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Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......D) (1987) 242. ......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......l Haider Chowdhury J.- This appeal by special leave is directed against the judgment and decree passed by the High Court Division, Rangpur Bench, First Appeal No. 122 of 1981. 2. Respondent as plaintiff filed the suit being Other Class Suit No. 10 of 1972 in the Court of Subordinate Judge, Ra..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ...... afresh again in the light of fresh materials as may be legally brought in the record by the parties. The Commissioner's report is to be evaluated in the facts of the case on the evidence adduced and the Court has wide discretion in such matter. Mere acceptance of the report should not give rise......e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......Chowdhury J.- In this petition for special leave the point for consideration is the implication of report under Order 26, rule 10 of the Civil Procedure Code. 2. Defendant is the petitioner. The plaintiff-respondent filed a suit for declaration of title and recovery of khas possession after dem..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....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. ...... 2 All ER, 274 (277). Lawyers Involved: S.A. Chowdhury with Mustafa Niaz Mohammad— For the Plaintiff. M. Hafizullah with S. K. Siddique— For the Respondent Nos.2 and 3. Admiralty Suit No.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff ......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. ......ohammad— For the Plaintiff. M. Hafizullah with S. K. Siddique— For the Respondent Nos.2 and 3. Admiralty Suit No.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff has filed a suit in Admiralty jurisdiction for realisation of Tk. 17,87,363.18 against the..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. ....... Sudhir Kumar Chowdhury...........................Opposite-Party 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. Da...... 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. ......ng in Other Suit No.91 of 1980 rejecting the defendant's application dated 26.9.1983 praying for addition of Bangladesh Railway and its General Manager as defendants in the suit. 2. The plaintiff opposite party filed the said suit against the defendant for permanent injunction restrain..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. ......ted 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. ......arding infringements of trade marks. These two appeals have been heard together and are disposed of by this judgment as common questions of fact and law are involved in both of them. 2. The plaintiff has instituted the suits to restrain the defendants and/or their agents from using the pic..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
.... 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. ......owdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J H.N. Fabrics Ltd…………………………....Petitioner Vs. Mallick Textile Industries and others.……..Respondents Judgment January 15, 1985. Resu...... 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. ......k Textile Industries and others.……..Respondents Judgment January 15, 1985. Result: The petition is dismissed. Breach of contract The plaintiff is to prove the mutuality of the agreement in an action for breach of contract. ..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
.... 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. .......Respondent Judgment October 31, 1984. Result: The Rule is discharged. Cases Referred to- The Secretary of State Vs. Mask & Co. Privy Council, 67IA 282; Madbar Khan and others Vs. Province of East Pakistan and others, 17 DLR (Dhaka) 263; H.M. Saya & Co. Vs. Waz...... 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. ......n J. - This Rule is directed against the appellate order of the District Judge arising out of an application for temporary injunction under Order 39 Rule 1 of the Code of Civil Procedure. 2. The plaintiff-opposite party is the elected President of the Bogra Chamber of Commerce and Industry..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
.... 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.......ed. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XVIII, rule 17. Discretionary power under Order XVIII, rule 17 to recall a witness must be exercised judicially and not arbitrarily. Discretionary power under Order XIIX rule 17 of the Code of Civil Pro...... 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.......cised for helping the litigant who is not vigilant and certainly such power cannot be exercised for giving undue advantage to a party .........(4) Exercise of discretion for recalling the plaintiff after 2½ years was irregular exercise of power and such order must be set aside. The App..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 ......ab………………Respondent 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 Momt...... 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 ......39;s appeal and affirming the judgment and decree dated 28.12.72 passed by Mr. Md. Habibullah, Munsif, 1st Court at Sadar, Chittagong in Other Suit No. 109 of 1965. 2. The respondent Nos. 1-3 as plaintiffs instituted Other Suit No. 109 of 1965 in the 1st Court of Munsif, Sadar, Chittagong for d..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....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. ......s also Reported in: 37 DLR (HCD) (1985) 49. ......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. ...... July 31, 1984. Result: The Rule is discharged. Negative declaration A negative declaration sought by the prayer for a declaration that defendant No.1 is not the adopted son of plaintiff's father but this, in the facts and circumstances narrated the plaint tantamount to a ..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. ......rahim Khalil @ Ibrahim Khalil..................Respondent Judgment July 24, 1984. Result: The Appeal is allowed. Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and ors,. A.I.R 1960 S.C. 115; Sarju Perhad Vs. Jwaleshawar; Pratap Narain Singh, A.I.R. 1951 (SC) 1......