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Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....evision would lie and in support of this he has referred to some decision of Indian Jurisdiction (Refer 2 Bombay Law Report page 84, A.I.R. 1924 Bombay page 527). There is no dispute as to this legal principle and it has also not been disputed by the petitioner before this Court either. 12. Hav...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ......quired by the conversion or exchange whether immediately or otherwise…… (6, 7 & 8) Cases Referred to- 30 DLR Dacca at page 4; AIR 1942 Nagpure; AIR 1930 Oudh 165; 2 Bombay Law Report page 84; AIR 1924 Bombay page 527. Lawyers Involved: Md. Abdus Sobhan, Advocate..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....within its strictly limited jurisdiction under section 100 of the Civil Procedure Code, in reversing, in a second appeal, the lower Appellate Court's decision keeping in view the established principle that no second appeal lies on ground of erroneous finding of fact, however, gross the erro......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......amaswamy Vs. S Hanymayya, AIR 1959 SC 57; Nafar Chandra Pal Vs. Sukur Sk, AIR 1918 PC 92; Dhenna Mal Vs. Roy Bahadur Moti Sagar, AIR 1972 PC 102; Wali Mohammad Vs. Mohammad Baks, AIR 1930 PC 91. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (M/s K. Z. Alam and Jamir-uddin Ahmed, A..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......ir and others Vs. Bashir and another, P.L.D1963 (W.P) Lah. 178, Chand and others Vs. Abdul Ghaffur and others, P.L.D. 1965 (W.P.) Lah. 596, Thakur Prasad vs. Fakirullah, I.L.R. 17 All 106 (P.C.) Lawyers Involved: Hamidul Huq Chowdhury, Advocate-For the Petitioner. A. Wadud Bhuiya, Add..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....p corporations. Broadly speaking they are called public corporations in contradistinction with private corporations set up under Companies Act by the citizens. The State policy is to utilize the principle of corporation. A corporation has its own independent existence distinct from the sha......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......es Referred to- Hussain Baksh Vs. Settlement Commissioner Rawalpindi, PLD 1970 (SC) 1; B.S.I. Corporation Vs. Mahbub Hossain Chowdhury, 29 DLR (S.C) 41; Tamlir Vs. Hannaford, 150 (1) KB 18. Lawyers Involved: Matiur Rahman, Assistant Attorney General— For the State-Appellant. ..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
....the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ......the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ......1983. Result: The Rule is discharged. Cases Referred to- 25 DLR at page 248, 476; Prov. of E. Pak. Vs. The Secretary Muktagacha Abbasia Senior Madrassa, 16 DLR (SC) page 281. Lawyers Involved: Syed Shamsur Rahman, Advocate— For the Petition. M.A. Wahab, Assis..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
....a Publication, AIR 1964 Punjab 428) In the case of PC. Sen. A.I.R. 1970 (SC) took the view that technical contempt should not give rise to any initiation of proceeding. The well established principle is that the court shall not impose a sentence for contempt of court unless it is satisfied...... order No. 4. The Project is financed by the World Bank and the construction work is supervised by the Water and Power Development Authority. The respondent firm was given the contract in the face of International competition. There has been no allegation from any quarter as to performance of the co......964 Punjab 428; PC. Sen. A.I.R. 1970 (SC); Parashura Debaran Vs. King, Sup. 45 C.W.N. 733; Adam Ali Vs Emp, AIR 1945 P.C. 147; Homi Rastomji Pardiwala Vs. Sub-Inspector Boig, 1944 ILR Lah., 196.
Lawyers Involved:
Syed Ishtiaq Ahmed, Senior Advocate Rafiqul Huq, Senior Advocate, Mahmudul Is..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
....ance with law and keeping the spirit of dispensation of justice. The Court which is functioning under the Code of Criminal Procedure must dispense justice in accordance with established judicial principles. 8. Thus the order of the learned Additional District Magistrate of Dinajpur da...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ......r that reason alone, the Court concerned cannot dispose of such appeals in such a perfunctory manner as has been done in the present case…………….(5 & 6) Lawyers Involved: Khondoker Saiful Hoque, Advocate— For the Petitioner. No one&mdash..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ......lip;…………(8 &12-15) Cases Referred to- Abul Hossain Sana Vs. Swalal Agarwala, 14 DLR (SC) 96; Md. Sharif and others Vs. Baharuddin Chowdhury, 30 DLR 344. Lawyers Involved: Jamiruddin Sircar with MA Wahab Mia and Mir Mahfuzur Rahman Advocate— F..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
.... enunciated in the above ruling. 5. Mr. Abdul Mannan Khan, the learned Advocate appearing for the petitioner submits that the learned District Judge committed an error of law in not applying the principle of law as enunciated in 29 D.L.R. (Dacca) at page 229 which applies with all force to the ......e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ......pendra Chandra Roy Vs. Jonab Ali, 29 DLR (Dacca) 1977 at page 229; Bandar Ali Halder Vs. Kalu Halder and others; Mohar Ali Mondal Vs. Shahabuddin Mia at page 27, 1 Bangladesh Case Report (1981). Lawyers Involved: Abdul Mannan Khan, Advocate— For the Petitioner. No one&mdash..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......er…………………………………State Judgment November 9, 1982. Result: This Rule is made absolute. Lawyers Involved: Majibur Rahman, Advocate— For the Petitioner. Shehabullah, A..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......variably criminal Courts subordinate to the High Court having superintending jurisdiction over such Courts………………………(7 & 9) Lawyers Involved: KZ Alam with Zamiruddin Ahmed, Advocates — For the Petitioner. ..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
....9 regarding the distinction between a lease and a license :—
"The line of demarcation between a lease and a license will sometimes be very thin though there is no doubt as to the principle applicable. A lease as will appear from section 105 of the Transfer of Property Act is a t......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......otel De Paris Ltd. (1960) 1 All E.R. 348; Crane Vs. Morris, (1965) 3 All E.R. 77; Addiscombe Garden Estates, Ltd Vs. Crabee (1957) 3 All E R. 563; Finbow Vs. Air Ministry, (1963) 2 All E.R. 647.
