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Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....ds, under the Works, Programme and it arises out of a judgment of affirmance. 2. The plaintiff Md. Mukhlesur Rahman filed Q.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, Mymensingh for 3 declarations: (I) that the office Memo. dated 9.11.73 transferring him from his post of Accoun......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 ......ises the question of the legal status of the employees appointed by the District Councils, later District Boards, under the Works, Programme and it arises out of a judgment of affirmance. 2. The plaintiff Md. Mukhlesur Rahman filed Q.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, M..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
....m Khan @ Nasu Khan challenging an order dated 6.6.81 passed by the Subordinate Judge, Khulna, passed in Misc. Case No.48 of 1980 holding that the court had jurisdiction to entertain the petition for Succession Certificate under the provisions of the Succession Act. 2. Facts leading to......he District of Dhaka and on the day of his death his place of residence was at his house No.1, Road No.88, Gulshan Model Town and never at Khulna. In a subsequent written statement, by way of an amendment of the earlier one the petitioner wife late Nasu Khan had again submitted before the court...... 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. ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....f the Code of Criminal Procedure and it directed against judgment and order dated 30 5.83 passed by the learned Sections Judge, Comilla in Criminal Motion No.158/83 quashing the proceeding under the aforesaid section drawn up by the learned Sub-Divisional Magistrate, Sadar (South), Comilla by his or......e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......e peace. 7. The petitioner in his affidavit-in-reply has not denied the fact of the institution of the aforesaid suit with prayer for khas possession. As a matter of facts, certified copy of the plaint of the said suit has been annexed as Annexure ‘C’ to the affidavit-in-opposition ..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....ur Rahman A. F. Hasan Ari]—For the Petitioner. Review Petition No. 3 of 1983 (arising out of Admiralty suit No.12 of 1983). Judgment Mustafa Kamal J.- This is an application for review of the order dated 8.8.1983 whereby the plaintiff's prayer for withdrawal of the suit......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. ......ioner. Review Petition No. 3 of 1983 (arising out of Admiralty suit No.12 of 1983). Judgment Mustafa Kamal J.- This is an application for review of the order dated 8.8.1983 whereby the plaintiff's prayer for withdrawal of the suit was allowed. The plaintiff states that the suit wa..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
......................Appellate Vs. Md. Gulzar Alam.......................................Respondent Judgment October 4, 1983. Result: This appeal is dismissed. A suit for partition shall include the entire properties of the co-sharers held and possessed jointly-......l Court ought to have afforded an opportunity to both the plaintiffs and defendants to include of those properties that were allegedly left out within the hotchpotch of the suit property by way of an amendment of the schedule to the plaint. The defendants while objecting to the plaintiffs prayer for......the suit whereas the lower appellate Court decreed the same against which the defendants have preferred this Second Appeal. 2. There is no dispute over the joint title and possession between the plaintiffs and the defendants with regard to the suit property. The defendants main objection w..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....temporary injunction against the defendant-appellant and making the order of ad interim injunction dated 27.10.81 absolute. 2. The plaintiff respondent Haque Brother (Industries) Ltd. filed the aforesaid suit for permanent injunction on the averments, inter alia, that it is one of the leading m......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 ......rned District Judge, Dhaka in Title Suit No.19 of 1981 granting temporary injunction against the defendant-appellant and making the order of ad interim injunction dated 27.10.81 absolute. 2. The plaintiff respondent Haque Brother (Industries) Ltd. filed the aforesaid suit for permanent injuncti..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)
....ry injunction against the defendant-appellant and making the order of ad interim injunction dated 27.10.1981 absolute. 2. The plaintiff-respondent Haque Brother (Industries) Ltd. filed the aforesaid suit for permanent injunction on the averments, inter alia, that it is one of the lead......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. ......ed District Judge, Dhaka in Title Suit No.19 of 1981 granting temporary injunction against the defendant-appellant and making the order of ad interim injunction dated 27.10.1981 absolute. 2. The plaintiff-respondent Haque Brother (Industries) Ltd. filed the aforesaid suit for permanent inj..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
