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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 ...... more reason or urgency to protect his interest in the suit land than the lessor………………….(5) Cases Referred to- Prassanna Moyee vs. Kali Das, (1881) 9 Cal. L.R. 347; 31 DLR 107. Lawyers Involved: M.H. Khandker, Senior Advocate, A. J. Mohammad Ali, Advocate with him instructe..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 ......s provision and as such it means stoppage of the trial only. Passing the order of acquittal before the period of limitation under section 339C was over, was not an order under section 339C Cr.P.C. Lawyers Involved: Rafiqur Rahman, Senior Advocate instructed by Serajur Rahman, Advocate-on-Recor..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 ...... Cal. 658 ; Re EL Sombero Ltd., (1958) 3 All ER P. 1, Captain John Johnston vs. G B. Potts & Co. Ltd. PLD 1967 Kar 496 ; Satish Chandra Banik vs. Dacca Jute Miils Ltd., PLD 1968 Dac 610 at p. 641. Lawyers Involved: Raifique-Ul-Huq, Senior Advocate, (Md. Fazlul Haque, Advocate with him) instruc..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....rnment may, by general or special order, appoint in this behalf, and shall be verified by any person whom the Government may so appoint and who is acquainted with the facts of the case" 4. Rule 1, as quoted above, provides that in any suit by or against the Government, the plaint or writt......emise in the Cantonment Area. The Military Estate Officer is the person is the specifically appointed by the Government to sign and verify a plaint or written statement on behalf of the Government. Lawyers Involved: T.H. Khan, Senior Advocate (M. A. Wahab Miah, Advocate with him) instructed by ..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. ......ry of Industries Vs. Saleh Ahmed(1981) BLD 91 AD; Planters (Bangladesh) Ltd. Vs. Mohaluxmi Book Ltd. (1985) 37 DLR 129 AD; Profulla Choron Requittee vs. Satya Choron Requittee, AIR 1979 SC 1682. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Mahmudul Islam and Habibul Islam Bhuiyan, ..Category: Criminal Law | Date: | Hits: 88
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......from the prosecution. In this case the Magistrate having passed the order of withdrawal without any application from the Public Prosecutor is an illegality and such order has rightly been reversed. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-R..Category: Criminal Law | Date: | Hits: 71
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....ant Vs. Md. Sadeq & another …………………………….....Respondents Judgment March 6, 1986. Result: The appeal is dismissed. The Local Government (Union Parishad) Rules, 1953, Rule 49 Re-counting of ballot papers. A Tribunal ordering fresh election in one c...... 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. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate with him), instr..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....ul Alam Chowdhury……………………….Appellants Vs. Md. Abdul Mannan and others……………………..Respondents Judgment January 19, 1984. The Union Parishads (Election) Rule, rules 38(3), 39 (1) (4), 45(a) The Returning Officer had no jurisdiction to pass any or......ave 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 Tribunal and another (1980) 32 DLR AD) 186. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on..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......ithin the bounds of law. The High Court Division do not find any reason to interfere with the impugned order.………..(10) Case Referred to- Shah Wall V. Ghulam Din, (1967) 19 DLR (SC) 143. Lawyers Involved: Miah Abdul Gufur, Advocate-on-Record—For the Appellant. Md. Aftab Hossain,..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256....... authentication of a declaration……………..(14) Cases Referred to- Ram Pargas Vs. Emperor, AIR 1948 Allahbad 129; Vine vs. National Dock Labor Board, (1956) 3 All England Report, 939. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, (Mahbubey Alam, Advocate with hi..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 ......C. 439 Rajpati Vs. Bashan AIR 1981 (S.C.) 18 Botany vs. Noni Desai AIR 1968 (S.C.) 1444 Attorney General Vs Sillen (1864) 10 H.L.C. 704 Molik Manzoor Elahi vs. Lala Bishamber Das, 16 DLR (SC) 246. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chakla..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 ......2) Cases Referred to- Jiban Molla Vs. Emperor, AIR 1933 Cal. 551(2), Piare Dusadh v. Emperor, AIR 1944, 1(C). Vtnkatachennaya v. Emperor AIR 1920 Mad 337(FB); Inayat v. Rex, AIR 1950 All 369. Lawyers Involved: Syed Istiaq Ahmed, Senior Advocate with Mahmudul Islam, Advocate, instructed by..