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Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)

....the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253   ...... On 23.2.72 the plaintiff filed an application for partition through ah Advocate Commissioner. The plaintiff's prayer was allowed and a writ was issued appointing Mr. A. Rashid as Commissioner by order No. 78 dated 9.3.72. From 31.3.72 to 13.1.73, Order Nos. 79 to 86 "the Court awaited for ...... The appeal is allowed. Cases Referred To- Muhammad Ramjan Vs. Fazlul Huq, (1963) 15 DLR 99=P.L.D. 1963 Dacca 987; Krishan Reddiar Vs. Ramanuja Reddiar, A.I.R. 192; Md. 492. Ma Dwe Vs. Ma Tin Lun, A.I.R. 1920(1963) 15 DLR 99 = PLD 1963 Dac 987 Lawyers Involved: MB. Rahman &mdash......Dacca 987; Krishan Reddiar Vs. Ramanuja Reddiar, A.I.R. 192; Md. 492. Ma Dwe Vs. Ma Tin Lun, A.I.R. 1920(1963) 15 DLR 99 = PLD 1963 Dac 987 Lawyers Involved: MB. Rahman —For the petitioner. Abdullahe Bapi—For the Respondent. Appeal from Appellate Decree No. 234 of 198..

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

Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)

....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   ......6,76 the present petitioners as heirs and successors of the deceased plaintiff filed Miscellaneous Case No.191 of 1976 under Order 9, rule 4 read with section 151 C.P.C. praying for setting aside the order dated 16.4.76 and for restoration of the suit. By his judgment and order dated 26.6.76 the lea...... Vs. Md. Kabir Khan...............................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 Chaklad......DLR (1984) (HCD) 309   ..

Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1

Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)

....der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130   ......on No. 369 of 1983. Judgment Mustafa Kamal J.- This rule obtained under Section 115(1) and 115(3) C.P.C. as they stood on 27-10-83, calls into question the judgment and order dated 24-8-83 passed by Mr. Mahmudul Amin Choudhury, District Judge, Dhaka in Civil Revision C......risdiction) Present: Mustafa Kamal J Golam Ataher Chowdhury………………………………..Petitioner Vs. Administrator of Wakfs & others...................Opposite parties Judgment January 24, 1...... (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Golam Ataher Chowdhury………………………………..Petitioner Vs. Administrator of Wakfs & others...................Opposite parties Judgm..

Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1

Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)

....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45.       ...... Court amounts to possession of the appellant defendant, that the possession of the plaintiffs through court does not amount to discontinu­ance of the possession of defendant No.1 and that by the orders of injunction and by stay of defendants case for restitution under sec­tion 144 of the Ci......ed in: 38 DLR (HCD) (1986) 45.       ...... to Chittagong and raised objection against the mismanagement of the Wakf Estate by the Mutawallis Yousuf Ali Chowdhury and Fakir Mohammad Chow­dhury. He submitted a complaint to the Wakf Commissioner demanding the removal of the said Mutawallis. The said two Mutawallis resigned from their offic..

Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1

Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)

....dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ......vision No.140 of 1983). Criminal Revision No.121 of 1983 with Criminal Revision No. 140 of 1983. Judgment Sultan Hossain Khan J.—These two rules have arisen out of an order passed by the learned Additional Sessions Judge, 2nd Court, Comilla, treating the proceeding o......th the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ......Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Sultan Hossain Khan J Md. Abdul Rouf J Md. Suruj Mia..................................Petitioner Vs. Katu alias Abdul Latif & others.................Opposite parties Judgme..

Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132

Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)

....ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80.   ......sed. 3. On the basis of this FIR. G.R. Case No.166/71 was started under Section 396 of the Penal Code. Police submitted final report dated 30-12-71. Thereafter nothing appears from the order sheet of the said ease of the Magistrate. Informant Kasem Ali's son Ali Hossain, member of......rds at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80.   ...... Supreme Court High Court Division (Criminal Revisioal Jurisdiction) Present: Md. Habibur Rahman J Syed Mohammed Ali J Nazir Ahmed & others.....................Petitioner Vs. The State.....................................Opposite parties Judgment ..

Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2

I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)

.... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114     ......le against the defendant-appellant Company. The learned Subordinate Judge rightly decreed the suit and we find no reason to interfere with the same. In the result, the appeal is dismissed without any order as to costs. The judgment and decree of the trial court are upheld and confirmed. The plaintif...............Appellant Vs. M/s. G. K. Brothers...........................Respondent Judgment December 13, 1983. Result: Appeal dismissed Cases Referred to- Buxly Paint (Bangladesh) Ltd. Vs. Bangla­desh, (1979) 31 DLR (AD) 266. Lawyers Involved: Khond......ted 17.8.70 which devolved on appellant defendant No.1 from Imperial Chemical Industries (Pakistan) Limited. On 17.8.70 the plaintiff firm entered into an agreement to purchase the suit property mentioned in the schedule of the plaint in Mouza Purba Nasirabad, P.S. Panchalaish, Chittagong from Imper..

Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8

Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)

.... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83.       ......niversity—Appeared in person. Civil Revision Case No. 192 of 1983. In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting said judgment and order dated 30.6.83 passed by District Judge, Rajshahi in Misc. Appeal No.35 of 1983 dismissing the ......: 37 DLR (HCD) (1985) 83.       ...... High Court Division (Rangpur Bench) (Civil Revisional Jurisdiction) Present: Syed Muhammad Husain J Prof. M. A. Raquib & others...............................Petitioners Vs. Prof. Zillur Rahman & others............................Opposite-Parties ..

Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2

Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)

....ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309   ...... restrained from participating and voting in the annual general meeting of the respondent No.1 Company till four weeks from date. The respondents prayed for stay of opera­tion of this Court's order dated 14.9.83 before the Appellate Division. The leave petition was dismissed but it was direc......to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309   ......CD) 309   ..

Category: Company Law | Date: 24 Nov, 1983 | Hits: 4

Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)

....tly allowed. In the result, the appeal is dismissed with­out any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......itioners. S.C. Das—For the Opposite Parties. First Miscellaneous Appeal No.22 of 1993. Judgment Mohammed Habibur Rahman J.— This appeal arises out of the judgment and order passed on 05.06.1983 by the Subordinate Judge, Cox's Bazar in Misc. Case No.6 of 1981 allo......983. Result: The appeal is dismissed. Evidence Act, 1872 (1 of 1872); Section 21 & 145. Acceptability of previous statement— A party's previous statement regarding a fact in issue is relevant and can be used against him if he has not appeared in the witness bo......h Court Division (Civil Revisional Jurisdiction) Present: Mohammed Habibur Rahman J Syed Mo­hammed Ali J Sultan Ahmed and others......................Appellant Peti­tioners Vs. Md. Islam & others…………………&h..

Category: Property Law | Date: 20 Nov, 1983 | Hits: 88

Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)

....et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......li—For the Petitioner. Md. Altafur Rahman—For the Opposite Parties. Criminal Revision Case No. 61 of 1983. Judgment Mustafa Kamal J. - This Rule is directed against an order of acquittal dated 13.1.83 passed by Mr. A. H. Ahmed, Assistant Sessions Judge, Naogaon, in Se......ecessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ...... Court Division (Rangpur Bench) (Criminal Revisional Jurisdiction) Present: Mustafa Kamal J Md. Abdul Wahab J Md. Taheruddin......................................Petitioner Vs. Abul Kashem & others.............................Opposite-Parties Judgme..

Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4

Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)

.... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54.         ......o. 27 of 1972 originally provided as follows: “23. No. provision of law relating to the winding up of companies shall apply to a Corporation and a Corporation shall not be wound up save by order of the Government and in such manner as it may direct.” 3. By P.O. No. 37 of 1972 t...... others ............Respondents Judgment November 16, 1983. Result: The Rules are discharged. Lawyers Involved: Md. Shahjahan—For the Petitioner. A. M. Nooruddin Ahmed—For the Respon­dent. Matter No. 18 of 1983 with Matters No. 19-23, 28-31 and......     ..

Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5

Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)

....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......aintiff has been able to do so then the appellate Court below shall bear in mind the decisions cited by Mr. Khondker Mahbubuddin Ahmed. 18. In the result, the appeals are allowed but without any order as to costs. The judgment and decree of the appellate Court below are set aside and the appeal......rted in: 36 DLR (1984) (HCD) 285 ...... Abdul Majid, 27 DLR 385; M. Kallappa Setty Vs. M.V. Lakshminarayana Rao, AIR 1972 (SC) 2299. Lawyers Involved: Khondker Mahbuddin Ahmed with Mahbubey Alam—For the Appellant. No one—For the Respondent. Second Appeal No. 319 of 1965 Judgment Mustafa Kamal J...

Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3

Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)

.... proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 100.   ......torney-General—For the State. Criminal Revision No. 59 of 1983. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the opposite party to show cause why the order dated 12-5-83 passed by the Additional Sessions Judge Court No.11 Jessore fn Sessions Case No.......ue Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 100.   ......Bench) (Criminal Revisional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Anwarul Hoque Chowdhury J Mortoza Elahi @ Tipu & others...........................Petitioner Vs. The State.......................................................Respondent J..

Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1

Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)

....with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38.       ......with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38.       ......y J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38.       ...... Abdul Matin Khan Chowdhury J Anwarul Hoque Chowdhury J Abdul Mannan Sarder & others………………………………Petitioner Vs. The State………………………..

Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71     ......vants (Efficiency and Discipline) Rules, 1968 and the office memo dated 26.10.74 inflicting some puni­shment upon him are illegal, ultra vires, irregular and without jurisdiction and (3) that the order of dismissal from service by memo dated 4.8.75 is illegal, unwarranted and void. 3. The l...... This Case is also Reported in: 36 DLR (1984) (HCD) 71     ......     ..

Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1

Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)

....Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ......not inconsistent with the provision of this Act, shall apply to the proceedings of Special Tribunals. To prevent the abuse of the pro­cess Although this Court has no power to revise any order, judgment or sentence passed under the Special Powers Act but this Court has jurisdiction unde......s set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ......rt Division (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Md. Habibur Rahman J Syed Md. Ali J Abul Hossain & others............................Petitioners Vs. The State.............................................Petitioner Judgment ..

Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1

Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)

.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117.   ......ow­dhury J. - This rule arises out of an application under Section 115(1) of the Code of Civil Procedure filed by Mrs. Ummida Islam Khan wife of late Serajul Islam Khan @ Nasu Khan challenging an order dated 6.6.81 passed by the Subordinate Judge, Khulna, passed in Misc. Case No.48 of 1980 holdi...... This Case is also Reported in: 37 DLR (HCD) (1985) 117.   ...... Anwarul Hoque Chow­dhury J Mrs. Ummida Khan……………………………………………Petitioner Vs. Salahuddin Khan & others………………&hell..

Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3

Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)

....eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22     ...... 2". 4. Another incised wound on the right side of the forehead 1" X 1/2". 5. One incised wound in the left side of the back 21/2" away from the midline below the lower border of the left scapula measuring 2 1/2" X 1/2" X 2. 6. One perforated wound just 1...... immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22     ......preme Court High Court Division (Criminal Appellate Jurisdiction) Present: Mohammed Habibur Rahman J Syed Md. Ali J Nazimuddin and another..........................Petitioner Vs. The State………………………..

Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1

A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)

....e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ...... A.T.M. Afzal J. — This rule, at the instance of the 1st party-petitioner, arises out of a proceeding under section 145 of the Code of Criminal Procedure and it directed against judgment and order dated 30 5.83 passed by the learned Sections Judge, Comilla in Criminal Motion No.158/83 quash......ge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......984) (HCD) 18 ..

Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1