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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. ......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. ......n Trading Company (1924) Vol. 79 Indian Cases 242; Civil Appeals No.28 and 29 of 1983 of the Appellate Division of the Supreme Court of Bangladesh; Thai Seree Fishery Co. Ltd & Thai Seri Cold Storage Co. Ltd. Vs. Amin Fish Farm & Industries Ltd. Lawyers Involved: M. HafizuUah with ..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 ......ct after the life-time of one or more persons living at the date of such transfer and the minority of some person who shall be in existence at the expiration of that period and to whom, if he attains full age, the interest created is to belong.” 3. It appears from a reading of this sectio......ter the life-time of one or more persons living at the date of such transfer and the minority of some person who shall be in existence at the expiration of that period and to whom, if he attains full age, the interest created is to belong.” 3. It appears from a reading of this section tha..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ...... and is appropriating the profits for himself and for those shareholders who are his relatives. Since 1977 the petitioner has not received any dividends on his shares. The Managing Director has taken full control of the Company's affairs and management in complete disregard of the righ...... The petitioner's case is that the nominal capital of May Industries Ltd., hereinafter referred to as the company, is Tk. 5 lakhs divided into 500 ordinary shares of Tk. 1000/-each. It is engaged in the manufacture of machines and machine parts. In 1976 the petitioner Motiur Rahman acquired..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
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. ......Books of Accounts but despite repeated requests he did not convene any meeting of the Managing Committee and a requisition meeting was convened on 21.6.76 where from the plaintiff was absent willfully and the meeting was adjourned till to 30.6.76. When on 30.6.76 the plaintiff attended the meet......ort Vs. Henderson Ltd.; Gould Vs. Minister of National Insurance, All England Report 1941 (Vol.1); Bangladesh Small Industries Corporation. Vs. Mahabub Hossain, 29 DLR (SC) 39; 35 DLR 244; 13 DLR at page 341;Vithoba Bhanji Vs. Vithal Sakroo, AIR 1958 (Bom.) at page 27; Abdur Rashid Vs. Hari Pada Sar..Category: Administrative Law | Date: 12 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. ...... appellant did not, in their letter dated 22-2-77 admit that the sum of US dollar 1,42,583.82 was still payable by them but it was true that by the said letter appellant agreed to pay Taka 10 lacs in full and final settlement of the dues. 6. The Additional District Judge, by his judgment dated......me payments made earlier were not included before and hence the amendment was necessary, Respondent, therefore, prayed for realisation of the amount with interest at the rate 7½% and liquidated damage 2% of the defaulted amount. 5. Appellant along with defendant-respondents 2—4 conteste..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....ied that all the requirements of the law have been strictly complied with. This is all the more necessary in a case where the service is not personal and also when the service is on a Pardanshin woman. An ex parte decree passed without service of summons is a nullity and on that ground it ......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. ......llip;………………….. (9, 11 & 13) Cases Referred to- Munshl Tamijuddin Vs. Altafuddin (1968) 20 DLR 901; Most Johra Vs. Rafiqul Kader, 25 DLR page 91 Lawyers Involved: A. Mannan Khan—For the appellants. Fazlul Karim with P..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....d that she understood the lame. Mr. S.M. Saleh Siddiqui, the learned advocate appearing on behalf 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 di......tiff 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 of the transaction and further that she had also independent advice. ......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 ..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
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 ...... 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 ......rt, Chittagong on 28.1.70 in Misc. Case No.47 of 1967 under section 47 Cr.P.C. arising out of Execution Case No.4 of 1967 which was started on 1.3.67 on the basis of an ex parte decree passed in Mortgage Suit No.43 of 1964 passed on on24.2.6. 2. Decree-holder appellant Priyatosh Talukdar as pla..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
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. ......44 of the Civil Procedure Code the Court s simply maintained status quo. With the above findings the learned Munsif observed that as defendant No.1 began to possess the land adversely within the full knowledge of the previous Mutawallis from 3.5.1937 and as the present suit was filed after 12 y......y, late Ali Ahmed Chowdhury's son Fakir Mohammad Chowdhury became a joint Mutawalli with his uncle Yousuf Ali Chowdhury. Yousuf Ali Chowdhury and Fakir Mohammad Chowdhury as Mutawallis mismanaged the wakf properties. They illegally transferred some wakf properties, allowed some wakf propert..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