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. ......72. Judgment Md. Altaf Hossain J. - This Second Appeal arises out of a suit for specific performance of contract. 2. Dula Meah, appellant since deceased and substituted by his heirs as plaintiff filed other suit No.45 of 1967 in the Court of Munsif, North Raozan for specific perf..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. ...... Appellants. Md. Anser Ali—For the Respondent. Second Appeal No. 79 of 1979. Judgment Amin-Ur-Rahman Khan J. - This appeal by the plaintiffs is directed against the judgment and decree passed by the Additional District Judge, Pabna in O.C. Appeal No.63 of 1977 reversing the......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. ...... Azizul Hoq with Monsur Habib—For the Appellants. Md. Anser Ali—For the Respondent. Second Appeal No. 79 of 1979. Judgment Amin-Ur-Rahman Khan J. - This appeal by the plaintiffs is directed against the judgment and decree passed by the Additional District Judge, Pabn..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
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 ......ed & others. ...................Opposite parties 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 petition...... 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 ...... the order No.19 dated 10.8.1982 passed by Mr. S.U. Mahmud, Sub-ordinate Judge, Cox's Bazar in Other Suit No.24 of 1981. 2. The opposite party Nos.1-2 namely Saleh Ahmed and Mostafa Kamal as plaintiffs instituted the said Other Suit No. 24 of 1981 in the Court of Subordinate Judge, Cox'..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
..... 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 ......uya 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 P.K. Base and Mansur Habib-For the Opposite Parties. Civil Revision Case No. 1750 of 1981. Judgment ....... 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 ......e Judge Rajabahi, in Title Appeal No. 120 of 1979 affirming the judgment and decree passed by the Munsif, Rajshahi, in O.C. Suit No. 17 of 1975 decreeing the suit in the preliminary form. 2. The plaintiff opposite party brought the suit for partition of her 8 annas share in the suit land compri..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....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. ......hether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civil Procedure (V of 1908) Or. 38 rs. 5 and 6. Cases Referred To- Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipp......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. ......the claimed amount of the suit.” As Civil Rule No. 33(F.M.) of 1984 for stay also arises out of the same appeal, the Rule is also being disposed of by the same judgment. 2. On 18-1-84 plaintiff respondent Sea Trade & Construction Ltd., 107 Agrabad Commercial Area, Chittagong file..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 ......man Khatoon & others……………….Respondents Judgment June 9, 1984. Result: The appeal is dismissed. Cases Referred to- Md. Affan and others Vs. Tazal Hoque and 42 others, 27 DLR 58; Rambaran Vs. Rani Mohit (1967) AIR (SC) 144; Gl......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 ......li in the first part of Chaitra, 1371 B.S. corresponding to the second part of March, 1965. On the appellant's failure to execute and register the kabala on demand, the respondent Basharat Ali as plaintiff instituted the suit which was decreed by the trial Court and affirmed by the Court of Firs..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ......e is discharged. Civil Procedure Code, 1908; Section 24 Transfer of suit when should be allowed – Ordinarily the plaintiff as the arbiter it is has the right to choose his forum and the courts should be very reluctant to disturb this right unless the defendant establishes a bal......are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ......arties Jugdment May 30, 1984. Result: The Rule is discharged. Civil Procedure Code, 1908; Section 24 Transfer of suit when should be allowed – Ordinarily the plaintiff as the arbiter it is has the right to choose his forum and the courts should be very reluc..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
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 ......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 ...... P.S. Rangunia belonged to the Government in khas. In Settlement Case No.186B of 1961-62 the Additional Deputy Commissioner (Revenue), Chittagong (Respondent No.3) settled 4.20 acres of land with the plaintiffs and 6.60 acres of land with respondent Nos.4-7. The plaintiffs moved the Commissioner of ..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... 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. ......n (Jessore Bench) (Civil Revisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Sarder Ahmed Ali................................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: ...... 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. ......ose passed by the Munsif, 3rd Court, Khulna in Title Suit No.324 of 1976. 2. Facts in short are that G.M. Ali Baksha, Headmaster of Agarghata High School P.S. Paikgachha, District Khulna as sole plaintiff filed a suit, being Title Suit No.324 of 1976 in the Court of Munsif for a declaration tha..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... 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 ...... Appellant. Syed the Shamsur Rahman- For Respondent Appeal from Apaellate Decree No.153 of 1978. Judgment Anwarul Hoque Chowdhury J. - This appeal is directed against the judgment and decree dated 26.7.74 passed by the Additional District Judge Khulna reversing those passed by th...... 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 ...... 2. Plaintiffs filed the suit for declaration of title and confirmation of possession in the plot No.1292 of khatian No.66 and prayed for injunction restraining the defendant from interfering with plaintiffs possession in the suit land on the allegation that the suit jote belonged to the father o..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
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