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Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)
....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. ......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. ......llip;………………………………Opposite-Parties Judgment July 20, 1985. Result: the appeal is dismissed. Lawyers Involved M. Fazlul Karim— For the Appellant. No one— For the Opposite..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)
....es, namely, the Admiralty Court Act, 1861, Colonial Court of Admiralty Act, 1890 and the amendments thereof as made by British Parliament, the Administration of Justice Act, 1956 or at-least its principles as regards the Jurisdiction of the High Court of Admiralty of England as has be......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. ......ment July 8, 1985. Result: The order is stayed. Cases Referred to- AIR 1937 Calcutta 122 (123); 20 DLR 25; 34 DLR (AD) 110 (paras 9-10); 2 All ER, 274 (277). Lawyers Involved: S.A. Chowdhury with Mustafa Niaz Mohammad— For the Plaintiff. ..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. ...... 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. ...... Judgment April 10, 1985. Result: The Rule is discharged. Cases Referred to- Ashwini Kumar Karmakar and others Vs. Hari Mohan and others, 36 DLR (AD) 1; 27 DLR 413. Lawyers Involved S. C. Das with Nripendra Majumdar— For the Petitioner. M. Fazlul Ka..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ......ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ...... The Appeals are allowed. Cases Referred to- 30 DLR (HC) 244; 1970 PLD (SC) 460; 31 reports on Patent Cases 53; 33 Reports on Patent Cases 257; 25 Reports on Patent Cases 361. Lawyers Involved: Asrarul Hossain with Abdul Azim— For the Appellant (In both the appeals..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
....t to be agreed, so that there is not any definite contract at all which can be enforced, but only an agreement for a contact some of the terms of which are not yet agreed." Keeping these principles in view, there in no hesitation in saying that the High Court Division took the correc...... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ...... Cases Referred To- Hyam Vs. Cubbay, AIR 1916 page1 (EB); Rossiter Vs. Miller 1878, 3 A.C.1124 Lord Blackburn; Hatzfeld-Wildenburg Vs. Alexander 1912 1 Ch. 284-288 AIR 1933 PC 31. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Miah Abdul Gafur, Advoca..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....wellings Co. Ltd. Vs. Finsbury Borough Council, (1952) A.C. 109 (B), wherein Lord Asquith while dealing with the provisions of the Town and Country Planning Act, 1947, made reference to the same principle and observed:— "If you are bidden to treat an imaginary state of affa......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ...... New Shorrock Spg. and Meg. Co. Ltd. Vs. N.U. Raval, Income Tax Officer and another, AIR 1959 (Bombay) 477; Lal Girjesh Bahadur Pal Vs. Chaudhari Bhangwati Prasad, AIR 1942 Allahabad (F.B.) 153. Lawyers Involved: S. C. Das— For the Petitioner. Kazi Shafiuddin Ahmed, Deputy Attor..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....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. ......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. ...... 1984. Result: This Rule is discharged. Cases Referred to- 29 DLR (SC) at page 304; Dilumuddin Madbar and others Vs. Province of East Pakistan and others, 21 DLR at page 569. Lawyers Involved: Abdul Quaiyum with Moslem Ali Howlader Subodh Ranjan Dutta, and Tapan Kumar C..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ......espondent Judgment November 28, 1984. Result: The Rule in Criminal Misc. Case No.24 of 1984 is made absolute The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Att..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ......s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ......e Death Reference Case is rejected and the Criminal Appeal is dismissed. Cases Referred to- Abdur Rashid Vs. State, 27 DLR (AD) 1; Unniri Kannan Vs. the State, AIR 1960 Kerala 24. Lawyers Involved: Marfat Ali with Md. Altafur Rahman— For the Condemned Prisoner. Su..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....corded by the Magistrate. 14. Although the decisions referred to above relate not to confessions but to statements of witnesses recorded by Magistrates under section 164 Cr.P.C. nevertheless the principle is the same. There is a specific provision in the Criminal Procedure Code for examina......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......Sarkar Vs. State, 33 DLR 320; Nazir Ahmed Vs. The State, AIR 1936 (PC) 253; Kashmira Singh Vs. The State of Madhya Pradesh, AIR 1952 (SC) 159; Amir Hossain Howladar Vs. The State, 1984 BLD (AD). Lawyers Involved: Akram Hossain Amin with Sajjad Ali Chowdhury—For the appellants. M..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
