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Md. Muzaffar Hossain Vs. King Fishers IndusÂtries Ltd. and ors., 1984, 13 CLC (AD)
....llaneous ApÂpeal No. 501 of 1981 before the High Court Division and also made an application for stay of operation of the order. 5. On October 7, 1980, the High Court Division, after hearing the Rule issued upon the application for stay, marked as Civil Rule No 1284 (FM) of 1980, allowed the pr......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)
....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 RahÂman 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. ......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)
....bsp; Syed Md. Mohsen Ali J.- This appeal by the defendant is against the judgment and order dated 20.10.82 passed by the High Court Division in Civil Revision No. 1021 of 1980 discharging the Rule. 2. Leave was granted to consider whether the High Court Division committed an error ......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 CorÂpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....namely, Principal Officer, Mercantile Marine Department, Chittagong is the Controlling Authority of the plaintiff-appellant. Defendant-respondent No. 3 filed an application under Order 1, Rule 10 of the Code of Civil Procedure for striking out its name. Defendant-respondent No. 2 ......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. CustoÂdian, Enemy ProÂperty (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....t case. 3. The respondent then filed revisional applications before the High Court Division 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 de......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. ......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. ......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
Bangladesh AgriculÂtural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....ar. On July 14, 1978 his controlling officer called for explanation for misappropriating fertilizer worth Tk. 32,115.85 and other charges. He was also placed under suspension according to BADC Rules. 4. Plaintiff-respondent did not file any reply to the charges, nor did he appear be...... Six months must expire from the date of the order enabling the plaintiff to file a suit challenging such order. As such period did not expire before filing of the case, the suit must fail. Lawyers Involved: A. Hasib, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Reco..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam MasÂter alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedÂings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ...... Chandra Pal V. Queen Empress, ILR Cal. 286; Ram Gopal V. State of Bombay, AIR 1958, SC 97; Vadilal Panchal V. Dattairaya Dulaji, AIR 1960 SC 1113; Pramatha Nath v. Saroj Ranjan, AIR 1962 SC 876. Lawyers Involved: T. H. Khan, Senior Advocate (Jamiruddin Sircar and M.A. Wahab Miah, Advocates ..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ...... Radha Prasad Singh Vs. Gajadhar Singh and others, A.I.R. 1960, SC 115; Coghlan Vs. Camberland, (1898), 1 Ch. 704; Arju Perhad Vs. Jwaleshawari Pratap Narain Singh, A.I.R. 1951 (SC) 120. Lawyers Involved: T. H. Khan, Senior Advocate (M. A. Wahhab, Advocate with him) instructed ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......tion 7 is not available to -him…………………(7) Case Referred to- Khitish Chandra Mondal Vs Shiba Rani Devi AIR 1956 Cal 441. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by Syed Sakhwat Ali, Advocate..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....in accordance with law. 7. The 2nd party respondent then moved the High Court Division for quashing the proceeding under section 561A of the Code of Criminal Procedure and obtained a Rule in Criminal Revision No. 56 of 1983 which was ultimately made absolute and the proceeding......de of Criminal Procedure to physically oust a person in possession of the disputed premises, during the pendency of such proceeding……………….(13) Lawyers Involved: T. H. Khan, Senior Advocate, (Alimuzzaman Chowdhury and M. A. Wahab..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court DiviÂsion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......aÂtion before the High Court Division by the complainant when the State does not prefer any appeal against the order of acquittal, even in "cases initiated on police report………………(10) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, ChrisÂtian Missionaries and another, 1984, 13 CLC (AD)
.... the claim cannot be realised in the same suit by emending the plaint. The learned Advocate has laid emphasis on the words "he 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......eeding if it is found necessary to determine the real issues between the parties and if it is not a case of relinquished claim by suing afterwards..………….(6) Lawyers Involved: Shahabuddin Ahmed, Advocate-on-Record— For the Appellant. ..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......, PLD 1955 (Sind) 70; Abdul Majid Sk. Vs Mushafee Ahmed 17 DLR (SC) 63 = PLD 1965, SC. 208; Golam Sarwar Vs Pakistan, PLD 1962 SC 142; PL Dhingra Vs Union of India, PLD 1958, SC (Ind.) 217. Lawyers Involved: Moinul Hossain, Advocate (Joynal Abedin, Advocate with him) instructed by..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....investigation was not yet compleÂted. The application was liable to be sumÂmarily rejected but a direction should have been given to expedite the investigation, withÂin a definite time. Instead, a Rule was issued, the application was registered as Crl. ReviÂsion No. 54 of 1977 on 31 January 1977.......R. 1914, Mad 265 & Patna High Court A.I.R. 1920 Patna 112; Velji Raghwap Patel Vs The State of Maharashtra, A.I.R. 1965, S.C. 1433, A.I.R. 1951, Calcutta 69; ex parte Delhasse 1877-78 Volume VII Law Reports page 511; Cox Vs Hickman (1860) 8. SLC 268; Mollwo, March & Co. V The Court of Wards..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....ion case", but their heirs were not brought on record by substitution. So far as during the pendency of the execution proceeding is concerned, law is against the respondents judgment-debtors. Rule 12 of Order XXII provides that the provision as to substitution shall not apply to an execu&sh......8; Nil Ratan Vs Ram Ratan, 5 CWN 627; Bashiruddin Vs Elahi Baksha, AIR 1935 Cal. 644; Kartar Singh Vs Zorawar Singh, AIR 1 29 Lal 121; Bijoy Krishna Vs Mantazuddin (1969) 21 DLR 631. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, A..Category: Others | Date: | Hits: 97
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......Das, 51 CWN, 644; Barkat Ali Mondal Vs Masem Ali Biswas, 6 DLR 589; Singhuram Panja Vs Ambica Charan Shantra, 45 CWN, 658; Md. Swaleh V. Messers. United Grain and Fodaer Agencies 16 DLR (SC) 155. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record- For the Appellants (In Civil ..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......The State.........................................Respondent Judgment June 4, 1991. Case Referred to- Abed Ali (Condemned Prisoner) Vs. The State, 42 DLR (AD) 171. Lawyers Involved : Korban Ali, Advocate, instructed by M Nowab Ali Advocate-on-Record-F..Category: Criminal Law | Date: | Hits: 58