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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   ......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   ......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)

....0/- annas share in the 'Ka' schedule property and have been possessing the same. 4. During the S.A operation the land was wrongly recorded in the name of the defendant No.1 Government of Bangladesh as khas land. On the basis of erroneous record of rights, the defendant No.13 and Hashem ......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

Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)

....nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163   ......nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163   ......nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163   ......rule is made absolute Cases Referred to- Makbul Vs. Md. Idris (1969)21 DLR-511; Mir Laik Ali Vs. Standard Vacuum Oil (1964) 16 DLR 287; Abdus Sattar Vs. Imam Hossain (1976) 28 DLR 256. Lawyers Involved: Abdul Quayum—For the petitioners. Hemayetuddin Ahmed—For th..

Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5

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

....so Subordinate to the High Court Division or to the Civil Court. 6. The Waqfs Ordinance is a special statute governing the law relating to the administration and management of waqf properties in Bangladesh. When the Administrator passes an order under Section 32 of the Waqfs Ordinance......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   ......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   ..................Opposite parties Judgment January 24, 1984. Result: The Rule is discharged Case Referred to- Md. Khorshed Alam Vs. Amir Sultan Ali Haider, 21 D.L.R. 799 Lawyers Involved: Md. Jamiruddin Sircar with Md. Asaduzza-man, Nazrul Islam & Enamul Haque&..

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.       ......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.       ......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.       ....... 968); Swarup Chand PLD 1947 P.C. 239; Sm. Palani Bala Debi Vs. Kalipada Chakravorty and others, 54 CWN 960; Vidya Varuthi Vs. Balusami, ILR 1944 Mad 831=48 IA 302 = 26 CWN 537=AIR 1922 PC 123. Lawyers Involved: Abu Taker Chowdhury—For the Appellants. Maqbul Ahmed—For th..

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)

....rder of stopping the proceeding and releasing the accused-opposite-parties has been challenged in these two rules. 3. Mr. A. F. M. Shahid, the learned Assistant Attorney General has appeared for Bangladesh, the petitioner in Criminal Revision No.140 of 1983 and Mr. Azizur Rahman Chowdhury, the ......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. ......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. ......................Petitioner Vs. Katu alias Abdul Latif & others.................Opposite parties Judgment January 18, 1984. Result: The Rules are made absolute. Lawyers Involved: Azizur Rahman Chowdhury—for the com­plainant-petitioner (In Crimina..

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

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

....O. 16/73 has no manner of application in the facts and circumstances of the present case. Cases Referred To- Syed Matiur Rahman Vs. The state 35 DLR (A) (D) 329; Baksu Mia Vs. Government of Bangladesh 30 DLR (SC) 228. Lawyers Involved: A.K.M. Shafiqur Rahman-For the Peti­tion......o;...Heard. This is a Case under Section 396 B.P.C. The date of alleged occurrence is 28-7-71. From the FIR it does not disclose anything that was done by the accused in connection with the National Liberation Struggle or for maintenance of law and Order to invoke the provision of P.O. 16/......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.   ......tion in the facts and circumstances of the present case. Cases Referred To- Syed Matiur Rahman Vs. The state 35 DLR (A) (D) 329; Baksu Mia Vs. Government of Bangladesh 30 DLR (SC) 228. Lawyers Involved: A.K.M. Shafiqur Rahman-For the Peti­tioner. Moazzem Hossain, D.A.G.-..

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

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

....CD) 114     ...... 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     ...... 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     .............Respondent Judgment December 13, 1983. Result: Appeal dismissed Cases Referred to- Buxly Paint (Bangladesh) Ltd. Vs. Bangla­desh, (1979) 31 DLR (AD) 266. Lawyers Involved: Khondaker Mahbubuddin Ahmed with Mirza Hossain Haider and Mokbul Ahmed—..

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.       ...... 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.       ...... 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.       ..............Petitioners Vs. Prof. Zillur Rahman & others............................Opposite-Parties Judgment December 12, 1983. Result: This Rule is made absolute. Lawyers Involved: K. Z. Alam with Mir Hashmat Ali— For the Petitioner. Sultan Ahmed ..

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)

....Japan (hereinafter cal­led Taiwai) became a share holder of the res­pondent No.1 Company Taiwa was holding in its own name 6993 shares of Tk. 100/- each amounting to a total of Tk 699,300.00. Bangladesh share-holders were holding 19.00/ share amounting to a total of Tk. 19, 00,700.00. 5......tile Mills Ltd.................Respondent Judgment November 24, 1983. Result: The prayer accepted Rectification of the Share Register Cases Referred To- Fry, Chase National Executors and Trustees Corporation Ltd. Vs. Fry and others (1946) 2 All E.R. 106; Transatla......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   ......ansatlantic Life Assurance Co. Ltd. (1979) 3 All E.R. 352; AIR Manual Third Edition, Vol, II pp 157-158; Grindtzys. Bank Limited Vs. Mtirree Brewery Company Ltd and another, PLD 1954 Lahore 745. Lawyers Involved: Syed Ishtiaq Ahmed with Rafique-ul-Huq & Rokanuddin Mahmood-For the Petit..

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

Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)

....erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37     ......erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37     ......erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37     ......ksh Builders and Financiers Ltd. and others AIR 1977 (S.C.) 409; Bhim Singh and another Vs. Kan Singh, AIR 1980 (S.C.) 727; Musammat Nurjahan Begum Vs. Mahmudur Rahman Mallik , BCR 1982 A.D. 104 Lawyers Involved: Farmanullah Khan with Mokbul Ahmed—For the appellants. A.S.M. Mofa..