.... Civil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the Statutory Tribunal has not acted in conformity with the fundamental principles of judicial procedure." From the observation of the Privy Council quoted above,...... 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. ......ncil, 67IA 282; Madbar Khan and others Vs. Province of East Pakistan and others, 17 DLR (Dhaka) 263; H.M. Saya & Co. Vs. Wazir Ali. Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50. Lawyers Involved: Sultan Ahmed, Deputy Attorney-General—For the Petitioner. B. N. C..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....ot been used by P.W.5. A hand-written statement on a plain piece of paper has been signed at the bottom by P.W.5 and that is what has been termed as a judicial al confession. 12. It is a settled principle of law that the requirement of adherence to the provisions of section 164(3) Cr.P. C........ Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ...... October 25, 1984. Result: The Appeal is allowed. Cases Referred to- Nazir Ahmed Vs. King-Emperor, AIR 1936 (P.C) 253; Nurul Haque and others Vs. State 20 DLR (Dhaka) 780. Lawyers Involved: Azizul Haque—For the Appellants. Md. Mokhter Hossain—For the..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......amp; others. ...................Appellants Vs. State......................................Opposite parties Judgment Aug 29, 1984. Result: The appeal allowed in part Lawyers Involved: Abdul Momin Talukder—For the appellants. Sultan Ahmed, D. A.G. wit..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ...... Article 104 to do complete justice in a case, it is declared that Gannysons Limited is not an abandoned property. It should, therefore, be immediately released…………(17) Lawyers Involved: T.H. Khan, Senior Advocate (M. A. Wahab, Advocate with him) instructed b..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
....llowed the prayer of the plaintiff on the ground that this is a "highly contested" matter and exercised discretion in favour of the plaintiff. Discretion is to be exercised in accordance with sound principles of law and not by humour. Only because it is a highly contested matter this power under...... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32....... Cases Referred to: Madhubhai Amthalal Vs. Amthal Nandalal, AIR 1947 Bombay, 156; Municipal Corporation of greater Bombay Vs. Lal Panchm and others A.I.R. 1965 (SC) 1008. Lawyers Involved: Rafique Ul Huq, Senior Advocate (Aminul Huq, Advocate with him) instruc..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ...... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ......dent Judgment August 13, 1984. Result: The appeal is dismissed. Case Referred To- Rambharosa Vs. Smt. Bifida Devi and another reported in A.I.R. 1956 Patna page 203 Lawyers Involved: Abdul Manan with Momtazuddin Ahmed-For the appellant. Mostafa Kamal Pash..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
.... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ..........................Informant-Petitioner Vs. Abdus Samad & others.................Opposite-Parties Judgment August 2, 1984. Result: The application is rejected. Lawyers Involved: Nozrul Islam Chowdhury—For the Petitioner. Criminal Miscellaneous ..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....declaration of her title to a legal character as legal heir of her father……............(10) Consequential relief relating to the possession does not arise It is a settled principle of law that if any plaintiff seeks any declaration of any right to property and he ha......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......Mongol Ghani, 45 CWN page 470;Chinneasami Mudaliar Vs. Ambalavana Muldaliar, ILR Madras page 48;Waryam Singh Vs. Mahtab, 26 PR 1903; Secretary of State Vs. Dhobu Ram, ILR (1944) Lahore page 168. Lawyers Involved: B. N. Chowdhury—For the Petitioner. P. K. Bose—For the Oppo..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
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. ......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. ......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. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ...... Bazlur Rahman..............................Appellant Vs. Jan Mohammad.............................Respondent Judgment July 24, 1984. Result: The appeal is allowed. Lawyers Involved: Azizul Hoq with Monsur Habib—For the Appellants. Md. Anser Ali&mda..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
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