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Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......ce the accused neither can be said to have absconded nor can be said to have failed to appear before the trial court on any date fixed by the said court within their knowledge…........(8) Lawyers Involved: Siddique Ahmed Chowdhury with Mustafa Niaz Muhammad—For the appellant. ..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....is dismissed. The gist of section 157 of the Evidence Act is that former statement of a witness may be proved to corroborate his later testimony as to the same fact. It is based on the principle that if there is consistency between the previous statement and the present testimony of a......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. ......The State, PLD 1975, Karachi 275; Md. Anwar and others Vs. The State, PLD 1966 Lahore 643; Habibullah and others Vs. The State, PLD 1969 Supreme Court 127; the State Vs. Mokshed Ali, 20 DLR 714. Lawyers Involved: Md. Abdur Rahim— For the Appellant. Mohammad Abdul Haque—For..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ......arties Judgment July 10, 1984. Result: The rule is made absolute. Case Referred to- Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR page 239A. Lawyers Involved: S C. Das—For the petitioner. No one—For Opposite parties. ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....tituted by any other co-sharer because in a suit for partition all the parties are in the capacity of the plaintiff. In the case of Md. Habibullah Vs. Movl. Salek reported in 20 DLP page 489 the same principle has been followed. Besides that there were several other decision accepting the same propo....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ......rred to- Khirode Ch. Goshal Vs. Saroda 21 CLJ 525; Bota Krishna Vs. Akhoy Kumar, 15 CWN 450; Md. Magdu Bhuya Vs. Jabbar Huq (1959), 11 DLR 355; Habibulla Vs. Movi. Salek (1968), 20 DLR 489. Lawyers Involved: Md. Anser Ali with Abdul Majid-For the petitioners. B.N. Chowdhury with ..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....sp;5 of the Code. Movable properties casually brought within the court's jurisdiction should not ordinarily be attached unless there are other compelling reasons to do so Tested on this principle a foreign ship which is calling at international ports on her usual voyage, if comes withi......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. ......peals No.28 and 29 of 1983 of the Appellate Division of the Supreme Court of Bangladesh; Thai Seree Fishery Co. Ltd & Thai Seri Cold Storage Co. Ltd. Vs. Amin Fish Farm & Industries Ltd. Lawyers Involved: M. HafizuUah with Mokbul Ahmed and P. Bhattachariya—For the defendant-a..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......d. Affan and others Vs. Tazal Hoque and 42 others, 27 DLR 58; Rambaran Vs. Rani Mohit (1967) AIR (SC) 144; Gladstone Vs. A. B. M. Shayesta (1976) 28 DLR 344; Umar Vs. Fazal Din PLD 1952 Uh. 166. Lawyers Involved: Ahsanul Kabir-For the Appellant. No one—For the Respondent. A..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....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 ......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 ......lip;………..Petitioner Vs. Bazal Ahmed & others...........................Respondent Judgment April 26, 1984. Result: The appeal is dismissed. Lawyers Involved: A.K.M. Shqfiqur Rahman with M. Fazlul Karim—For the appellants. Az..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. ...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......d Jhunjhunwalla, A.I.R. 1976 (S.C.) 565; Bengal Waterways Vs. Rahimuddin Ahmed and others, 34 DLR (AD) 47; Ripon Press and Sugar Mill 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 Peti..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....d in the facts and circumstances of the case it is evident that o show cause notice was served upon the plaintiff only after he had already been removed from his post. This is a violation of the principles of natural justice which will be read into the law in its absence and then for the Courts...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ......poration. Vs. Mahabub Hossain, 29 DLR (SC) 39; 35 DLR 244; 13 DLR at page 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 ..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. ......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. ......dul Hoque & another…………………………Opposite-Party Judgment April 11, 1984. Result: The Rule is discharged. Lawyers Involved: M. A. Aziz—For the Petitioner. M. S. M. Nasirul Islam—For th..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....e the same by leading evidence to the satisfaction of the Court as to the existence of a fraud which would invalidate the document itself to the extent of the fraud committed. It is again the settled principle of law that a finding of a Court as to the existence of fraud or the non-existence of the ...... 