Category: Property Law | Date: 23 Nov, 1983 | Hits: 3

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. ......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. ......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. ......i @ Md. Iman Miah & others, 1981 BLD (AD) 280; Akhtarunnessa and another Vs. Habibulla & others, 31 DLR (AD) 88; Abdus Samad & others Vs. Md. Sohrab Ali & others 33 DLR (AD) 113. Lawyers Involved: A.K.M. Skafiqur Rahman with Mustafa Niaz Muhammad—For the pre-emptee Ap..

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

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

....used simply on the ground of the absence of the complainant or his witnesses. (Mobarak Ali Gazi Vs. Mokbul Sardar, 23 DLR 96). 12. Recent substantive changes in the Code of Criminal Procedure in Bangladesh have not made any difference in the legal position in so far as the trial of a case be&sh......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. ......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. ..............................Opposite-Parties Judgment November 19, 1983. Result: The Rule is absolute. Cases Referred to- Mobarak Ali Gazi Vs. Mokbul Sardar, 23 DLR 96. Lawyers Involved: Md. Ansar Ali—For the Petitioner. Md. Altafur Rahman—For the..

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

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

....nt as they all raise a common question of law. 2. Dkakerwari Cotton Mills Ltd. Is the common respondent in all these applications. By P.O. No. 27 of 1972 it was nationalized and placed under the Bangladesh Cotton Mills Corporation. Article 23 of P.O. No. 27 of 1972 originally provided as follow....... Bangladesh Secretariat. Dhaka. No. MT/SH/5A/83/82/17 dated 25-1-82. Order. In exercise of the powers conferred by clauses (2) Article 23 of the Bangladesh Industrial Enterprise (Nationalisation) order the Dhakeswari Cotton Mills Ltd., an industrial enterprises under the Banglad...... 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.         ............................Petitioner Vs. Dbakeswari Cotton Mills Ltd. & others ............Respondents Judgment November 16, 1983. Result: The Rules are discharged. Lawyers Involved: Md. Shahjahan—For the Petitioner. A. M. Nooruddin Ahmed—For ..

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 ......ff is also the owner of two huts thereon. The defendant No. 2 took monthly lease of the suit land from the plaintiff in 1958 on a rental of Rs. 300/-, per month in the name of the defendant No. 1 M/S National Saw Mill. Defendant No. 3 was disclosed as the partner of the defendant No.2 in the busines......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 ......lip;(15) Cases Referred to- Chainchal Singh, A.I.R. 1946 (P.C.) (1); Jinnat Ali Muktear Vs. 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..

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

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

....561A of the Code of Criminal Procedure. The Rule arises out of a First Information Report lodged by the complainant on 24-12-80 whereupon a case under sections 147/143/-149/448/324/323/326/302/307/34 Bangladesh Penal Code was started and the same was numbered as G.R. Case No.1595 of 1980. 3. Po...... 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.   ...... 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.   ......dgment November 13, 1983. Result: The Rule is discharged. Cases Referred to- Md. Badir Mollah and others Vs. The State and others, Criminal Revision Case No.82 of 1983. Lawyers Involved: N. S. M. Nasirul Islam—For the Petitioners. M. A. Wahab, Deputy At..

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

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

....inant's son and other accused persons injured Shahid, Arshed and Ansar. 3. Police after investigation submitted chargesheet on 19.12.81 against the petitioners under sections 147/148/325/323 Bangladesh Penal Code read with section 4 and 5 of the Explosive Substance Act and 14 of the Special......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.       ......p;………Opposition Party Judgment November 13, 1983. Result: The Rule is discharged. Cases Referred to- M.G. Towab Vs. The State, 34 DLR page 390. Lawyers Involved: M. A. Aziz— For the Petitioners. M. S. M. Nazirul Islam— For..

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

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

.......Petitioner Vs. Mukhlesur Rahman.....................................Respondent Judgment October 30, 1983. Result: The appeal is allowed. Cases Referred To- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury 29 DLR (S.C.) 41; Bang­lad......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     ......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     ......n Chowdhury, 29 DLR (SC) 41; Bang­ladesh Biman Corporation, Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T. H. Khan with M, A. Wahab Miah—For the Appellant. B. B. Roy Chou..

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

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

....ing retrial--This is an abuse of the process of the court and must be set aside--Code of criminal Procedure (V of 1898) S. 561A……………(11) Case Referred to- Bangladesh Vs. Shajahan Seraj, 32 DLR (AD) 1, Lawyers Involved: Nurul Islam Chowdhury&mdas......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. ......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. ...... court and must be set aside--Code of criminal Procedure (V of 1898) S. 561A……………(11) Case Referred to- Bangladesh Vs. Shajahan Seraj, 32 DLR (AD) 1, Lawyers Involved: Nurul Islam Chowdhury—For the Petitioners. Moazzem Hossain Deputy..

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

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

.... in holding so in the affirmative the court had acted illegally in exercise of its jurisdiction rendering the proceeding coram non Judice. Under Section 371 of the Indian Succession Act as adopted in Bangladesh, the District Judge within whose jurisdiction the "deceased ordinarily resided at th...... 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.   ...... 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.   ......thers………………………………Opposite-Party Judgment October 23, 1983. Result: The Rule is discharged. Lawyers Involved: Molla Abdus Sattar with Sk. Ashraf Hossain M. A. Aziz—For the Petitione..

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