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Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....rmani.............................Opposite-Party Judgment July 31, 1984. Result: The Rule is discharged. Negative declaration A negative declaration sought by the prayer for a declaration that defendant No.1 is not the adopted son of plaintiff's father but this, in ......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ...... July 31, 1984. Result: The Rule is discharged. Negative declaration A negative declaration sought by the prayer for a declaration that defendant No.1 is not the adopted son of plaintiff's father but this, in the facts and circumstances narrated the plaint tantamount to a ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....t No.24 of 1981. 2. The opposite party Nos.1-2 namely Saleh Ahmed and Mostafa Kamal as plaintiffs instituted the said Other Suit No. 24 of 1981 in the Court of Subordinate Judge, Cox's Bazar for specific performance of Contract of sale, delivery of possession after execution and registratio...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ...... the order No.19 dated 10.8.1982 passed by Mr. S.U. Mahmud, Sub-ordinate Judge, Cox's Bazar in Other Suit No.24 of 1981. 2. The opposite party Nos.1-2 namely Saleh Ahmed and Mostafa Kamal as plaintiffs instituted the said Other Suit No. 24 of 1981 in the Court of Subordinate Judge, Cox'..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
.... by the Subordinate Judge Rajabahi, in Title Appeal No. 120 of 1979 affirming the judgment and decree passed by the Munsif, Rajshahi, in O.C. Suit No. 17 of 1975 decreeing the suit in the preliminary form. 2. The plaintiff opposite party brought the suit for partition of her 8 annas share in th......efendants, share of the entire homestead plot and the decree did not suffer from any illegality nor Jack of Jurisdiction in passing the decree. 14. On looking into the plaint as it is stood upon amendment by an application made by the plaintiff to insert the claim for purchase under section&nbs......e Judge Rajabahi, in Title Appeal No. 120 of 1979 affirming the judgment and decree passed by the Munsif, Rajshahi, in O.C. Suit No. 17 of 1975 decreeing the suit in the preliminary form. 2. The plaintiff opposite party brought the suit for partition of her 8 annas share in the suit land compri..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....hellip;…………Opposite party Judgment June 12, 1984. Result: The appeal is dismissed. Whether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civi......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. ......the claimed amount of the suit.” As Civil Rule No. 33(F.M.) of 1984 for stay also arises out of the same appeal, the Rule is also being disposed of by the same judgment. 2. On 18-1-84 plaintiff respondent Sea Trade & Construction Ltd., 107 Agrabad Commercial Area, Chittagong file..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....arat Ali as plaintiff instituted the suit which was decreed by the trial Court and affirmed by the Court of First Appeal as stated above. 2. Mr. Md. Ahsanul Kabir, the learned Advocate appearing for the appellant has taken me through the judgments of the Court's below. The learned Advocate ......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 ......li in the first part of Chaitra, 1371 B.S. corresponding to the second part of March, 1965. On the appellant's failure to execute and register the kabala on demand, the respondent Basharat Ali as plaintiff instituted the suit which was decreed by the trial Court and affirmed by the Court of Firs..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....2. Facts in short are that 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 Schoo...... in need of any other consequential relief the suit will not lie. All this would depend upon the facts and circumstances of each case and this ought to be decided at the outset and allow an amendment of the plaint if so required after a objective examination of the further relief that need......ose passed by the Munsif, 3rd Court, Khulna in Title Suit No.324 of 1976. 2. Facts in short are that 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 tha..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
....ve the complainant's father who was scheduled to come on 26.9.83 at 7 PM. They went to launch Ghat but they did not find complainant's father in the launch. In the meantime the launch started for Khulna. Aforesaid Akramuzzaman and Mizanur Rahman requested the Serang to stop the launch a......wer to extend the time after the expiry of the time once granted by him. 4. Mr. M.S.M. Nasirul Islam the learned Advocate has appeared on behalf of the opposite part No.1. He submits that as per amendment of provision 167(6) Cr.P.C. the Sessions Judge was perfectly justified in granting time. A......rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
