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Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)

....ally started on that application and it is a completely new matter which the appellate Court is called upon to decide. Mr. Amir Hossain submits that under the amended sec­tion 29 (4) of the Local Government Ordina­nce, 1984 the learned District Judge is requ­ired to adjudicate on the dec......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41.           ......preme Court High Court Division (Comilla Bench) (Civil Appellate Jurisdiction) Present: Mustafa Kamal J Muktad Hossain Majumder..........................Petitioner Vs. Abul Bashar Majumder & others...................Opposite-Parties Judgment Jan......Chairman, Labour Court, Khulna and another, 30 DLR 331; Mohammad Sharifullah Vs. Election Tribunal, 31 DLR 119; Amir Sultan Ali Haider Vs. Mohammad K. Ali, 29 DLR (SC) 295. Lawyers Involved Md. Amir Hossain— For the Petitioner. M.A. Karim— For the Opposite party No.1 ..

Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....ry, Ministry of Home Affairs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Baqui......f Home Affairs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Baqui Baloch, 20 DL......riminal Miscellaneous Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Sultana Ara Begum ......................................Petitioner Vs. Secretary, Ministry of Home Affairs & others..........Respondent Judgment Dec......     ..

Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2

Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)

.... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......llip;………..………….Respondent Judgment September 9, 1985. Result: The rule is discharged. Cases Referred to- Siraj Miah Vs. Bangladesh and another, 32 DLR (AD) 35. Lawyers Involved Siddique Ahmed Chowdhury with Mus......Habibur Rahman J Md. Abdul Jalil J Abdur Razzak & others……………………………………Petitioners Vs. The State…………………………&h......8 DLR (HCD) (1986) 22. ..

Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2

Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)

....shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14.   ......Abul Kashem Chowdhury and others………………Opposite-Party Judgment July 23, 1985. Result: The Rule is discharged. Cases Referred to- Bangladesh Vs. Shahjahan Seraj (1980), 32 DLR (AD) 1. Lawyers Involved Mustafa Niaz Muhamm...... Md. Abdul Jalil J Sydul Haque Sowdagar……………………………………………Petitioner Vs. Abul Kashem Chowdhury and others………………Opposite-Pa...... (1986) 14.   ..

Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1

Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)

....peal against an order of acquittal under the Code of Criminal Proce­dure. It may be mentioned that before section 417(2) was inserted in the said Code by the Amending Ordinance No.49 of 1978, the Government only was given the right of appeal against an order of acquittal under section 417 of the......cted and the appeal is summarily dismissed being not entertainable. Fazle Hussain Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. ......sain Mohammad Habibur Rahman J Md. Abdul Jalil J Authorised Offi­cer, C.D.A………………………………Appellant Vs. The State & others.……………………&hel...... in: 38 DLR (HCD) (1986) 27. ..

Category: Criminal Law, Limitation Law | Date: 20 Jul, 1985 | Hits: 1

Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)

....t the order may be stay­ed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30.       ......Chittagong the plaintiff would have nothing within the jurisdiction of this Court to recover the loss suffered by him. Except the ship m. v. CHERRY ORIENT, the defendant No.1 has no other property in Bangladesh from which the claim of the plaintiff could be satis­fied. On that application this C...... High Court Division (Dhaka Bench) (Admiralty Jurisdiction) Present: Sultan Hossain Khan J Kings Shipping Tra­ding Co.................................Plaintiff Vs. M/s. L.S. Line & others..........................................Defendants Judgme......t the order may be stay­ed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30.       ..

Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7

Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)

.... amendment of the plaint. Having regard to the facts and circums­tances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. .......98 dated 26.9.83 passed by Mr. Md. Taha Mollah, Munsif, 1st Court, Sadar Chittagong in Other Suit No.91 of 1980 rejecting the defendant's application dated 26.9.1983 praying for addi­tion of Bangladesh Railway and its General Manager as defendants in the suit. 2. The plaintiff opposite...... High Court Division (Chittagong Bench) (Civil Revisional Jurisdiction) Present: Syed Mohammed Ali J Ranjit Kumar Rakshit....................................Petitioner Vs. Sudhir Kumar Chowdhury...........................Opposite-Party Judgment April 10......Party. Civil Revisional No.73 (Ctg) of 1985. Judgment Syed Mohammed Ali J.— This Rule at the instance of the defendant is directed against order No.98 dated 26.9.83 passed by Mr. Md. Taha Mollah, Munsif, 1st Court, Sadar Chittagong in Other Suit No.91 of 1980 rejecting the defen..

Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1

Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)

....riminal Procedure dealing with constitution of criminal Courts and offices. After the amendment in question by Ordinance No.XXIV of 1982 section 9 Cr.P.C. reads as follows:— "9(1) The Government shall establish a Court of Session for every sessions division, and appoint a judge of su.......C. They also drew our attention to the Establishment Division Notification No.ED/FA-52/82-466 dated 8.9.82 investing U/S. 29C of the Code of Criminal Procedure all Additional District Magistrates of Bangladesh with powers to try as Magistrate all offences not punishable with death or with transport......isional Jurisdiction) (Chittagong Bench) Present: F. H. Mohammed Habibur Rahman J Md. Abdul Jalil J Abu Taher and others......................................Petitioners Vs. Mst. Razia Begum and another..........................Opposite-Parties Judgment D...... 37 DLR (HCD) (1985) 18.   ..

Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2

Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)

....ul Quayum the learned Advo­cate for the petitioner, argued that the Election Tribunal is not a Court and as such the District Judge who is the appellate authority under the provision of the Local Government (Union Parishad) Ordinance, 1983, (Ordinance No.XL of 1983) (hereinafter called the Union......gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ......urt High Court Division (Barisal Bench) (Civil Revisional Jurisdiction) Present: Daliluddin Ahmed J Habibur Rahman Talukder..............................Petitioner Vs. Shaha Alam Mia and others............................Opposite-Party Judgment Dece......gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ..

Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

....m. 2. During the pendency of the above contempt Rule, the learned District and Ses­sions Judge, Rangpur forwarded two repre­sentations submitted by the aforesaid Munsif-Magistrate to the Government praying for his transfer from Chilmari and also praying for leave to leave his present pl...... before us Notification No. JAIV/19/83-956 dated 10-11-83 and Notifica­tion No.JAIV/19/83-956 dated 10-11-83, both issued by the Ministry of Establishment and Re-organisation of the Government of Bangladesh. The first Notification vests the Munsif-Magistrate Mr. K.M. Zulfiquer Ali, Chilmari, Ran......on (Rangpur Bench) (Criminal Appellate Jurisdiction) Present: Mustafa Kamal J Md. Abdul Wahab J The State..................................................Appellant Vs. Abdul Karim Sarkar....................................Respondent Judgment Novembe......is also Reported in: 37 DLR (HCD) (1985) 26.   ..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)

.... was a case under the East Bengal (Emergency) Requisition of Property Act, 1948. In that decision it has been stated that the said Act provides for appeal to the Com­missioner and revision to the Government and as such the validity of any act done un­der the said Act cannot be challenged in ...... with­out any order as to cost. The stay of opera­tion of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ......urt High Court Division (Rangpur Bench) (Civil Revisional Jurisdiction) Present: Latifur Rahman J Dy. Secretary, Ministry of Commerce...................Petitioner Vs. Nizamuddin Haider...........................................Respondent Judgment ...... with­out any order as to cost. The stay of opera­tion of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ..

Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2

M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)

....ared before the Court and prayed for staying the execution of the decree on the grounds that since the Bank proceeded against the appel­lant Company's properties being treated as abandoned by the Government, the Directors pf the appellant Company were not properly served with notice and that ha......nysons Ltd. & another................Appellants Vs. Sonali Bank & others .............................Respondents Judgment August 20, 1984. The Bangladesh Abandoned Property (Management, Control and Dis­posal) Order, 1972 (President’s Order......adrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. Gannysons Ltd. & another................Appellants Vs. Sonali Bank & others .............................Respondents Judgment ...... ..

Category: Property Law | Date: 20 Aug, 1984 | Hits: 24

Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)

....he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93.         ...... allowed. Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and ors,. A.I.R 1960 S.C. 115; Sarju Perhad Vs. Jwaleshawar; Pratap Narain Singh, A.I.R. 1951 (SC) 120; Badruddin Khan Vs. Bangladesh and another, (1984) 34 DLR (AD) 52. Involved: Mostafa Niaz Mohammad with Nirmal......h Court Division (Chittagong Bench) (Original Appellate Jurisdiction) Present: Md. Altaf Hossain J Dula Meah....................................................Appellant Vs. Md. Ibrahim Khalil @ Ibrahim Khalil..................Respondent Judgment July 24,......n: 37 DLR (HCD) (1985) 93.         ..

Category: Property Law | Date: 24 Jul, 1984 | Hits: 2

Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)

....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74.   ......d order dated 23.3.83 passed by Mr. S.H. Bahar, Assistant Sessions Judge, Jhenidah in Sessions Case No.287 of 1981 (Trial S.C. No.78 of 1982) convicting the accused appellant under section 392 of the Bangladesh Penal Code and sentencing him to suffer R.I. for 7 years and to pay a fine of Tk. 1000/- ......ivision (Jessore Bench) (Criminal Appellate Jurisdiction) Present: A. Matin Khan Chowdhury J M. S. Ali J Tota @ Tofayzel Hossain...........................Appellant Vs. State.....................................................Respondent Judgment Jul......its case against the accused appellant………(15) Cases Referred to- Iman Ali and another Vs. the state, 25 DLR 407; Gulbeg and others Vs. The State, PLD 1975, Karachi 275; Md. Anwar and others Vs. The State, PLD 1966 Lahore 643; Habibullah and others Vs. The State, PLD 19..

Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6

Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)

....ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49.   ......de of Civil Procedure (V of 1908) Or. 38 rs. 5 and 6. Cases Referred To- Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipping Line Ltd., 28 DLR 231; Unimarine S.A. Panama Vs. Bangladesh, 31 DLR(AD) 112; Haji Mohammudin & Company Vs. The Eastern Japan Trading Company (192......vil Revisional Jurisdiction) Present: F. H. M. Habibur Rahman J S. Mohammad Ali J Eastern Maritime & Trading Corpora­tion...…………Appellant Vs. Sea Trade & Cons­truction Limited....……………&helli......hammad Habibur Rahman J.- This appeal at the instance of defendant appellant Eastern Maritime and Trading Corporation, Djibouti, is directed against the judgment and order dated 29-1-84 passed by Mr. Md. Shamsher Ali, Subordinate Judge, 3rd Court, Chittagong in Money Suit No.3 of 1984 which is in th..

Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5

Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)

.... Judgment Md. Altaf Hossain J. - This second appeal arises out of a suit for declaration. 10.80 acres of land appertaining to R.S. Khatian No.1058 of Mouza Gomai P.S. Rangunia belonged to the Government in khas. In Settlement Case No.186B of 1961-62 the Additional Deputy Commissioner (Revenu......will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232       ......gh Court Division (Civil Revisional Jurisdiction) Present: Md. Altaf Hossain J Mokbul Ahmed and others....…………………..Petitioner Vs. Bazal Ahmed & others...........................Respondent Judgment April 26, ...... Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232       ..

Category: Property Law | Date: 26 Apr, 1984 | Hits: 3

Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)

.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41.         ......r No.34 of 1982 before the Court on 22.11.82 for con­donation of delay in holding the annual general meetings. The admission of Matter No.34/82 was however advertised in the newspapers and in the Bangladesh Gazette and it was open to the petitioner to oppose this application or to put forward hi......upreme Court High Court Division (Dhaka Bench) (Civil Original Jurisdiction) Present: Mustafa Kamal J Motiur Rahman......................................Petitioner Vs. May Industries Ltd.................................Respondent Judgment April 26, ...... Co. Ltd., Bellary Vs. V. Gopal Chetti, A.I.R. 1932 (P.O.) 1. Lawyers Involved: Badruddin Ahmed with Sk. Abul Hossain and Syed Moynul Huq— For the Petitioner. Rafique-Ul-Huq with Md. Fazlul Haque— For the Respondent. Matter No. 14 of 1982. Judgment Mustafa K..

Category: Company Law | Date: 26 Apr, 1984 | Hits: 6

Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)

....d against the princi­ple of natural justice. It was also alleged that the meeting was neither legally convened, not properly notified nor conducted in the manner as provided in the Recognised non-Government Secondary Schools Regulation 1973 herein after refer to as the Regulation. That the Board......dgment April 12, 1984. Result: The Rule is discharged. Cases Referred to- Short Vs. Henderson Ltd.; Gould Vs. Minister of National Insurance, All England Report 1941 (Vol.1); Bangladesh Small Industries Corporation. Vs. Mahabub Hossain, 29 DLR (SC) 39; 35 DLR 244; 13 DLR at ...... High Court Division (Jessore Bench) (Civil Revisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Sarder Ahmed Ali................................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12,......341;Vithoba Bhanji Vs. Vithal Sakroo, AIR 1958 (Bom.) at page 27; Abdur Rashid Vs. Hari Pada Sarker, 22 DLR at page 668. Lawyers Involved: Shaikh Razzaque Ali—For the Petitioner. Md. Abdur Rahim—For Opposite party No.1. Md. Latifur Rahman—For Opposite party No.1..

Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4

Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)

....rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47.   ......d between two students on one side and Serang and his clerk alongwith the Ansars who were on duty on the other side. After lodging the F.I.R. a case was started under sections 342/324/365/367/323/326 Bangladesh Penal Code being Daulatpur P.S. Case No.35 dated 27.9.83 corresponding to G.R. Case No.10...... A.M. Khan Chowdhury J M.S. Ali J Rafiqul Islam & others……………………………………Petitioners Vs. Md. Abdul Hoque & another…………………&helli......an Chowdhury J M.S. Ali J Rafiqul Islam & others……………………………………Petitioners Vs. Md. Abdul Hoque & another……………………&hellip..

Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1

Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)

....sion and none fought but the suit on such an issue. Further, though an entry in khatian is not an evidence of title, it would be a prima facie evidence of possession. Possession is so recorded in the Government record in the name of defendant No.1 and not in the name of the plaintiff. This the Court...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337   ......   ...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337   ..

Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4