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 ...... & others ......................Appellant Vs. Saijuddin & others..........................Respondent Judgment April 7, 1984. Result: The appeal is dimissed. Lawyers Involved: M. A. Aziz—For the Appellant. Syed the Shamsur Rahman- For Respond..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ......istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ......;……………….. (9, 11 & 13) Cases Referred to- Munshl Tamijuddin Vs. Altafuddin (1968) 20 DLR 901; Most Johra Vs. Rafiqul Kader, 25 DLR page 91 Lawyers Involved: A. Mannan Khan—For the appellants. Fazlul Karim with P.K. Base&mda..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....ispute that the plaintiff is a pardanashin illiterate lady. 3. In the case of Ayna Dasi Vs. Arena Bala Dashi and others reported in 12 DLR 603 it was held that "according to the established principle, in case of a document executed by an illiterate pardanashin lady, the burden lies on thos......for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ...... Vs. Hassan Ali Begunia, A.I.R. 1928 P.C. 303; Hemchandra Roy Chowdhury Vs. Suradhari Debya Chowdhurani, A.I.R. 1940 PC 134; Khurbuja Khir Vs. Jang Bahadur A.I.R. 1963 SC 1203. Lawyers Involved: Fazlul Karim—For the Petitioner. R M. Saleh Ahmed—For the Op..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....ure to do so has absolved the port authority, Here in this case it is a clear case of non-delivery of the car and automatically comes within the preview of section 50A of the said Act. This principle finds support in the case. 32. The case of Central Bank of India Ltd. Vs. M/S-Jan Md.......l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ......uthority Vs. Md. Ishaque and others, 35 DLR (AD) 364; Central Bank of India Ltd. Vs. M/S-Jan Md. Hazi Ismail 17 D.L.R. 582; Chittagong Port Authority Vs. Md. Ishaque and others 35 DLR. (AD) 364. Lawyers Involved: Makbul Ahmed for Muzammel Hug—For the appellant. M.A. Zalil for Rc..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ......669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ...... possession…............(8) Cases Referred To- Sadek Ali Vs. Suruj Ali & others, 5 DLR 95;7 DLR page 96;Chand Muhammad Mondal Vs. Fayezuddin Ahamed & others, 10 DLR 193. Lawyers Involved: P. K. Base with Mansur Habib—For the appellants. Md. Marfat All&md..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......DLR 96; Md. Mostafa Chowdhury Vs. Lila Rani Naundi, 22 DLR 199; Habibullah Chowdhury Vs. Abdul Kader Howlader, 29 DLR 338; Kanchan Ali Howlader Vs. Abdul Malek and others, 25 DLR 152;30 DLR 344. Lawyers Involved: Serajul Hoque—For the Petitioners. Syed Ghulam Mostafa—For t..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....t these words have given retrospective effect to section 87 but the extent of retrospective of the section could not go back to any date before the provisions of Part V had come into force. This principle would apply to the present case also. By the words "whether made before or after...... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ......to- Abdul Mannan and others Vs. Kulad Ranjan Mawali and others, 31 DLR (AD) 195; Bangladesh Vs. Haji Abdul Gani Biswas and ors, 32 DLR (AD) 233; Abu Bakkar Vs. Nasir Ahmed, 34 DLR (AD) 237, Lawyers Involved: A.K.M. Shafiqur Rahman with Mostafa Niaz Mohammad, Mokbul Ahmed—For the..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
.... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ...... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ......e Rules are discharged. Cases Referred to- National Bank of Pakistan Vs. Kushtia Sugar Cane Mills, 29 DLR 32;Goutam Ranjan Sen and others Vs. Bangladesh and others, 1981 BLD (A.D.) 126 Lawyers Involved: A. K. M. Shafiqur Rahman with Mustafa Neaz Muhammad—For the appellant. ..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....which-had been inadvertently committed, but that section could be properly invoked and, apart from points of procedure and otherwise, should be taken advantage of. It/was further, held that "the principle of forfeiture of rights in consequence of a default in procedure by a party to a cause is ......shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ...........Opposite party Judgment February 7, 1984. Result: the Rule is made absolute Case Referred To- Raja Debt Baksh Singh Vs. Habib Shah XVIII (19,13) C.L.J. (PC) 9. Lawyers Involved: Md. Sharifuddin Chakladerjor Md. Jamir-uddin Sircar—For the petitioners..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ......ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ........Opposite parties Judgment Feb 6, 1984. Result: The Rule is discharged. Specific Relief Act, 1877; Section 42; Code of Civil Procedure, 1908 (CPC), Section 115(1) Lawyers Involved: Hemayetuddin Ahmed with P.C. Guha—For the Petitioner. Md. Nizamul..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
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