M/s. Haque BroÂthers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
.... terms and the dispute comes to an end. If the proposed terms become infructuous, they cannot be used in future against the writer in deciding the issues between the parties. If the document is formally proved, the Court can ultimately examine such letter. But if the entire letter is written â......of the respondent's dues in accordance with the provisions of Article 33 (1) of the President's Order No. 128 of 1972. After the closing of the arguments the respondent filed an application for amendment of their petition whereby their claim was shown reduced as under; 1st loan dollar 1,......M.A. No. 490 of 1979 and allowed F.M.A. No. 474 of 1980 on the findings that Exts. 8 and 9 series as also Ext. 10 were admissible and decree was accordingly passed for the amount shown in the amended plaint with interest as prayed for. 8. Being aggrieved by this judgment, appellant moved this..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....0/- to be deposited by the plaintiff in the Trial Court within 11 days of the judgment on the failure of which the plaintiff may get the kabala executed and registered through court. 2. The case for the plaintiff Shirish Chandra Das is that the suit land measuring.08 sataks (4 gandas) (as demar......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 ......Mr. Jalaluddin Ahmed, Subordiante Judge, 1st Court, Chittagong in Other Suit No. 25 of 1979 directing the defendants 1(a) to (c) to execute and register deed of sale transferring the suit land to the plaintiff on accepting Tk. 47,000/- to be deposited by the plaintiff in the Trial Court within 11 da..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
.... 35 DLR (AD) 364; Central Bank of India Ltd. Vs. M/S-Jan Md. Hazi Ismail 17 D.L.R. 582; Chittagong Port Authority Vs. Md. Ishaque and others 35 DLR. (AD) 364. Lawyers Involved: Makbul Ahmed for Muzammel Hug—For the appellant. M.A. Zalil for Rcfiqur Rahman-For the Respondent. ......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 ......es of the Port of Chittagong against the Judgment and decree dated 29.3.75 passed by Mr. Bazlur Rahman, Subordinate Judge, 3rd Court, Chittagong in Money Suit No. 130 of 1972. The respondent No. 1 as plaintiff instituted Money Suit No.130 of 1972 in the Third Court of Subordinate Judge, Chittagong f..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
.... Result: The appeal is allowed. Specific Relief Act (1 of 1877), Section 54. Obtaining Permanent Injunction-Exclusive Possession and a Prima Facie title is required Possession for more than 12 years can be protected by permanent injunction even against rightful owner. A perso......669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ...... more than 12 years can be protected by permanent injunction even against rightful owner. A person in long possession can be evicted only in due process of law. including the rightful owner. The plaintiffs and their predecessor have been in exclusive possession of the suit land for over 12 year..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....on 13.1.73 at about 4 P.M. four persons were kidnapped by the petitioners from Sobuj Sanga Club of Noahata Union, under Mohammadpur P.S. Jessore and another person was taken on the nextday at 10 a.m. for interrogation by petitioner No.14. All these five persons were untraced and as they were ki......ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......te, Magura against the final report who sent the petition to the Officer-in-charge Mohammadpur for enquiry and report. The complainant without waiting for the report filed another petition of complaint on 14.5.74 to the Sub-Divisional Magistrate, Magura regarding the same incident whereupon the..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....5(1) of the Code of Civil Procedure arises out of the following facts:— 2. The petitioner transferred certain property to opposite party Nos.1 and 2 by a registered kabala dated 20.05.1970 for a sum of Tk.4,700/-. On the same day a registered deed of agreement was executed by the parties ...... 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. ......o re-convey the property to the petitioner on receipt back of the consideration at any time within a period of 10 years on any date of Chitra and execute and register a kabala. The petitioner as plaintiff instituted other Suit No.87 of 1981 in the Court of Munsif, 5th Court, Sadar, Chittag..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....sif, 2nd Court, Perojpur in Title Suit No.199 of 1983. 2. The plaintiffs-petitioners instituted Title Suit No.199 of 1983 in the Court of Munsif, Perojour against the defendants-opposite parties for declaration of their title to the suit land and for confirmation of possession therein. The plai......