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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 ......t land. In this regard, I may refer to the decision reported in 16 DLR page 287 (Mir Laik AH Khan Vs. Standard Vacuum Oil Com) wherein it has been held by their Lordships of the Supreme Court of Pakistan as follows: "In the absence of some rebutting circumstances, a person in possessi......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 ..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....chaser went into possession immediately on purchase. The vendor previous Mutawallis resigned on 2-7-41. Thereafter the plaintiffs became the Mutawallis Plaintiff No.1 who was the only major member among the Mutawallis filed O.S. No.60 of 1984/43 of 1950 against the defendant on 2-4-1948 fo......injunction and the suit was dismissed on 30.5.61 and the same was also affirmed by the lower appellate Court on 26.12.61 and the plaintiffs took S.A. No.105 of 1962 in the High Court of the then East Pakistan and the learned Single Judge by his judgment and decree dated 23.8.65 decreed the suit hold......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. ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....ame out of his hut and further heard 20/30 shots of gun. He went towards the Bazar and saw that people were coming towards the house of Buzruz Mia Member. He also went towards the house of Buzruz Mia member and found that Buzruz Mia had died sustaining gun shot. Buzruz Mia member's wife daughter......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. ......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. ..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 ......fter called the appellant defendant) /or specific performance of contract contained in the agreement Ext. 1 dated 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 prop......the plaintiff when the struggle for national liberation was going on in the country and the plaintiff during that abnormal period had to remain in hiding to save his life from the Pakistan Occupation Army. In the meantime the liberation struggle ended and on 17.12.71 Bangladesh as a new nation came ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....he time being run tbe affairs of the compay denies the minority legitimate information but the minority must not consider itself to be a helpless onlooker. Section 36 of the companies Act enables any member of a company to inspect the register of members and to get a copy thereof. If he is refused i...... company in joint capital in the name and style of "Alauddin and Taiwa Textile Mills Ltd." for establishing weaving and dyeing factory of mainly black cotton umbrella cloth in the then East Pakistan. The said company was incorporated on 7.2.1964 as a private limited company. On 15.4.196 th......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)
....fendant-appellant, has raised only one point. He submits that the plaintiff being neither a Government servant nor an employee of a Local Council as defined in the Basic Democracies Order, 1959 nor a member of a definite cadre recognised by any statute he stands in the position of servant in relatio......cles 44 and 45 provide for appointment of Local Councils Servants. Accordingly, the local councils employed various employees. Their terms and conditions of service are governed by the East Pakistan Local Councils Service Rules, 1968 which were framed on 31.12.1968. It was clearly provided......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 ..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....l possession and that he rather wanted to take .possession through the proceeding under section 145 Cr.P.C. He further observed that the report of the C.O. (Rev), on the other hand, revealed that the members of the Second party were in possession since before 20.8.82 and that if there was an apprehe......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 ......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 ..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 ......sued by the Sub-Registrary of Jalpaiguri in India was not however formally admitted in evidence because being a forged document it was not attested by any authority of the Government in the then East Pakistan. So far this registered deed of gift is concerned, it included ail the plots of lands ......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 ..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....me Court Shall Have Such Jurisdiction as is or may be Conferred on it by Law - Martial Law Order No. 40 of 1982 is an existing law on injunction and no Court can ignore it. But it must also be remembered that in Clause 4(1) of the schedule added at the end of the proclamation of the 24th March,......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
..... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ...... tenant as provided by section 108 (e) of the Transfer of Property Act was rejected by the learned Judge of the High Court Division who on relaying on a decision of the High Court Division of East Pakistan in Golam Rahman vs. Mrs. Imratannessa, 22 DLR 126 held that the present, being one of comp....... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....er a registered deed of lease for 99 year in July, 1969 and built a double storied residential house thereon. Late Md. Aminuddin was stranded in Karachi in December, 1971 on a private visit while the members of his family including the petitioner were in Bangladesh and were living at Dhaka. As the p......r a careful perusal of the same, all that we have been able to decipher is that premises No.40, New D.O.H.S. Mohakhali, Dhaka belonged to a Behari late Md. Aminuddin who migrated with his family to Pakistan during the liberation war in 1971, leaving the said premises unprotected. Md. Aminuddin lat......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....ving the eye witnesses. In that view the argument of the learned advocate for the appellants fails. 9. Thus on a careful consideration of the materials on record we hold that the appellants were members of an unlawful assembly in prosecution of the common object of that assembly chased the dece...... is squarely on the point. In that case the accused was committed to the Court of sessions for trial on 6.6.63 and the trial commenced with the aid of assessors. By the Provincial Amendment Act (West Pakistan Act XVII of 1964) which came into effect on 1-4-64 the procedure for trial with assessors w......e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....robate of the will in 1964 and hence the suit is time barred. From Ext. F the power of attorney, it appears that Charu Bala was continuing the seba-puja of the deity. There is evidence on record that members of the Hindu community make their offerings of the deity. In view of the continuance of puja......llants Vs. Sree Sree Kalimata Bigraha.................Respondent Judgment April 14, 1983. Result: This appeal is dismissed. Cases Referred To- Province of East Pakistan Vs. Kshiti Dhar Roy and 3 others 16 D.L.R. (S.C.) 457; Sm. Panna Banarjee and others V...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......ompany" and "a bank" was also "included within" the definition of the said words. It is undisputed that before the nationalisation of banks in Bangladesh the National Bank of Pakistan and its branches were included within the definition of the words "commercial establis......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ..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. ...... dated 26th Oct. 1978, as such the hat in question vested in the Government from that date. In this connection reference may be made to the case reported in 25 DLR page 284 in the case of Prov. of E. Pakistan Vs. Md. Shahabuddin Gazi and others where it was field:— "Hats and bazars b......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. ..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)
.... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ......a Criminal case, therefore was not a judgment. This view of ours finds support from a decision in the case of S. Kuppuswami Rao Vs. The King reported in A.L.R. 1949 (F.C) 1. The Supreme Court of Pakistan also took a similar view in the case of Golzar Hasan Shah Vs. Ghulam Murtaza reported in 22...... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ..Category: Procedural Law | Date: 13 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. ......aruddin Chowdhury, 30 D.L.R. 344. 6. In the case reported in 14 D.L.R. (S.C.) 96, the facts are that on a number of dates fixed for hearing of a case against the accused U/Ss. 379 and 465 of the Pakistan Penal Code, no evidence was produced at all by the prosecution and so the trying Magistrate...... 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. ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
....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.
......ted instituted Title Suit No. 76 of 1958 in the 2nd Court of Munsif, at Moulvi Bazar, Sylhet against one Arjun Kurmi, predecessor of respondent Nos. 13 and against the erstwhile Province of East Pakistan. The plaintiff-appellant prayed for declaration of title and khas possession of agricu......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.
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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. ......ground that they having been discharged under section 209 Cr.P.C. it acted as a bar to a reference for fresh trial. It was under these circumstances that it was held by the Supreme Court of Pakistan that the consideration that in the case of an order of discharge passed on the merits, fres......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. ..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....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. ......n passed by the Subordinate Judge was not in accordance with law in view of the fact that the Civil court had no jurisdiction to pass an order of injunction in view of the provisions of the East Pakistan Government and Local authority, Land and Building (Recovery of Possession) Ordinance 1......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. ..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
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