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Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)

....ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18.   ......) (Chittagong Bench) Present: F. H. Mohammed Habibur Rahman J Md. Abdul Jalil J Abu Taher and others......................................Petitioners Vs. Mst. Razia Begum and another..........................Opposite-Parties Judgment December 4, 1984. ......sp; ......isional Jurisdiction) (Chittagong Bench) Present: F. H. Mohammed Habibur Rahman J Md. Abdul Jalil J Abu Taher and others......................................Petitioners Vs. Mst. Razia Begum and another..........................Opposite-Parties Judgment D..

Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2

Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)

..... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66.       ......d: Azizul Haque—For the Appellants. Md. Mokhter Hossain—For the State. Criminal appeal No. 277 of 1981. Judgment Mustafa Kamal J.- Appellants Zaheda Bewa @ Zaheda Begum and Shah Md. Ali alias Shaheb Ali were convicted under section 302/34 of the Penal Code and se..........................Respondent Judgment October 25, 1984. Result: The Appeal is allowed. Cases Referred to- Nazir Ahmed Vs. King-Emperor, AIR 1936 (P.C) 253; Nurul Haque and others Vs. State 20 DLR (Dhaka) 780. Lawyers Involved: Azizul Haque—For the Appe......ivision (Rangpur Bench) (Criminal Appellate Jurisdiction) Present: Mustafa Kamal J Md. Abdul Wahab J Zaheda Bewa & anothers…...................Petitioner Vs. The State...........................................Respondent Judgment October 2..

Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6

Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)

....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......ed to appear before the Court. since neither the Upazilla Magistrate nor the Ex-Officio Sessions Judge asked the accused to appear before the trial court on any particular date including 23-1-S3 and subsequent dates nor directed the sureties to produce the accused on any such date, there was no......peal Jurisdiction) Present: F.H.M. Habibur Rah­man J S. Mohammed Ali J Kala Meah (Member)………………………Appellant Vs. The State........................................ Respondent Judgment July 22, 1..

Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1

Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)

....istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192.     ......here is no proper service if the Court fails to examine the peon and to satisfy itself as the service under Order 5 Rule 17 of the Code of Civil Procedure. Again in the case of Most. Johara Begum Vs. Rafiqul Kader reported in 25 DLR page 91 it has been held by another single Bench of this ......egally amounts to non-service of summons. Where a summons is returned under rule 17, the Court shall, if the return under that rule has not been verified by the affidavit of the serving officer, and may if it has been so verified, examine the serving officer on oath, or cause him to be so exami......   ..

Category: Administrative Law | Date: 21 Mar, 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       ......he Rule is discharged. Cases Referred To- Ayna Dasi Vs. Arena Bala Dashi and others, 12 DLR 603 ;Siddique Ahmed Chowdhury and others Vs. Ganl Ahmed and others, 33 DLR (AD) 1; Nawab Sekander Begum Vs. Zulfikar Walikhan A.I.R. 1938 (P.C.) 38; Faridunnesa Vs. Mukhtar Ahmed 30 C.W.N. 337; Suni......ellip;……………Opposite parties Judgment March 18, 1984. Result: The Rule is discharged. Cases Referred To- Ayna Dasi Vs. Arena Bala Dashi and others, 12 DLR 603 ;Siddique Ahmed Chowdhury and others Vs. Ganl Ahmed and others, 33 DLR (AD) 1......bsp;   ..

Category: Property Law | Date: 18 Mar, 1984 | Hits: 3

Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)

....l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in:  36 DLR (1984) (HCD) 292     ......l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in:  36 DLR (1984) (HCD) 292     ......mp; others..............................Respondent Judgment March 14, 1984. Result: The appeal is dismissed. Cases Referred To- Chittagong Port Authority Vs. Md. Ishaque and others, 35 DLR (AD) 364; Central Bank of India Ltd. Vs. M/S-Jan Md. Hazi Ismail 17 D.L.R. 582; C......High Court Division (Civil Appeal Jurisdiction) Present: Mohammad Habibur Rahman J Syed Mohammad Ali J Trustees of the Port of Chittagong.......................Appellant Vs. K. Mahbub Hossain & others..............................Respondent Judgment M..

Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3

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     ......the Supreme Court of India AIR 1974 (SC) 171; India Vs. Moksh 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 wi......ts Vs. Badsba Meah & others.......................Respondent Judgment November 23, 1983. Result: The appeal is dismissed Cases Referred To- Joydayal Fodder and another Vs. Mst. Hazra and others decided by the Supreme Court of India AIR 1974 (SC) 171; India......e Court High Court Division (Civil Appellate Jurisdiction) (Chittagong Bench) Present: Md. Altaf Hossain J Haji Ali Hossain & others..................Appellants Vs. Badsba Meah & others.......................Respondent Judgment November 23, 1..

