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Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
.... defendants were in possession. Defendant No.1 did not appear to Contest. He and plaintiff jointly filed a compromise petition by which the claim of the plaintiff in the suit lands was admitted and a prayer was made for a decree in terms of solenama. It, however, does not appear that any decree was ......iya in other Appeal No.169 of 1981 on 19.12.82 reversing those passed by the 4th Court of Munsif, Patiya in other Suit No.37 of 1979 on 23.3.81.The opposite party No.1 Asma Khatun instituted the suit for declaration of title and recovery of possession. Opposite party No.2 and petitioner are sons of ......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 ......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
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
.... position explained above the plaintiff was entitled to a decree for redemption and restoration of possession, the mortgage having extinguished on the expiry of 7 years. The plaintiff had couched his prayer seeking relief in the suit as one for declaration that the mortgage dated 20.05.1970 has been......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. ...... 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. ..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
....rt of Subordinate Judge, First Court, Chittagong to show cause why Order No. 6 dated 24.4.82 passed by the Subordinate Judge, 1st Court, Chittagong in the said Other Suit No. 37 of 1982 rejecting the prayer of the 3 petitioners to be added as defendants should not be set aside and the prayer be allo......y purchase. The seller opposite parties 1 to 3 Sree Din Dayal Singh Hazari, Sree Durga Prasad Singh Hazari and Sree Arun Kumar Singh Hazari thereafter filed Other Suit No.37 of 1982 on 5.3.82 praying for a degree declaring that the transfer of the suit property by the five deeds to defendants 1, 2 a......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....the trial Court decreed that the plaintiff would get 19th/288 share in the suit land. On 23.2.72 the plaintiff filed an application for partition through ah Advocate Commissioner. The plaintiff's prayer was allowed and a writ was issued appointing Mr. A. Rashid as Commissioner by order No. 78 da......r the Respondent. Appeal from Appellate Decree No. 234 of 1984 Judgment M. H. Rahman J.- This appeal, by defendant No. 1, has arisen out of a judgment and final decree passed in a suit for declaration of title and for partition. 2. In the preliminary decree the trial Court decree......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 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 ..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....e chose to contest the matter on a legal ground. 12. After having lost the legal battle it does not lie in his mouth now to pray for a conversion of the Civil Revisional Case into an appeal. The prayer is a belated one. In the result, the Rule is discharged but without any order as to cos......oner Golam Atahar Chowdhury was the Mutwalli of Bhatipara Waqf Estate bearing Enrolment No. E.C. 11917 on and from 30-10-74. On 23-11-81 an application was filed by Abu Saleh Chowdhury and 3 others before the Administrator of Waqfs praying for removal of the petitioner as Mutwalli under Section ......der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130 ......der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130 ..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....aken into consideration the Rulings reported in 32 DLR at Page 88 in the matter. ......................... Under all these facts and circumstances, I am inclined to refuse permission to the prayer of withdrawal for lack of sufficient materials and direct that the trial do proceed in accord...... President's Order No. 16 of 1973 Art. 2. Under Article 2 of P.O. 16/73, there is nothing to show that the offence in question was committed by the accused in connection with the struggle for national liberation. The mere fact that the Government have stated that the accused are freedom ......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. ..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
....he present suit at the instance of the Dean of Law Faculty of Rajshahi University against the Vice-Chancellor of Rajshahi University challenging an official act of the University there is also a prayer for a consequential relief by way of a perpetual injunction permanently restraining the ......n of Law Faculty of Rajshahi University—Appeared in person. Civil Revision Case No. 192 of 1983. In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting said judgment and order dated 30.6.83 passed by District Judge, Rajshahi in Misc. Appeal...... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83. ...... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83. ..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....amp; others................................Petitioner Vs. Alauddin & Taiwa Textile Mills Ltd.................Respondent Judgment November 24, 1983. Result: The prayer accepted Rectification of the Share Register Cases Referred To- Fry, Chase Nat......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......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 ......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 ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....s 1-4 as bargadars from before their purchase, that the case is not barred by limitation and that the petitioners were entitled in law to pre-empt the case land. On these findings he allowed the prayer of the pre-emptors with costs. Thereafter the pre-emptees 1-5 have preferred this appeal...... 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. ......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. ..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
....r dated 6.6.1981, found that the Court at Khulna was competent to entertain the case and grant the Succession certificate by deciding the question of jurisdiction in favour of the opposite party. The prayer for the examination of the petitioner on commission at Dhaka was also rejected by the sa......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...... 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. ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....ty on the alleged ground of dispute causing apprehension of breach of the 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 ......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 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 ..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)
....ew 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 was withdrawn in b......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. ......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. ..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)
....lude 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 partial partition ought to have applied before the trial Court for inclusion of such prop........................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-......e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ......e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....er irreparable loss and injury if under the circumstances they are not protected by the Court. The balance of inconveniences under the circumstances are less in favour of the plaintiff. As such their prayer for temporary injunction was rightly granted by the learned District Judge. 12. In the r......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 ......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 ..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)
....er irreparable loss and injury if under the circumstances they are not protected by the Court. The balance of inconveniences under the circumstances are less in favour of the plaintiff. As such their prayer for temporary injunction was rightly granted by the learned District Judge. 12. In the r......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. ......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. ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....eous Appeals No. 121, 122 and 123 of 1978 affirming the judgment and order dated 30.6.78 passed by the learned Munsif, 2nd Court, Feni in Miscellaneous Cases No.128, 129 and 139 of 1972 rejecting the prayer for pre-emption, made under section 96 of the State Acquisition and Tenancy Act. Si......ub 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 purpose of Adjudication that has been provided under Chapter XII of Part--V of the Act&helli......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 ..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....nction and status quo. The learned Munsif issued notice upon the respondent No. 1, Dhaka Municipal Corporation to show cause why the order of temporary injunction shall not be granted but refused the prayer of ad-interim injunction. On 14-7-83 the plaintiff-appellant filed another application for pa...... 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 ......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. ......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. ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
....ng as the registration certificate stands the plaintiff gets protection of sections 47 and 53 of the said Act to guard against piracy of his registered designs. Hence he decreed the suit in part. The prayer for injunction in respect of the plastic commode seat cover was disallowed but the defendant ......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. ...... 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. ..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....for a declaration that the order dated 4.3.75 passed in E. P. Case No. 230 of 1973-74 was illegal, void and without jurisdiction and for further declaration of his title to the suit land along with a prayer for permanent injunction against the defendants. 3. It is not necessary to recount the c......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 ......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 ..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
.... enlarged on bail on 30.5.81 the complainant opposite party No.1 filed an application for inclusion of section 467 of the Penal Code in the petition of complaint. The learned Magistrate allowed the prayer by order dated 2.781 on 28.10.81 the records of the case were sent to the Court of Sessions f......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. ......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. ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
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