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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         ......n act law has not enjoined any time limit and as such the plain-tiff has a legal right to avail of the benefit of section 4 no matter that there has been delay in laying such claim. It is undisputed position of law that there is no time limit for laying a claim under section 4 of..

Category: Family Law | Date: 20 Jun, 1984 | Hits: 2

Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)

....tive Nos.158-177 instead of 81-100 with ulterior motive. Subsequently it was detected and accordingly the share certificate bearing No.010 with distinctive Nos.158-177 were declar­ed invalid by a resolution of the Board of Directors dated 20-4-80. The Company has made out correct share certifica...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41.         ..

Category: Company Law | Date: 26 Apr, 1984 | Hits: 6

Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)

....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 that the resolutions adopted by the Managing Committee of the Agarghata High School in removing him is illega......rtue of the title he seeks to es­tablish or be declared and that must be asked from the defendants immediately in consequence of the declaration for the dec­laration to be completed as to the dispute in its totality. Therefore, if a plaintiff would be entitled in some remote way, to some oth..

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   ......291 of Khatian 65 covering the area of 2.46 acres instead of plot No. 292 which was agreed to be leased out by the registered patta. 3. The defendant's case is that plot No.1292 which is the disputed plot including plot of 1292 and 1304 of khatian 65 belonged to Jalaluddin and others in kor..

Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4

M/s. Haque Bro­thers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)

.... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......t. The entire object of the writer is that the writer expresses in writing that the suit may be settled on the proposed terms. If they are acceptable, the parties will be bound by these terms and the dispute comes to an end. If the proposed terms become infructuous, they cannot be used in future aga..

Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105

Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)

....yamapada, Haripada and Shantipada in all eight persons attended that meeting. The plaintiff was also present in that meeting (as an observer). Among other things it was resolved in the meeting as per resolution Ext I (written by defendant 1(a) Chandra Sekhar) that the land surrounding the temple may......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221       ..

Category: Property Law | Date: 1 Apr, 1984 | Hits: 2

Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)

....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       ......of opposite party No.1, on the other hand, submits that as the plaintiff was a pardanashin illiterate woman a heavy onus lay upon the defendant-petitioner who has laid claim on the basis of the three disputed documents to prove that the plaintiff had executed them by fully understanding the nature o..

Category: Property Law | Date: 18 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             ......ossession of the suit land for over 12 years adversely to the defendants and their predecessor. Plaintiff’s title in 4.24 lands out of the suit land on the basis of registered kabala ext.2 is undisputed and has also been proved. Plaintiffs claim of right on the remaining 4.10 lands though on t..

Category: Property Law | Date: 13 Mar, 1984 | Hits: 3

Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)

.... 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. ......plaintiff-petitioner has taken me through the judg­ments of the Courts below. Mr. Formanullah Khan, the learned Advocate appearing for the defendant opposite-parties opposes the Rule. There is no dispute about the facts of the case as stated above. The subject mat­ter of the suit was nal lan..

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     ...... (now Assistant Custodian of Vested Property, Chittagong) has no locus stand! to file objection under section 47 CPC as be was not a party to the suit. The simple answer to this argument is that as undisputedly judgment, debtors Nos.1 to 4 are enemies ^within the meaning of Defence of Pakistan Ordin..

Category: Property Law | Date: 4 Mar, 1984 | Hits: 4

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   ......efore the lower Court, to come up here and say that he was negligent and careless in lower Court and should be allowed to urge his objections which if he had done before the lower Court the points in dispute could have been adjusted and settled in a satisfactory way by the lower Court.” 5..

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   ......tice the learned Munsif should have exer­cised his powers under section 151 C.P.C. 6. I find great substance in the submission of Mr. Chaklader. The plaintiff died on 14.3.76 and there is no dispute about the date of the plaintiff's death. Under Article 176 of the First Schedule to the ..

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

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

....of abandoned properties for incorporation of a new company in Bangladesh as a successor Company to the said Pakistani Company. Mr. Ghaznabi was asked to call a meeting of the share-holders to adopt a resolution for incorporation of a new successor Company and vest the business management with all it......red this appeal before this court. 6. In this case agreement of sale Ext, I was executed by Imperial Chemical Industries (Pakistan) Ltd. and the plaintiff on 17.8.70 admittedly, There is also no dispute regarding the fact that defendant paid Taka 33,000/-as earnest money to the Imperial Chemica..

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

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

....on­dent No.8 J. Ichii and one Mr. T. Takada as Directors. The present Board of Direc­tors of the company consists of respondent Nos. 2-7 and the petitioner No.1 Mr. Shamsul Huda by an illegal resolution of the Board of Directors dated 28.8.78 the petitioner No.1 has been removed from the Boa......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   ..

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

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     ......ty is damages for illegal dismissal or for any other illegal order. The suit is not maintainable in its present form. M. Mr. B.B. Roy Choudhury, learned Advocate for the plaintiff-respondent does not dispute that the plaintiff is not a Govern­ment servant, having not been appointed directly by t..

Category: Administrative Law | Date: 30 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.   ......ner on commission at Dhaka was also rejected by the said order. As against that this Rule was obtained from this court when this Court was also pleased to stay further proceedings in the matter under dispute. 3. Mr. Molla Abdus Sattar the learned Advocate appearing for the petitioner along with..

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

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 Town Sub-Inspector of Police where­upon the Sub-Divisional Magistrate by his order dated 29.3.83 drew up proceeding under section 145 Cr.P.C. restraining both the parties from entering into the disputed land and further appointed the officer-in-charge. Kotwali P.S. as receiver of the said prop..

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

Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)

....e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290   ......rsal in a suit for partition. The trial Court dismissed the suit whereas the lower appellate Court decreed the same against which the defendants have preferred this Second Appeal. 2. There is no dispute over the joint title and possession between the plaintiffs and the defendants with regard to..

Category: Property Law | Date: 4 Oct, 1983 | Hits: 2

Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)

....ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193     ......rishna Chandra and that opposite party No. 2 is also a co-sharer by inheritance in the aforesaid C.S. Khatian No. 803, that the opposite party No.2 by three different kabalas sold some portion of the disputed plot to the opposite party No.1 in the year 1972 and did not serve any notice of such trans..

Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2

Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)

....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87.   ......d as per the oral agreement but the defendant in violation of the agreement for reconveyance, in spite of plaintiff's demand for the same after tendering the loan money, forcibly entered into the disputed land and dispossessed the plaintiff on 12.3.58. Hence the suit for Specific Performance of ..

Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4