.... Code of Civil Procedure, 1980; order 47 or 1, 2 & 4 Review of Judgment by a Successor Judge The right of review of a judgment is a substantive right and its scope, extent manner and forum are circumscribed by the statute which confer such right-Review on the ground of discovery of ......in 1950 in India. A judge who passes a decree or makes an order can himself or his successor may review the decree or order on the grounds stated in Order 47, rule 1 in India after the said amendment. This case, therefore, is no authority for the preposition that the successor Judge can re......the judgment and order dated 12-9-83 passed by Mr. Anisul Hoque Chowdhury. District Judge, Dhaka in Miscellaneous case No. 104 of 1983 arising out of Miscellaneous Appeal No. 248 of 1983. 2. The plaintiff-appellant filed Title Suit No. 363 of 1983 in the 1st Court of Munsif, Dhaka on 06-7-83 fo..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
....amp; Co. and claims to be a leading manufacturer of plastic goods socially bathroom fittings. He invented four designs to be used as bathroom fittings made of plastic. After invention he applied for registration of the same to the Controller of Patents and Designs, Government of the People'...... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ...... order 31.08.1981 passed by Mr. M. I. Hossain, District Judge, Dhaka in Title Suit No.9 of 1981 filed u/s 53 of the Patents and Designs Act, 1911, hereinafter referred to as the said Act. 2. The plaintiff Md. Harunur Rashid is the sole proprietor of M/S. Ismail & Co. and claims to be a lead..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....paid to the defendant (lessee) by way of interest of the loan till the loan is repaid. The plaintiff possessed the land paid half of the barga crops as per term of the agreement to the defendant for quite a number of years till 1953. Thereafter the property was put to auction by the landlord fo......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. ......of 1967 affirming those passed by the learned Munsif, 3rd Court, Jessore in Title Suit No.112 of 1967. 2. Facts leading to this appeal in short are that the land described in the schedule to the plaint belonged to the plaintiffs Fazle Karim Biswas and Nasim Biswas. They took loan of Tk. 200/00 ..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....lves exist. If a letter exists, it may contain something very different from that which the witness represents to be its contents. When an important letter is not produced and no explanation is given for, its non-production, an inference not unnaturally arises, either that the letter, if written, do......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 ...... 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 rule of evidence, n..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....hmed—For Opposite Party No.1. Kazi Shofiuddia Ahmed—For Opposite Party No.3. Criminal Revision No.285 of 1982. Judgment Mustafa Kamal J.- This Rule issued under section 361 A Cr.P.C is for quashing the proceedings in Sessions Case No.632 of 1981 pending in the 3rd Court, Additional Se......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. ......Magistrate Dhaka. 2. The facts necessary for the disposal of the Rule are that the opposite party No.1 Mr. K.M.J. Akbar, Commodore, Bangladesh Navy, Director of Works, Dhaka filed a petition of complaint (Annexure ‘E’ to the petition) dated 9.2.81 as a public servant U/S. 200(aa) Cr.P.C. (wro..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....assed against the 5(five.) appellants by the Additional Sessions Judge, Rajshahi convicting the appellants under section 302/149 of the Penal Code and sentencing each of them to suffer transportation for life in Criminal Appeal No.113 of 1981. 2. The prosecution case in brief, is that on 13-11-......arge and claimed to be tried. According to Mr. Azizul Haque, section 4 of the law Reforms Ordinance contemplates that the trial should be held according to the old Code of Criminal Procedure as if no amendment has been made and in that view he argues that the case being a pending one should be tried......49 of the Penal Code and sentencing each of them to suffer transportation for life in Criminal Appeal No.113 of 1981. 2. The prosecution case in brief, is that on 13-11-70 at about 9 A.M. the complaintent's labourers including deceased Rahim Sheikh and deceased Mona Korati were cutting padd..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....ll Cause Courts Act is directed against judgment and decree dated June 30, 1982 passed by the learned Subordinate Judge, Second Court Sylhet (as S.C. Judge) in S.C.C. Suit No.34/73 decreeing the suit for ejectment and recovery of certain articles. 2. Plaintiff-opposite party No.1 instituted the...