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Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
..............................Respondent Judgment April 25, 1984. Result: Tthe appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order V, rules 17 & 19 The Civil Rules and Orders, Rule 91 (2) Finding of the Trial Court having resulted from glaring misconcepti......rvice arises and in that circumstances service by hanging is appropriate. Cases Referred to- Zahar Begum Vs. Razaul Quadir (1973) 25 DLR 91; Keshab Chandra Vs. Baliganj Estate 76 CWN 281. Lawyers Involved: Rafiq ul-Huq, Senior Advocate,(Md. Zaker Hossain, Advocate with him) instructe..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......Das Vs. Hiran Kumar Das, 21 D.L.R. (Dhaka) 918; Ouseph Poulo Vs Catholic Union Bank, 1965 (SC) page 166; AIR 1923 All 474; AIR 1950 All 86; Moulvi Mohammad Ismail vs. Amad Ali, 20 CWN 948. Lawyers Involved: Shaukat Ali Khan, Senior Advocate instructed by A. Baset Majumder, A..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ...... and circumstances of the case. The respondents are found guilty under section 147 and the order of sentence is modified accordingly……………(9 & 10) Lawyers Involved: M. Moazzem Hossain, Deputy Attorney-General, instructed by M. R. Khan, A..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ....... 277; Tara Munnee Vs. Motee Buneanee 7 SDA 273; Grida Lal Vs. Bengal Govt. (1963) 12 MIA 448, Visvanatha Vs. Duraiswami Mudali AIR 1926 Mad. 259; Hiralal Vs. Tripura Charan 40 Cal 650 F.B. Lawyers Involved: Mohammad Roushan Ali, Advocate instructed by A. N. M. Manzurul Hasa..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....is sent back to High Court Division 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) 220. ......p; Cases Referred to- Parsotim Vs Lal Mohar 58 IA 254; Md. Siddiq Vs Australisaia Bank PLD 1966 SC 684; Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi, (1981) 33 DLR (AD) 505. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (B. B. Roy Chowdhury, Senior Advocate..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......nbsp; Cases Referred to- Maniklal Mansukhbhasi vs. Hormanji Jamshedji Ginwalla & Sons, A.I.R. 1950 (SC) page 1; Krishna Sardar Vs. Sindhu Bala Dasi A.I.R. 1970 Cal. 444. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Appellants. B..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....er is an officer of the Court to whom is given possession of custody and management of certain property. The received is the custodian of the property, he is liable to render account to the Court. Rule 14 provides for enforcement of the receiver’s duty. The receiver being a statutory perso......nkar Vs Ranee Golapmonee 5 CWN 22: Boehm Vs Goodall (1911) I Ch. 155; Re Canal Iron Works (1876) 3 Ch D. 411; Davy Vs Scarth (1906) 1 Ch. D. 55; Ali Ismail Vs Momin Bibi, AIR 1954 Cal. 386. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate wit..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ...... section 44 has not been challenged as arbitrary or capricious. This being an innocuous order for the benefit of the waqf estate no interference is called for……..(8) Lawyers Involved: S.M Hussain, Senior Advocate, (K. Z. Alam, Advocate with him) instructed..Category: Trust/Waqf Law | Date: | Hits: 196
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. ......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. ......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)
....side the order of the District Judge and affirmed the order of the trial court. The learned Single Judge noticed that the petition under Order 21, rule 32 was maintainable independently inasmuch as Rule 32 (1) CPC provides an independent remedy to the decree holder in case the judgment-debtor vi......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. ......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)
....;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. ......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. ......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. ......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)
.... that was made in 1976 in India. Order 39 had been amended by the Code of Civil Procedure (Amendment) Act of 1976 and sub-rules (3) and (4) had been omitted and a new rules 2(a) had been asserted. Rule 2 (a) as under: "In case of disobedience any injunction granted or......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. ......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)
.... 14(1) of P.O. No. 16 of 1972. The appellants who were shown as judgment-debtors in the decree preferred an appeal from Original Order No. 170 of 1982 before the High Court Division and obtained a Rule. After hearing the appeal and the connected Rule on 9th November, 1982 the High Court Division......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)
....mained in possession of the property in part performance of the contract for its sale. 8. It appears from the judgment of the High Court Division that the only ground upon which it discharged the Rule is that the property in question is, in the opinion of the learned Judges, an abandoned properl...... 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
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