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....rt Division. Writ Petition No. 442 of 1978 challenging the order dated 24.2.78 and the aforesaid civil revision cases were heard analogously by a Bench of the High Court Division which discharged the Rules. 11. On 20th September 1982 Title Suit No. 197 of 1978 was decreed by the Munsif, 3rd Court......ler, 1901 AC. 217; Rakhal Das Addy Vs. Durga Dasi, 17 Cat. 458; Bungsho Dhar Biswas Vs. Modhu Mohudder, 21 W.R. 383 AIR 1941, PC 55, AIR 1947 PC 19, 28 CU 73 B.C., 63, CLJ 410P. C. Supreme Court. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advoca..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....the amount will be reimbursed by the tenant as per agreement in addition to the standard rent. 12. Section 13 makes it obligatory for the landlord to give a written receipt of the payment of rent. Rule 6 of the Premises Rent Control Rules 1964 prescribed the form. In the form of rent receipt colu......inst the rent…….(15) Cases Referred to- Shamsuddin Ahmed vs. Mohd. Hassan and others (1979), 31 D.L.R (AD) 155; Mst. Esarunnessa Bibi vs. Md. Amir Hossain reported in 38 D.L.R. (AD) 1. Lawyers Involved: M H Khondker, Senior Advocate, A. J. Muhammad Ali Advocate with him instructed ..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....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 Division, Rangpur in Criminal Misc. Case No. 24 of 1984 and Suo Motu Rule No. 41 of 1984. Judgment: Fazle Munim CJ.-This appeal arises from the Judgment and order......he door of scandalizing the Courts”……..(22) Action of the respondent humiliating to the presiding officer of a Court, however small it may be, amounts to clear defiance of the Majesty of Law, cannot be condoned legally………(23) Cases Referred to- Asharam M. Jain vs. A.T. Gupta,..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....any other, capacity which may be attributed to him, obviously enough, such jurisdiction means and refers to the jurisdiction he exercises while sitting as a court. 40. Also, on a reference to Rules 47 & 48 of the Union Parishads (Election) Rules, 1983, it would be seen that the Election......R 287; IDBP (Bangladesh) Vs. M/s. Master Industries (1974) 26 DLR 157; Chera Dangi Mela Committee vs. Md. Yusuf Ali (1977—78) BSCR 254 AD; Amir Sultan vs. Md. K. Alam. (1977) 29 DLR 295 (SC). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Shah Md. Sharif & Mahmudul Islam, Ad..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... 48 LA. 114; Sadek Hussain Khan Vs. Hashim Ali, 43 I.A 212; Mohabbat Ali Khan Vs. Md. Ibahim Khan, 56 I.A. 201; Md. Baikder Hussain Khan Bahaour Vs. Shurfoon Nessa Begum, 8 I A. 136; 11 M A 94. Lawyers Involved: Not represented-the Appellant. Khondoker Mahbubuddin Ahmed, Senior Advocate..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....it can be completely disposed of, It is final when such adjudication completely disposes of the suit. II may be partly preliminary and partly final." 11. Order 20 deals with judgment and decree. Rule 6(1) provides: "The decree shall agree wife the judgment; it shall contain the number of the su......Mills Co. Ltd. V. Graduate Coal Concern Jalgaon, 59 ILR (Bombay) 158; Mahabubul Huq Vs. Abdul Huq, C. P. No. 80 of 1974; Chittoori Subban Vs. Kudapa Subbanna and others, AIR 1965 (SC) 1325 (1332). Lawyers Involved: M. H Khondker, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated 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) 115......da Lal Ray Vs. Ramjanam Misser, ILR 21 Cal. 70 corresponding 20 IA 165; Banarsi Debi Vs. The Income-tax Officer, AIR 1964 SC 1742; Radha Krishna Jogani vs. Dwarka Das Agarawalla, (1984)36253 (AD). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instruc..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....janat is not limited to mere observance of age rule so as to exclude the consideration of the interest of the child which would, however, depend on the facts and circumstances of a given case. 11. Rules of hizanat as formulated in Islamic Law find place in Hedaya. There, the following tradition......buddin Ahmed J Md. Abu Baker Siddique.....................Appellant Vs. S.M.A Bakar & others …………………………………Respondent Judgment December 3, 1985. Muhammadan Law—Hizanat (custody of child) Different schools of Muslim thought (Sunni) have difference..Category: Family Law | Date: | Hits: 152
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