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ......f-opposite party No.1 instituted the aforesaid suit on 18-12-73 against the deceased father of the petitioner, Rajani Kanta Lala for his eviction from the suit premises described in schedule 1 to the plaint and for recovery of certain articles from his possession described in schedule 2. 3. Pla..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....ue, Subordinate Judge. Manikganj of Zilla Dhaka dated the 30th day of January, 1982 passed in title suit No.52 of 1981. Judgment M. H. Rahman J. — This appeal has arisen out of a suit for declaration that the suit property comprising 10 acre of land of plot No.140 appertaining to S.A...... 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 ......taining to S.A. Khatian No. 52 of Mouja Porrah, P.S. Manikganj is a debuttar property belonging to the deity kali, Narayan Kumar Datta, a person interested, filed the suit on behalf of the deity. The plaintiffs case is that the suit property was made debuttar by Tara Prasad Sarkar and his brothers. ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....ict Judge, Mymensingh in Probate Suit No.5 of 1976. 2. Facts are as follows: Late Digindra Chandra Bhattacharya, the predecessor of the appellants instituted a suit being Probate Suit No.5 of 1974 for grant of Probate in respect of the last will dated 30-12-62 executed by Kitish Chandra Bhattacha......ath of the executor, the action which he started does not come to an end. Any of those whom he was representing are entitled to intervene and carry on the proceedings with a modification by way of an amendment praying the court to grant letters of administration with the will annexed. 9. A plain r......da Devi versus Kitish Chandra, the moot question whether Jalada Devi was alive was considered. The learned Additional District Judge came to the conclusion: “It may be safely presumed that the plaintiff Jalada Devi is not alive and she died some time in 1382 BS. Since the heirs of the plainti..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
....ithout assigning any reason at the cost of dispensation of justice- The Court is competent to reject an appeal even at the initial stage of its admission but the Court must give its reason for such rejection at the initial stage. An appeal under section 407 of the Code gives a substa......nd without disposing the, appeal on merit it cannot be said that the learned Additional District Magistrate at all applied his judicial mind to the materials on record. The spirit of second amendment (Ordinance No.XXIV of 1982) is to dispose of cases with utmost expedition but the sam...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... The Rule is discharged. Second Prosecution Based On a Fresh Complaint- As the earlier petition of complaint did not disclose whether the petitioners were the principal offenders, henceforth having been discharged formerly on the same cause of action, the accuseds will still continue ......njuries, seizure lists etc.) connected with that case. In the cases triable exclusively by the Court of Sessions coming within the ambit of clause (b) of Section 190 Cr.P.C., the Magistrate after the amendment omitting enquiry under Chapter XVIII Cr.P.C. is required under the law to send the case to......ellip;……………………State Judgment November 28, 1982. Result: The Rule is discharged. Second Prosecution Based On a Fresh Complaint- As the earlier petition of complaint did not disclose whether the petitioners were the ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
....e at which the questioned property be repurchased by the plaintiffs and then the final decree be passed to give effect to the order. 7. At the outset Mr. A.N.M. Shahidullah, the learned Advocate for the respondent, pointed out from the record that as there was no interim order from this court s......nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......dvocate— For the Respondent. Second Appeal No. 303 of 1974. Judgment MH Rahman J.—This appeal is by the heirs and legal representatives of defendant No.1. 2. The plaintiffs case, in brief, is that the properties mentioned in schedule Kha and Ga to the plaint bel..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
.... Muyeed Chowdhury and others……………Respondents Judgment January 27, 1982. Result: The rule is made absolute. Transferee court may punish for violation of an order of injunction- Order 39, Rule 2(3) empowered the court to punish for ...... when an injunction has been violated by a party. It was with a view to remove the vagueness whether the District Judge or the court of Munsif is to punish the disobedience of the order of injunction amendment of the rule was made to the effect that the court that granted the injunction in. nor......in Misc. Case No.41 of 1976 passed under Order 39 Rule 2, Sub Rule (3) of the Code of Civil Procedure. 2. The facts relevant for the purpose of this Rule are to the effect that the petitioner as plaintiff filed Title Suit No.141 of 1976 in the Court of the Munsif, Sadar, Faridpur against the op..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
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