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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 ...... Case is also Reported in: 36 DLR (1984) (HCD) 144 ......lliterate 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 of the transaction and further that she had also independent advice. The learned Advocate sub..Category: Property Law | Date: 18 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. ......wn costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ......ys available to the mortgagor. In the case of Abu Bakkar Vs. Nasir Ahmed reported in 34 DLR (AD) 237, the Appellate Division has held that the mortgagor in the case of a transaction of this nature which is deemed to be complete usufructuary mortgage under section 95A of the State Acquisiti..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
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 ...... The appeal is allowed. Cases Referred To- Muhammad Ramjan Vs. Fazlul Huq, (1963) 15 DLR 99=P.L.D. 1963 Dacca 987; Krishan Reddiar Vs. Ramanuja Reddiar, A.I.R. 192; Md. 492. Ma Dwe Vs. Ma Tin Lun, A.I.R. 1920(1963) 15 DLR 99 = PLD 1963 Dac 987 Lawyers Involved: MB. Rahman &mdash......or their pleaders shall be signed then and there by the parties or their pleaders. The note 1 to the rule reads as follows: “Note 1. While every endeavour should be made to get the signature of the pleaders concerned to important orders, their attention is drawn to the fact that it i..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
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. ......ed in: 38 DLR (HCD) (1986) 45. ......it necessary to decide this point in the present case because in our opinion the plain words of Article 134B do not permit such a plea to be raised;" Their Lordships therefore did not decide the nature of transfer whether void or voidable but in interpreting said Article 134B observed: &qu..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....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. ......rds at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ......wing withdrawal of the case. It is, therefore, beyond my comprehension how a Criminal Case could be allowed to be withdrawn on the mere wish of some authority specially in a case of such serious nature. I have also taken into consideration the Rulings reported in 32 DLR at Page 88 in the matter..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....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 ......to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......trol Act, 1947 is more or less analogous to section 13(4) (a) and (b) of the Foreign Exchange Regulation Act, 1947. The language of the prohibitions in the two statutes is also of analogous nature. 43. It has been held in Re: Fry, Chase National Executors and Trustees Corporation Ltd...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 ......o Reported in: 36 DLR (1984) (HCD) 37 ......SC) 171 it has been observed that the Courts will usually be guided by the following circumstances in deciding a question of benami, namely. (1) the source from which the purchase money came; (2) the nature and possession of the property, after the purchase; (3) motive, if any, for giving the transa..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
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 ...... This Case is also Reported in: 36 DLR (1984) (HCD) 71 ......Programme. 22. In view of the aforesaid state of status of the plaintiff it is not difficult to see that all the 3 orders against which he seeks declarations cannot be remedied by a suit of this nature. His relationship with his employer is, as learned Munsif has correctly found, that of m..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ...... immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ......hat the doctor was not available and his whereabouts were not known. The doctor opined that the deceased died due to shock and hemorrhage as a result of the aforesaid injuries which were homicidal in nature. After completing investigation P.W. 17 Sub-Inspector Nurul Huq submitted charge sheet agains..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107 ...............Appellant Vs. Haque Brothers Ltd...............................Respondent Judgment October 3, 1983. Result: Appeal is dismissed Cases Referred to- McCain International Ltd. Vs. Country Fair Foods Ltd. and anr., 1981 RFC 69(CA). Lawyers Involved: ......lthough the consumer could not have become aware of what the expression meant until the product came on the market; once on the market the name "Oven Chips" would inform the consumer of the nature of the product. It was also held that while a descriptive term may acquire a secondary meanin..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
....t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ...... Vs. Haque Brothers Ltd................................................Respondent Judgment October 3, 1983. Result: The appeal is dismissed. Case Referred to- Mc Cain International Ltd. Vs. Country Fair Foods Ltd. and another, 1981 R.P.C. (Reports of Patent. Desig......though the consumer could not have become aware of what the expression meant until the product came on the market; once on the market the name “Oven Chips" would inform the consumer of the nature of the product. It was also held that while a descriptive term may acquire a secondary meanin..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....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. ......immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ......sor Judge on the grounds not allowable under Rule 2 no consequence has been provided for in Rule 2 itself. As no consequence has been provided for Rule 2 should be construed to be merely directory in nature and not mandatory at all. He submits that it is a settled proposition of law that when the le..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
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. ......ers.....................Respondent Judgment August 23, 1983. Result: The appeal is dismissed. Cases Referred to- Hanif-un-Nessa Vs. Faiz-un-Nessa, 38 I.A. Page 85; Narasingherji Vs. Panuganti (1924) 51 I.A. Page 305; Abdul Khaleq Vs. Mst. Saiman Nessa Bibi; 19 D.L.R. p...... being so the oral agreement would be admissible under section 92 of the Evidence Act in order to find out from the surrounding circumstances the real intention of the parties to the contract and the nature and purpose of the contract. It would not be a case to vary the terms as such but a case of m..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......ies Judgment July 6, 1983. Result: The rule is made absolute. Whether a Written Document Considered as Best Evidence When there was admittedly a written document it was incumbent upon the plaintiff to produce the same as it was the best evidence- It is a cardinal ......were not entitled to invoke the discretionary jurisdiction of this Court under section 115 of the Code of Civil Procedure. The objection on the fact of it appears to be very tenuous in nature and thus need not detain us long. 6. Mr. S.R. Pal, learned Advocate for the petitioners,..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
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. ......95. ...... ''By its express terms s.56 of the Contract Act does not apply to cases in which there is a completed transfer. The second paragraph of s.56 which is the only paragraph material to cases of this nature has a limited application to covenants under a lease. A covenant under a lease to do an act..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......e appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......e doctor this injury caused the death of Rahim Sheikh. P.W.8 also examined deceased Mona Karati and found 5(five) injuries and according to the doctor these injuries were anti-mortem and homicidal in nature. The injuries as found by the doctor also corroborates the description of the eye witnesses t..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... 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 ...............Appellants 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......R. 1967 (S.C.) 1044 it is held that a suit filed by an idol for a declaration of title and possession of property from a person who is in possession thereof under a void alienation, being only in the nature of enforcement of a private right by the idol and not being for any one of the reliefs found ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)
....der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95. ......overnment of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95. ......i while he was earlier granted bail by the Sessions judge. It is submitted that such action was made by mistake and has undertaken that he will not commit such offence in future. Whatever be the nature of mistake, it is quite evident from the statement of the contemner that he cancelled th..Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......hir positively asserted that he did not make any confession or sign any confessional statement. 9. The learned Additional Sessions Judge ignored the report of the hand-writing expert that the signature by the name of Sudhir Chandra Roy in the recorded statement was not of the hand of accused Su..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......ujrat. 21) and Bhagwan Singh and others Vs. Additional Director of Consolidation and another (A.I.R. 1968 Punjab 360), it has been held that a writ proceeding cannot be treated to be in the nature of a suit and that section 141 of the Code of Civil Procedure does not apply literally to the..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
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