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

Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)

....er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28.   ......IH SHEN and others....................Opposite Parties Judgment October 10, 1983. Result: The applica­tion is allowed. Case Referred To- Dr. M. Fazil Zahir Vs. Mst. Begum Jan, PLD 1966 (Lahore) 53; Rekanti Chinna Chattiyar and others Vs. Varadappa Chattiar and othe......urt High Court Division (Admiralty Jurisdiction) Present: Mustafa Kamal J Khan Sons (a private Ltd. Company)...................Petitioner Vs. Motor Vessel YIH SHEN and others....................Opposite Parties Judgment October 10, 1983. Result: ......) 28.   ..

Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12

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.   ......) 1024; Mahadeo Vs. Calcutta Dyeing and Cleaning Co., AIR 1961 Cal. 70; Kshitish Ch. Mondal Vs. Shiba Rani, AIR 1950 Cal 441; Jiwnalal and Co. Vs. Manot and Co., 64 CWN 932; Abdul Mutaleb Vs. Razia Begum, (1970) 22 DLR SC 134; National Carriers Ltd. Vs. Panalpina, (1981) 2 WLR 45. Lawye......Shahabuddin Ahmed J Chowdhury ATM Masud J SM Mohsen Ali J Azizur Rahman & others....................................Appellants Vs. Abdus Sakur and others…..................................Respondents Judgment June 29, 198......der Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J SM Mohsen Ali J Azizur Rahman & others....................................Appellants Vs. Abdus Sakur and others…..................................Respondents Judgme..

Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243

Bangladesh House Building Fin¬ance Corporation Vs. Bangladesh House Building Finance Corporation, 1982, 11 CLC (HCD)

....dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 282.         ...... June 15, 1982. Result: These Appeals are dismissed. Cases Referred to- Mahomed Musa and others Vs. Aghore Kumar Ganguli and other, AIR 1914 Privy Council page 27; N. Qamar Jahan Begum Vs. Ch. Bansi Dhar, AIR 1942 Oudh 231; Muralidhar Kulthia Vs. Sm. Tara Daye, AIR 1953 Calcutta......p;……………………Respondent Judgment June 15, 1982. Result: These Appeals are dismissed. Cases Referred to- Mahomed Musa and others Vs. Aghore Kumar Ganguli and other, AIR 1914 Privy Council page 27; N. Qamar Jahan Begum ......ate Jurisdiction) Present: Abdul Wadud Chowdhury J M.H. Rahman J Bangladesh House Building Fin­ance Corporation………………Appellant Vs. M/S Moinuddin Akhtaruddin Chowdhury…………………..

Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18.   ......case for the prosecu­tion is that P.W.4 Mokbul Hossain (63) and his wife P.W.3 Rabeya Khatoon (60) who arc the maternal grand-father and grandmother respectively of the victim girl P.W.2 Ferdousi Begum, live in village Keshabpur, P.S. Gobindagonj, Dist. Rangpur. P.W.2 Ferdousi Begum's father......ellip;……………………State Judgment May 6, 1982. Result: The Appeal is dismissed. Cases Referred to- Ab­dul Khaleque and others Vs. The State, 12 DLR (SC) 165; Eaar Ali and others Vs. The State, 11 DLR 249; Rashid Ah&......tion) Present: Mohammad Habibur Rahman J Mustafa Kamal J Abdul Quddus & Another…………………………Appellant Vs. The State…………………………&h..

Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1

Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)

....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250             ......l Jurisdiction) Present: Amin-Ur-Rahman Khan J Md. Reazul Karim...…………………………..Petitioner Vs. Mst. Shirin Begum……………………………&hellip......es. Civil Revision No. 76 of 1982. Judgment Amin-Ur-Rahman Khan J. - This Rule was obtained by the petitioner who was O.P. No. 1 in a preemption case to revise the concurrent judgments and other passed by the original and the appellate Court below refusing the present petitioner's...... (Civil Revisional Jurisdiction) Present: Amin-Ur-Rahman Khan J Md. Reazul Karim...…………………………..Petitioner Vs. Mst. Shirin Begum………………………&h..

Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2

Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....for pre­emption are affirmed. 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) 89.   ...... The Rule is made abso­lute. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah & ors., 31 DLR (AD) 88; Abdur Rahman Vs. Baser Ali and others, 21 DLR (Dacca) 599; Anwara Begum Vs. Maimuna Khatun Chowdhury and others, 1 BLD (HCD) 121; Md. Matiur Rahman Vs. Md. Iman Ali, ......ip;………………Opposite Parties Judgment December 10, 1981. Result: The Rule is made abso­lute. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah & ors., 31 DLR (AD) 88; Abdur Rahman Vs. Baser Ali and others, 21 DLR......;   Abdul Wadud Chowdhury J Sultan Hossain Khan J Shahidur Rahman Molla & others………………………Petitioners Vs. Abdul Halim Molla & others…………………&hell..

Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1

Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......te party Judgment December 10, 1981. Result: The Rule is made abso­lute. Cases Referred to- Md. Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah & others, 1 BLD (AD) 280;; Anwara Begum Vs. Maimuna Khatun Chowdhury and others, 21 D.L.R. (Dacca) page 599; Akhtarun Neesa and anothe......, 1981. Result: The Rule is made abso­lute. Cases Referred to- Md. Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah & others, 1 BLD (AD) 280;; Anwara Begum Vs. Maimuna Khatun Chowdhury and others, 21 D.L.R. (Dacca) page 599; Akhtarun Neesa and another Vs. Habibullah & ors., 31 DLR...... (Dhaka Bench) (Civil Revisional Jurisdiction) Present: Abdul Wadud Choudhury J Sultan Hossain Khan J Shahidur Rahman Molla & other……………………………Petitioner Vs. Abdul Halim Molla & others………………………Opposite party Judgment Decemb..

Category: Property Law | Date: 10 Dec, 1981 | Hits: 19

Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)

.... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116   ......d. This Case is also Reported in: 34 DLR (HCD) (1982)116   ...... Mortgage Does Automatically Mature Into a Sale— Section 67 of the Transfer of Property Act confers upon the mortgagee, any time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, a right to obtain from the C......16   ..

Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10

Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)

....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49   ......Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49   ......others.......Respondents Judgment June 30, 1981. Result: The Appeal is dismissed In ascertaining the Period of Time the General Expression is to be Ignored when the Beginning and the End of the Questioned Period of Time is clearly Specified and Dated— The relevant......1982) 49   ..

Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82   ...... 1 BLD (HCD) (1981) 82   ......rojul Huq with Zakir Ahmed, Advocates-For the opposite parties Criminal Revision No. 139 & 140 of 1980 Judgment Md. Altaf Hossain J.- These are two applications under sections 435 and 439 of the Code of Criminal Procedure. 2. The facts of Criminal Revision No.139 of 1980 ari...... (Criminal Revisional Jurisdiction) Present: Chowdhury A.T. M. Masud J Md. Altaf Hossain J Rokeya Begum…………………Petitioner Vs. Shafiqur Rah­man & state……………opposite parties ..

Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1

Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)

....ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ......e Rule are that the father of the petitioner by a deed of Waqf registered on 14.6.51 created a Waqf. It was provided in the said deed that after his death his daughter opposite party No. 2 Nurunnahar Begum and his grand-daughter opposite party No. 3 would jointly become Mutawallis of the said Waqf E...... are that the father of the petitioner by a deed of Waqf registered on 14.6.51 created a Waqf. It was provided in the said deed that after his death his daughter opposite party No. 2 Nurunnahar Begum and his grand-daughter opposite party No. 3 would jointly become Mutawallis of the said Waqf Estate....... High Court Division (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abul Hashem @ Abul Hasem talukder……………….Petitioner Vs. Administrator of Waqfs & others…………………..

Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1

Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)

.... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56       ......p;     ......p;……….Opposite Parties Judgment August 26, 1980 Result: The Rule is made absolute Case Referred to- Hakim Moulvi Md. Mahbub Ali Khan Vs. Bharat Indu and others. 23 CWN (PC) 321; Zinda Ram Lai Vs. Ramrup Das and others. AIR 1935 Pat 231; Promode Kuma......vision (Civil Revisional Jurisdiction) Present: Abdul Wadud Chowdhury J Md. Altaf Hossain J Mosammat Nurunnahar Begum & another ………..Petitioners Vs. Abdul Jabbar Mondal & others …………………&h..

Category: Property Law | Date: 26 Aug, 1980 | Hits: 2

Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)

....ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138.   ......ecuring the purchase price of the goods only, that is to say, property should be construed to pass on shipment subject to unpaid seller's lien……..(8) Case Referred To- M/S Begum Mills, Chittagong Vs. Arag Ltd, Karachi, 26 DLR 329 Lawyers Involved: Abu Taher Chow...... F.O.B. Contract (Free on board contract)– F.O.B are contracts where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property and the risk passes to the buyer, who is liable for subsequent charges, and payment for the goods be...... Abdul Wadud Choudhury J Md. Altaf Hossain J Biimillah Oil Mills………………………………Defendant-Appellant Vs. Messrs Arag Limited………………………..

Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1