Lawyers Involved:
M. Hafizullah, Advocate instructed by Aftab Hossain, Advocate-on-Record - For..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ......sdiction. Cases Referred to- Abdul Hossain Sana Vs. Suwalal Agarwala and another, 14 DLR (SC) 95=PLD 1962 (SC) 242; Pir Badsa and another Vs. The State, 15 DLR (SC) 55; 14 DLR (SC) 96. Lawyers Involved: A Hasib with MA Tariq, Advocates— For the Petitioner. Sohrab Ali,..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....e powers co-extensive with the transferor court. Section 150 specifically provides that. But if transfer is of a particular case from the file of one court to another U/S 24, there is no reason under principle that the transferee court should not be held to have the same power as the court from whic......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......es Referred to- AIR 1914; (Cal. 815; 61 CLJ 543; AIR 1962 Cal. 519; AIR 1962 Pat. 443; AIR 1923 Mad. 92; 61 CLJ 543; AIR 1962 Cal 519; AIR 1914 Cal. 815; AIR 1968 Punjab (Hariana) page 374. Lawyers Involved: BN Chowdhury, Advocate with Parimal Chandra Guha Advocate— For the Peti..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)
....not a matter of procedure, it involves a substantive right. There is no scope for review of an order by which an award is made under subsection (1) of Section 7A of the Act. It is a settled principle of law the review is not a matter of procedure. It involves a substantive right. The ......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ...... Cases Referred to- Hussain Baksh Vs. Settlement Commissioner Rawalpindi, PLD 1970 (SC) 1; Manager Lever Brothers (Pak) Ltd. Vs. Lever Brothers (Pakistan) Ltd. Sramik Union, 25 DLR 242. Lawyers Involved: Abdul Hamid, Advocate—For the Appellants. Zinnur Ahmed, Advocate&..Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3
....dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
......dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
......1953 Calcutta 349; Kharadah Company Ltd. Vs. Raymon & Co. (India) Private Ltd., AIR 1962 (SC) 1810; Waverly Jute Mills Co. Ltd Vs. Raymon Co. (India) Private Ltd., AIR 1963 Supreme Court 90.
Lawyers Involved:
Md. Abdul Aziz, Advocate— For the Appellants.
Fakir Shahabuddin Ah..
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......F Chittagong. The agreement for sale was executed on 3rd July, 1981. Plaintiff-appellant established an irrevocable letter of credit in favour of defendant respondent No. 2 through American International Banking Corporation payable to defendant No. 2 through defendant No. 6. Plaintiff......khsh Vs. Settlement Commissioner, (1969) 21 DLR (SC) 456=PLD 1970 SC 1; R.P.0' Connor Vs. P.G. Sampath Kumar, A.I.R. 1953 Md 897; Jagannath Prasad Vs. Smt. Chandrawati, AIR 1970 All, 309 FB. Lawyers Involved: K.A. Bakr, Senior Advocate, M.H. Khondker, Senior Advocate, A. Wadud Bhuiyan ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
.... parties from being harassed and unnecessarily relegated to protracted litigation in a simple case.
12. Before I examine whether the present case is simple or not I like to reiterate the settled principle that in a proceeding under Section 38 the Petitioner is not entitled to a relief......Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
......da, Daddy, S. & others Vs. Irani K.R. 78 CWN 872; Sri Gulabrai Kalidas Naik and others Vs. Shri Laxmidas Lalubhai Patel of Baroda and others, 48 Company cases, 438; 7 PLR (Dacca series) 159.
Lawyers Involved:
Amirul Islam with Moinur Reza Chowdhury, Advocate- For the Petition..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....orroborated testimony of an accomplice but simultaneously the judge should also point out to the jury that it is within legal province to convict upon such uncorroborated evidence. The same principles apply in the case of trial by a judge without the aid of jury, Lord Reading observed. ......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ......ville, (1916) 2 KB 658; Shah Alam and others Vs. The Crown 10 DLR 237; Rameshwar Vs. The State of Rajasthan, (1952) SCR (India) 377; Momtaz Ahmed Khan Vs. The State 19 DLR (SC) 259 (265). Lawyers Involved: Md. Fazlul Karim, Advocate— For the Appellants. Kazi Safiudd..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... Property Act has no part to play. The decision in the case of Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others reported in 13 D.L.R. (S.C) 111 is distinguishable in facts and principles. It arose out of a reference. It rather assisted the plaintiff's case to this extent ...... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ......thers, AIR 1944 Privy Council 78; Venkatachallapathilyer Vs. China Muna Chakaran Panilyer, AIR 1922 (Madras) 83; Afser Molla and another Vs. Abdul Aziz and others, 29 DLR 416. Lawyers Involved: Abdur Rob (11), Advocate— For the Appellants. S.S. Halder, Ad..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
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