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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.       ...... by the wakf deed the previous sanction of the Commissioner shall not be necessary, but a notice of the proposed transfer in such form and containing such particu­lars as may be prescribed by the Board shall be sent by the Mutawalli to the Commissioner one month before the transfer is made. ......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.       ...... Present: Fazle Husain Mohammed Habibur Rahman J Syed Mohammad Ali J Nezamat Ali.................................................Defendant-Appellant Vs. Syed Ahmed Chowdhury and others.................Plaintiff-Respondents Judgment January 18, 1984. Result: ..

Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1

Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)

....o;...Heard. This is a Case under Section 396 B.P.C. The date of alleged occurrence is 28-7-71. From the FIR it does not disclose anything that was done by the accused in connection with the National Liberation Struggle or for maintenance of law and Order to invoke the provision of P.O. 16/......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.   ......ent have stated that the accused are freedom fighters does not ipso facto give any indemnity for committing any offence against innocent citizens. P.O. 16/73 has no manner of application in the facts and circumstances of the present case. Cases Referred To- Syed Matiur Rahman Vs. The state..

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     ......e shareholders of the company to adopt a resolution for incorporating a new company in Bangladesh as successor of the former Pakistani Company, allot shares to the respective shareholders, constitute Board of Directors and vest business management of the company with all its assets and liabilities i...... 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     ......eal dismissed Cases Referred to- Buxly Paint (Bangladesh) Ltd. Vs. Bangla­desh, (1979) 31 DLR (AD) 266. Lawyers Involved: Khondaker Mahbubuddin Ahmed with Mirza Hossain Haider and Mokbul Ahmed—For the appellant. Muzammel Hossain with Syed Moazzem Hossain—For ..

Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8

Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)

....tile Mills Ltd.................Respondent Judgment November 24, 1983. Result: The prayer accepted Rectification of the Share Register Cases Referred To- Fry, Chase National Executors and Trustees Corporation Ltd. Vs. Fry and others (1946) 2 All E.R. 106; Transatla......ames have been mutated in the share register of the company. Between 4 of them the petitioners hold 2,481 shares of Tk. 100/- each out of a total of 26,000 shares. It has been further stated that the Board of Directors of the company at all material times included 2 representatives of Taiwa, namely,......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   ..................Respondent Judgment November 24, 1983. Result: The prayer accepted Rectification of the Share Register Cases Referred To- Fry, Chase National Executors and Trustees Corporation Ltd. Vs. Fry and others (1946) 2 All E.R. 106; Transatlantic Life Assurance..

Category: Company Law | Date: 24 Nov, 1983 | Hits: 4

Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)

....ff is also the owner of two huts thereon. The defendant No. 2 took monthly lease of the suit land from the plaintiff in 1958 on a rental of Rs. 300/-, per month in the name of the defendant No. 1 M/S National Saw Mill. Defendant No. 3 was disclosed as the partner of the defendant No.2 in the busines......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 ......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 ......ahbubey Alam—For the Appellant. No one—For the Respondent. Second Appeal No. 319 of 1965 Judgment Mustafa Kamal J. - These two Second Appeals have been heard together and will be disposed of by same judgment as they arise out of the same appellate judgment. 2. T..

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     ...... Reported in: 36 DLR (1984) (HCD) 71     ......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     ......R (S.C.) 41; Bang­ladesh Small Industries Corporation Vs. Mah-boobHossain Chowdhury, 29 DLR (SC) 41; Bang­ladesh Biman Corporation, Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T..

Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1

Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)

.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117.   ...... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117.   ...... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117.   ......in short are that the opposite party Sayeda Sultana Khan, second wife of late Serajul Islam Khan @ Nasu Khan filed a certificate case being Miscellaneous Case No.48 of 1980 after the death of her husband in the Court of the learned Subordinate Judge, Khulna for the grant of a Succession Certificate ..

Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3

Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)

....k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107   ......k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107   ......is in possession of the same. The government assessed the compensation at Rs. 150/- per month which was paid upto 1956 thereafter the government did not pay any compensation. The plaintiffs moved the Revenue Authority for relief but as they got no relief from there, they had to file the suit for dec......; 14. Condonation of delay in filing appeal – Whether time spent by filing a case in the wrong forum due to mistaken advice is to be condoned--That mistaken advice given by a counsel and for that matter even by a senior counsel may constitute sufficient cause for condoning deley if ..

Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6

Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)

....ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193     ......ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193     ......ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193     ......oint holding sub-section (3) of section 117 that that when an order under sub section (1) has been passed subdividing a joint holding, such sub-division may be demarcated on the ground and shown on the cadestral survey map. Thus the scheme of sub-division is very much clear for the pu..

Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2

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.   ......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.   ......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.   ...... Respondent. Appeal from Appellate Decree No. 693 of 1968. Judgment Anwarul Hoque Chowdhury J.- This appeal at the instance of the defen­dant Jaha Baksha Par, son of late Madhu Par and on the death of said appellant his heirs namely, Mozem Par, Ahmed Ali Par and Asmani Bibi is dir..

Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4

Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)

....nheritance. His two brothers and other heirs of Tripura Sundari & Basanta Kumari left for India immediately after the partition of the subcontinent and have been residing there by adopting Indian Nationality. Thus their share in the aforesaid lands including the suit land became enemy property w......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   ......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   ...... This Case is also Reported in: 36 DLR (1984) (HCD) 235   ..

Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3

Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)

....yeing 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. Lawyers Involved: M. H. ....... 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.   ....... 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.   ......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..

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. ......ed property the petitioner on behalf of himself and his other co-sharer submitted a represen­tation to the Executive Officer. Dhaka Canton­ment who is the Authorised officer of the Dhaka Cantonment Board Dhaka under P.O. No.16 of 1972. After hearing the petitioner the said Cantonment Executive Off......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. ...... & others……………..Oppo­site-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- Chairman, Bangladesh Steel Mills Corpo­ration Vs. Masood Raza and others, 30 DLR (SC) 169, Government of Bangladesh Vs. A.T.J Industries, 28 DLR (AD) 120. Lawy..

Category: Criminal Law | Date: 23 May, 1983 | Hits: 27

Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)

....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126.   ......osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126.   ......south-east part of plot No.66 of khatian No.188(1) was recorded in S.A. khatian sometime in 1960 corresponding to 1367 B.S. This recording was objected to by the plaintiff by filing a petition before Revenue Circle Officer (Ext.3) whereupon the R.C.C. held a local inquiry and found that 10 decimals ......man—For the Respondent. Appeal from Appellate Decree No. 602 of 1963. Judgment M. S. Ali J. - This appeal preferred by the plaintiff Abdul Shaikh is directed against the judgment and decree dated 18.12.62 of the learned Subordinate Judge, Additional Court, Khulna in Title Appeal..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3

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. ......rranted to prevent miscarriage of justice. 14. In the well-known case of Sm Bivabari Vs. Ramendra Narayan, AIR 1947 PC 20, the Privy Council reiterated "the establi­shed practice of the Board to decline to review the evidence for the third time where there are concurrent judgments of t......er paying rent for a few months star­ted defaulting and during "Rent-roll Opera­tion" unsuccessfully tried to get his name recorded in the khatian as owner of the suit premises. The Revenue authorities after re­jections recorded the plaintiff's name in the S.A. Khatian. The......howdhurani Vs. Jewahir Singh, 18 ILR Cal. 23; Abdul Mazid Vs. Khalil Ahmed, 12 DLR SC 132; Nadir Shah Vs. Lal Shah, PLD 1954 Lah. 447; Deity Pattabhiramaswamy Vs. S Hanymayya, AIR 1959 SC 57; Nafar Chandra Pal Vs. Sukur Sk, AIR 1918 PC 92; Dhenna Mal Vs. Roy Bahadur Moti Sagar, AIR 1972 PC 102; Wali..

Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99

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. ......t February 16, 1983. Result: The application is rejected. Cases Referred to- Bangladesh and another Vs. Md. Salimullah, 35 DLR 1983 (AD) 1, B.C.R. 1982 (AD) 373, M/s. Bharat Board Mills Ltd. Vs. The Regional Provident Fund Commissioner and others, AIR 1957 (Cal.) 702, Manag......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. ...... Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. Result: The application is rejected. Cases Referred to- Bangladesh and another Vs. Md. Salimullah, 35 DLR 1983 (AD) 1, B.C.R. 1982 (AD) 373, M/s. Bharat Board Mills Lt..

Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88

The State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....p;………………………Accused-Respondent requires Judgment February 13, 1983. Result: The Appeal is dismissed. Whether the Nationalized Sonali Bank comes under the purview of the Shops and Establishments Act 1965 (Act No.VI......he said Act and therefore these are excluded from the operation of the said Act. He has taken us through the various provisions of P.O. No.26 of 1972, as amended upto date, and has argued that as the Board of Directors of the Sonali Bank is appointed by the Government as the Board is guided by such ......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288.           ......lip;…Accused-Respondent requires Judgment February 13, 1983. Result: The Appeal is dismissed. Whether the Nationalized Sonali Bank comes under the purview of the Shops and Establishments Act 1965 (Act No.VII of 1965) The words "commercial establishment"..

Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder alias M. R. Sikder & others, 1983, 12 CLC (AD)

.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed. Ed. This Case is also reported in: 35 DLR (AD) (1983) 203. ......without any order as to costs. (2) Order of appointment of Receiver by the High Court as affirmed by the High Court Division is set aside. (3) All receipts from Bangladesh Water Development Board and/or its agencies will be credited in the Bank accounts, namely Account No. 1651, Sonali Ban...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed. Ed. This Case is also reported in: 35 DLR (AD) (1983) 203. ......te Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Mahbubur Rahman Sikder and others................................Petitioners Vs. Mujibur Rahman Sikder alias M. R..

Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132

M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)

....ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. ..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400

United Planters And Traders Limited And Another Vs. Md. Mosharraf Hossain Knan & Others, 182, 11 CLC (HCD)

....Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149     ......er No.1 and her husband MA. Muktadir, added respondent No. 10. On 12-4-80 respondents Nos. 8 and 9 transferred their all shares to petitioner No. 2. The transfers were approved by a resolution of the Board of Directors on the same day and the instruments of transfers of shares were also executed. Pe......Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149     ......D) (1982) 345; 3 BLD (HCD) (1983)149     ..

Category: Company Law | Date: 28 May, 1982 | Hits: 3