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 ......f the proceesings of the general meeting or of resolutions of the Board of Directors or of minute books or of audited accounts or of any documents. It is the respondents case that the petitioners had full knowledge of the transfer of share of Taiwa to Sigma International Inc and it is only with a ma...... an order of injunction from participating and voting in the annual general meeting of the respondent No.1 company, the petitioners will be gravely prejudiced and shall suffer irreparable loss and damages. They contend that the name of Sigma International Inc. has been fraudulently and without suffi..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......s and subsequently installed a Saw Mill in 1957-58. They are owners of the suit land and all structures thereon. The defendant Nos. 4 and 5 are not sub-tenants of the defendant Nos. 2 and 3. They are full owners and proprietor of the defendant No. 1 Saw Mill. The plaintiff is a man of questionable a......ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ..Category: Evidence Law, Property Law | Date: 15 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 ......n described in details in the written statement, but it is not necessary to recount the same. With regard to the proceeding drawn up against the plaintiff it was stated that the plaintiff was given a full opportunity to defend himself against the charges, framed against him and the order stopping 3 ......he Accountant, Works Programme. Hence the plaintiff has been lowered in status against the principles of natural justice. With regard to the institution of disciplinary proceedings and stoppage of 3 increments the learned Subordinate Judge held that the law of master and servant does ..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
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. ......tter that they would be provided with shops in the proposed market building after its construction. All the affected 117 members of the Fish, Meat, Vegetable Market Shopkeepers Association lent their full support to the development plan the Corporation by publishing their consent in the Daily Azad o......y on the ground that the defendants have already appeared and a date has been fixed for filing written objection. So the petition for temporary injunction or status quo cannot be considered at that stage. 3. The plaintiff- appellant, it appears without waiting for the defendants to file their w..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
....sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ......nformant being in the company of other 3 co-accused. This shows that in the confession he simply stated the crucial portion that is necessary for involving him and the 3 co-accused. He did not give a full and free account of the occurrence in order to satisfy that he was really involved in the dacoi......sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
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. ...... from the mortgagee as consideration, and the possession having remained with the mortgagor with the right of reconveyance after payment of rent, the said finding of fact having been arrived at after full consideration of the evidence on record and the patta deed, the said could not be said to ......was & others.....................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..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
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. ......owever, remained vacant and in possession of the plaintiff-respondents. Defendant-appellants in collusion with each other and ignoring the plaintiff’s protest and also the lawyer’s notice, wrongfully reconstructed new huts and houses on the premises and refused to deliver possession of the la......coloring spices. This house was not constructed by the plaintiff’s predecessor. Rent was enhance from TK. 60/- to 75/- for the construction of pucca house. Some kutcha houses only were partly damaged by the fire. But they were repaired by the defendants and made habitable. There was no extinct..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....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. ....... Whether the accused petitioner has a subsisting interest in the premises in question or not, cannot ever be a question for the final adjudication of criminal Court. It is primarily, basically and fully a civil issue. If it is the combined, united and common stand of all the authorities charged w......000/- thereby in addition to the loss by way of payment of rent to the accused petitioner. On or about 1.1.75 the accused petitioner trespassed into and forcibly occupied the servant quarter and garage of the premise in question and refused to vacate the same on demand. As it caused annoyance to t..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
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 ......ngs to the deity there. Lack of the personal knowledge of the plaintiffs witnesses as to the exact time of dedication is understandable as it happened long ago. The documents on record, however, lend full support to the assertion of the plaintiff. In the S.A. record of right (Ext.1) at the column of...... goddess Kali. As her disciples increased, for the sake of the convenience she obtained permission of Amrita Prasad Sarkar for worship of the deity at the Moth. She at first established art earthen image of Kali in that Moth. Subsequently she brought a stone image of kali from Nabadwip, India, and i..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......s son, Pati Ram, defendant No. 2, inherited the property and possessed it in the same way. Defendant No. 2 executed a Power of Attorney dated 2-1-51. Ext. 1, in favour of one Sekandar giving him full power to transferred the suit land and Sekandar accordingly transfer the suit land consisting o......reversed the decision of the High Court which had interfered, in second appeal, with the lower Appellate Court's decision regarding a question of fact which was whether the land under a mortgage was sold away by the mortgagee. The Privy Council rejected the contention that 'entries in t..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
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. ......n. 13. 9 local witnesses were examined who may be grouped in 2 categories, namely, the relations and inmates of the house of the deceased Jitendra, namely, the informant P.W.1 Binode who was the full brother of deceased, P.W.2 Gonesh who was the minor son of the deceased P.W.5 Patoni, the wife ......ed Sudhir and Jogadish but all of them returned to the respective houses in the same night. After having failed to trace out Jitendra on search he informed about the missing of Jitendra to the co-villages as also to the members of the village Defence Party including Azizul Islam. At about 4 P.M. of ..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
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