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Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....ion 91 of the Transfer of Property Act and ha made a lengthy submission as to rights and interests of a mortgagee-auction-purchaser on a suit for enforcement of mortgage. He has contended that when a prior mortgagee brings the mortgage property to sale and himself purchases if he acquires the equity......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)

....der section 115(1) C.P.C. The application is, therefore, summarily re­jected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......der section 115(1) C.P.C. The application is, therefore, summarily re­jected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......iff is malafide and motivated is not correct as the plaintiff Bank has no personal grudge against any of the defendants. He found from the various exhibits such as the letter of the Asstt. Secretary, Ministry of Law (ext.1 (A), letter of the Department of Anti-corruption Ext. A (B) and the pendency ..

Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....evidence that may be adduced be­fore him. Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 172. ......evidence that may be adduced be­fore him. Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 172. ......s made absolute. Cases Referred to- Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the Secretary, Ministry of Industries and on 33 DLR (AD) 30; Ahsan Ali Vs. District Judge, P.L.D. 1969 (SC) 167 (17..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ...... S Hossain Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represen­ted by the Secretary, Ministry of Land Administration and Land Reforms, and others……………..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)

.... an offence is stopped on the expiry either of the specified time or of the extended time under sub-section (5), the accused, if in custody, shall be released forthwith". 8. He submits that prior to dismissal of the case on 4.3.84 the prosecution under sub- section (6) of section 167 Cr.P.......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ..

Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1

Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)

....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ..

Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212

Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)

....cularly, in so far as it did not have any retrospective operation on the pen­ding cases. Accordingly, the Special Tribunal has the jurisdiction to try the cases in which they had taken cognizance prior to the amendment." 9. It follows that since the cognizance in the present cases was ......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86.     ......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86.     ..

Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93.           ......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93.           ......s Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Sultana Ara Begum ......................................Petitioner Vs. Secretary, Ministry of Home Affairs & others..........Respondent Judgment December 11, 1985. ..

Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2

Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)

.... prevailing, a pos­sible solution may be to make it legally incumbent upon the Magistrate of the Upazila (of course after increasing their number) to go to it the spot on receipt of the F.I.R. by prior arrangement with O.C. of the Thana as early as possible to record the statements of the is acc......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111.               ......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111.               ..

Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5

Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)

....stinction between a co-sharer tenant and a tenant having the contiguous land has been again pronounced in definite terms and   language in subjection (5). This sub section has set forth the prior rights to purchase under section 96 it is quoted below: ‘‘(5) (a): If (i) a c....... The impugned order of the High Court Divi­sion is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ....... The impugned order of the High Court Divi­sion is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ..

Category: Property Law | Date: 9 Jul, 1985 | Hits: 40

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

.... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26.   ...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26.   ......ear in the Rules for the prosecution of the contemner, has produced before us Notification No. JAIV/19/83-956 dated 10-11-83 and Notifica­tion No.JAIV/19/83-956 dated 10-11-83, both issued by the Ministry of Establishment and Re-organisation of the Government of Bangladesh. The first Notificatio..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)

.... with­out any order as to cost. The stay of opera­tion of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ...... with­out any order as to cost. The stay of opera­tion of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ......lso Reported in: 37 DLR (HCD) (1985) 102. ..

Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2

Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)

....egum was unfastened by one of the miscreants. She rushed to their hut and found that her hus­band was lying death with knife injuries on the right side of the neck. The informant narrated various prior incidents suggesting enmity between her husband deceased and some persons. She suspected that ....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66.       ....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66.       ..

Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6

Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)

....endant No.1. The said companies are pressing hart for settlement of their dues. In order to defeat the claim of the plaintiff the defendant No. 1 arbitrarily and abruptly without serving three months prior notice as per contract terminated the agency by a telex addressed to the Bangladesh Chemical I......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.   ..

Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5

Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)

....ame is being convened at the requisition or 6 mem­bers but the names or requisition-list were not mentioned. The notice was served upon the plaintiff on 21.6.76 at 10-15 A.M. in the though 7 days prior notice red for such a meeting and the meeting was held on that date where only 5 members were ...... 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.   ...... 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.   ..

Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4

Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)

....e which was sold to defendant No.1 by two kabalas dated 29.1.37 and 3.5.38 respectively. But their sale deed did not include plot No.1290 and which they got by exchange from one Jalaluddin and others prior to C.S. operation They have been living there by erecting house and the defendant has not titl...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337   ...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337   ..

Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4

Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)

....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     ...... direct to the manufacturers in West Germany but the plaintiff would pay insurance charge incurred by defendant No.3 to insure the Car covering all necessary risk and the defendant No.3 would arrange clearance of the car on arrival at Chittagong and would deliver to the plaintiff in ready and worthy......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     ..

Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3

Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)

....ugned lease was granted on 28.8.56 and 249.56 i.e. after the penal provision was added to sub-sec­tion (2) of section 75-A. But in the present case the impugned lease was granted on 25.1.55, i.e. prior to the date of passing of Act IV of 1956. Hence I hold that the decision reported in 21 DLR pa......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   ......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   ..

Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5

Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)

....of limitation regarding suits instituted to set aside unauthorised alienation of property of a religious endowment by a Shebait or Mutawallis or manager of such religious endowment was very uncertain prior to the decision of the Privy Council in the case of Vidya Varuthi, A.I.R. 1922 P.C. 123. In th......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.       ......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.       ..

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

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

....46-2/486/79(LS) dated 11-1-80 on the above subject the undersigned is directed to enclose herewith a further list of genuine freedom fighters with the P.S./GR. Case/Sr. number instituted against them prior to 7-11-75 received from the Bangladesh Muktijoddha Sangsad. According to the decision taken i......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.   ...... prosecution of all the accused persons on the ground that the Government have been pleased to direct withdrawal of the case against the accused who are said to be freedom fighters. The letter of the Ministry of Home Affairs, Government of Bangladesh dated 26-5-80 addressed to the Deputy Commissione..

Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2