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 ......dditional District Judge, 1st Court, Bakerganj in Title Appeal No.42 of 1978, reversing those, dated 30.12.77, passed by the Munsif, 2nd Court, Perojpur in Title Suit No.199 of 1983. 2. The plaintiffs-petitioners instituted Title Suit No.199 of 1983 in the Court of Munsif, Perojour against..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....Fazlul Karim, Fazlul Bari and Fazlul Kader are the male heirs of the original Wakf late Ahsan Ali Chowdhury. They are also joint Mutawallis in terms of the registered Wakfnama Ext.1. 3. The case for the plaintiffs respondents is that late Ahsan Ali Chowdhury created a wakf in respect of the sui......n it is the date of transfer. In the case of Sri Vidya Varuthi Thirtha Swamigal Vs. Balusami Ayyar and others reported in 26 CWN 537 (P.C.) which was decided by the Privy Council before the aforesaid amendment, it was held that "according to the well-settled law of India (apart from the questio......g in Title Appeal No.262 of 1961 dated 26.12.1961 and those passed by Mr. Md. Abdul Mhad, Munsif, 1st Court, Sadar, Chittagong in Title Suit No.80 of 1957/69 of 1959 dated 30.5.1961. 2. The five plaintiffs respondents, namely Syed Ahmed Chowdhury, Md. Yousuf Mia Choudhury, Fazlul Karim, Fazlul ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)
....Abdul Latif & others.................Opposite parties Judgment January 18, 1984. Result: The Rules are made absolute. Lawyers Involved: Azizur Rahman Chowdhury—for the complainant-petitioner (In Criminal Revision No.140 of 1983). Nikfiilesh Duitta&md......l on 18.08.1982 and it was then a pending case for disposal by him immediately before the commencement of the aforesaid Ordinance which was subsequently amended by the Code of Criminal Procedure (3rd amendment) 1982, hereinafter referred to as the Ordinance No. LX of 1982 which came into force on 30......dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....Habibur Rahman J. — This appeal is directed against the Judgment and decree passed on 30.11.77 in Other Suit No. 41 of 1974 by Mr. N. Ahmed, Subordinate Judge, First Court, Chittagong in a suit for specific performance of contract in respect of sale of immoveable property. 2. On 7.6.74 pl...... 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 ......77 in Other Suit No. 41 of 1974 by Mr. N. Ahmed, Subordinate Judge, First Court, Chittagong in a suit for specific performance of contract in respect of sale of immoveable property. 2. On 7.6.74 plaintiff respondent M/S. G.K. Brothers instituted Other Suit No. 41 of 1974 against the appellant d..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....n—For the Respondent Nos. 4 & 5. Matter No. 34 of 1983. Judgment Mustafa Kamal J.— On 14.9.1983 the 4 petitioners filed an application u/s 38 of the Companies Act 1913 for rectification of the share register of Alauddin and Taiwa Textile Mills Limited a private limite......by the fact that by the Amendment Act XXXIX of 1957 India decided to place the Foreign Exchange Regulation Act, 1947 on a permanent footing in its stature book and with that end in view effected some amendments by the said amending act. A new sub-section (4A) was introduced after sub secti......and Mr. T. Akada as manages of the Taiwa Co. Ltd. as defendant No.9. In the said suit he acknowledged that Taiwa still has shares in the respondent No.1 company. The respondents annexed a copy of the plaint of the said Title Suit Aanexure 2. 13. The respondents have also filed some documents wi..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....ellants. A.S.M. Mofakkar, S.C. Das—For the respondents. Appeal from Appellate Decree No. 364 of 1978. Judgment Md. Altaf Hossain J. - This second appeal arises out of a suit for declaration of title by purchase in benami. 2. The plaintiff Abul Meah, since deceased inst......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 ......dents. Appeal from Appellate Decree No. 364 of 1978. Judgment Md. Altaf Hossain J. - This second appeal arises out of a suit for declaration of title by purchase in benami. 2. The plaintiff Abul Meah, since deceased instituted the suit alleging that the lands described in schedul..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
.... the added land will not exceed the ceiling of land the pre-emptor are permitted to hold under the law has not been specifically and sufficiently denied by the pre-emptees….(18) Objection for Omission of Necessary party— Objection as to omission of Necessary party must be take......tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......4.1979. 8. On behalf of the pre-emptors three local witnesses were examined apart from a formal witness, namely P.W.4 Advocate Sarwar Kamal. They also exhibited the disputed Kabala Ext.1 and the plaint Ext.2 filed by the pre-emptees 1-5 against the Government and others in O.S. No.237 of 1981 i..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
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