is only holding 2nd class power. As such he is subordinate to him and he should leave the station after intimating the contemner. In the Memo he has not only asked the Deputy Commissioner, Rangpur to note the absence of the Munsif Magistrate without intimation to the U.N.O....... A.W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Record— For the Respondent No. 1. B. Hossain, Advocate-on-Record—For the Respondent No. 2. Criminal Appeal No. 3 of 1985. From the Judgment and Order dated 28.11.84 pasted by the High Court Divisio..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....4 PC 81, Hemshing V. Basant , AIR 1936 PC 93 ; Addikappa V. Chandrasekhara, AIR 948 PC 12 ; Shamsul Huq Sikder Vs Election Tribunal, (1975) 27 DLR 388; Md. Amjad Hossain Howlader V. Chief Election Commissioner, Govt. of the People's Republic of Bangladesh, (1975) 27 DLR 373. 7. As against t...... (1986) 172. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... far to seek. Amir himself has given the answer in his life till and it will be useful to consider Ext S(1) petition by Amir Ali dated 12.11.49. in respect Misc. Case No, 6 of 1944 before the Wakf Commissioner who initiated the proceeds on various allegations by Solaiman Mia Amir Ali posed the q......presented-the Appellant. Khondoker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Md. Aftab Hussain, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 68 of 1983. (From the judgment and order dated May 5, 1981 passed by the High Court D..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d. The learned Munsif, however, while drawing up the decree did not leave out the first schedule land of the written-statement of defendant No. 49, from the suit land to be partitioned. The Pleader Commissioner was appointed for the purpose of effecting partition who did not leave out the first sc......the property never being in controversy in the suit, the decree is liable to be amended by excluding the first schedule of the written statement, under section 152 of the Code of Civil Procedure. The Appeal is allowed…………(24,25 & 26) Cases Referred to- A.I.R 1961(S.C).790, 42 IA 91. AIR..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....sion with other co sharers made the purchase without the knowledge of the plaintiff and the public in general. Plaintiff came to know about the tale on 24th June 1953 and moved an appeal before the Commissioner, Chittagong which was dismissed on 18th November 1953 on the ground of limitation. His ......n-Record— For the Appellants. M. H. Khondker, Senior Advocate (A. J. Mohammad Ali, Advocate with him) instructed by Mr. Sharifuddin Chaklader, Advocate-on-Record—For the Respondent. Civil Appeal No. 33 of 1984. (From the Judgment and Decree dated 16.2.82 passed by the High Court Divi..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......istent with personal law to which the minor is subject to. Deviation from Hanafi School of Law is permissible for appointment of guardian, on the paramount consideration of the Child’s welfare. The Appeal is dismissed….(23) Cases Referred to- Muhammad Bashir Vs. Mst. Ghulam Fatima, PLD 1953..Category: Family Law | Date: | Hits: 152
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