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Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
.... otherwise "they will be on the street". It is their only homestead and they have no other place to go. 15. As against this the plaintiff paid his good money Tk. 8,510/ in 1970 for acquiring the property. Now he is going to be told after 16 years that he cannot acquire the property. That is too......D) (1987) 242. ..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)
....he appellants as plaintiffs filed the said suit for partition of joint properties described in the schedule of the plaint, impleading as many as 62 persons as defendants, claiming a share in the suit property as co-sharers. The said suit is now pending. 3. The plaintiffs filed an application un......pect of the suit properties contending, inter alia, that some of the defendants cut earth from plot No.1355 comprising a pond in spite of the order of temporary injunction passed against them earlier and the plaintiffs-appellants already filed an application for taking action against them for v..Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....ovisions of section 420 Penal Code with regard to the sentence prescribed therein. The section reads thus; "Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, altar or destroy the whole or any part of a valuable security, o......Rahman J Md. Yeakub Kazi…………………………………………….Petitioner Vs. Kaloo KhandaKer……………………………&hell..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
...., the provisions of section 420 Penal Code with regard to the sentence prescribed therein. The section reads thus; "Whoever cheats and thereby dishonestly induces the person deceived todeliver any property to any person, or tomake, altar or destroy the whole or anypart of a valuable security, or ......Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Latifur Rahman J Md. Yeakub Kazi……………………………Petitioner Vs. Kaloo KhandaKer……………………………Respondent Judgment November 27, 1985. Result: T..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
.... permanent injunction. 3. On the prayer of the plaintiff, the learned Subordinate Judge appointed two separate Advocate commissioners to hold local investigation and local inspection of the suit property. The writ that was issued by the learned Subordinate Judge was to the following effect: ...... afresh again in the light of fresh materials as may be legally brought in the record by the parties. The Commissioner's report is to be evaluated in the facts of the case on the evidence adduced and the Court has wide discretion in such matter. Mere acceptance of the report should not give rise..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....), Chittagong on 8.2.82. The case being exclusively triable by the Village Court, the Sub-Divisional Magistrate sent the case to the village Court for disposal as the value of the alleged stolen property was less than Taka 5000/-. The Chairman, Hathazari Union Parishad constituted Village Court......ul Haque Sowdagar……………………………………………Petitioner Vs. Abul Kashem Chowdhury and others………………Opposite-Party Judgment July 23,..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....the port of Chittagong the plaintiff would have nothing within the jurisdiction of this Court to recover the loss suffered by him. Except the ship m. v. CHERRY ORIENT, the defendant No.1 has no other property in Bangladesh from which the claim of the plaintiff could be satisfied. On that applic...... 2 All ER, 274 (277). Lawyers Involved: S.A. Chowdhury with Mustafa Niaz Mohammad— For the Plaintiff. M. Hafizullah with S. K. Siddique— For the Respondent Nos.2 and 3. Admiralty Suit No.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
....a Bench in F.A. No. 221 of 1981.) Judgment Badrul Haider Chowdhury J.— In this petition for special leave the only question is whether there was an agreement for sale of the suit property which could be enforced by a suit for specific performance of contract. 2. Facts are a......owdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J H.N. Fabrics Ltd…………………………....Petitioner Vs. Mallick Textile Industries and others.……..Respondents Judgment January 15, 1985. Resu..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....tion under section 397 of the Penal Code cannot be sustained. 19. As the accused-appellants Emran Ali, Alkes and Firoz admitted in their respective confessions that they dishonestly received the property stolen in the commission of the dacoity, their conviction under section 412 of the Penal Co......rate who recorded it. When the confession has been recorded in accordance with law by observing all the formalities prescribed by law (i.e. by observing all the formalities prescribed by Ss. 164 and 364 Cr.P.C.) and the said confession duly taken is tendered in the Sessions Court, it prove..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
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. .......Respondent Judgment October 31, 1984. Result: The Rule is discharged. Cases Referred to- The Secretary of State Vs. Mask & Co. Privy Council, 67IA 282; Madbar Khan and others Vs. Province of East Pakistan and others, 17 DLR (Dhaka) 263; H.M. Saya & Co. Vs. Waz..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
.... A company which has been incorporated as a limited company under the provisions of the Company Act in the territory now comprising Bangladesh, it can be declared and treated as abandoned property. Moreover, the Directors of Gannysons Limited have always been in Bangladesh, and even tho......amp; another................Appellants Vs. Sonali Bank & others .............................Respondents Judgment August 20, 1984. The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (President’s Order No. 16 of 19..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... who are related to the plaintiffs and those D.Ws also deposed in several other cases in favour of the defendants. The suggestion was also put to them that they jointly made the collusion to grab the property. The appellate Court for his own satisfaction compared the signatures of plaintiff No.......ab………………Respondent Judgment August 13, 1984. Result: The appeal is dismissed. Case Referred To- Rambharosa Vs. Smt. Bifida Devi and another reported in A.I.R. 1956 Patna page 203 Lawyers Involved: Abdul Manan with Momt..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....hellip;............(10) Consequential relief relating to the possession does not arise It is a settled principle of law that if any plaintiff seeks any declaration of any right to property and he has no possession therein he is bound to seek consequential relief by way of recover......s also Reported in: 37 DLR (HCD) (1985) 49. ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
.... possession in schedules Ga lands on the basis of power of Attorney and since the defendants 12 to 17 claimed right and possession in schedule Gha lands by claiming the same to be their paternal property so there was a complicated question of title and in such a position when the plaintiffs did...... Appellants. Md. Anser Ali—For the Respondent. Second Appeal No. 79 of 1979. Judgment Amin-Ur-Rahman Khan J. - This appeal by the plaintiffs is directed against the judgment and decree passed by the Additional District Judge, Pabna in O.C. Appeal No.63 of 1977 reversing the..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....#39;s Bazar for specific performance of Contract of sale, delivery of possession after execution and registration sale deed, confirmation of possession and permanent injunction in respect of the suit property described in the schedule of the plaint of the suit and in the alternative the plaintiffs a......ed & others. ...................Opposite parties Judgment July 10, 1984. Result: The rule is made absolute. Case Referred to- Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR page 239A. Lawyers Involved: S C. Das—For the petition..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....fore the plaintiffs' claim under section 4of partition Act could not be legally maintained. The third point of objection was that the learned Munsif did not himself assessed the value of the property as was required by law. 7. The learned Subordinate Judge upon a consideration of all t......uya Vs. Jabbar Huq (1959), 11 DLR 355; Habibulla Vs. Movi. Salek (1968), 20 DLR 489. Lawyers Involved: Md. Anser Ali with Abdul Majid-For the petitioners. B.N. Chowdhury with P.K. Base and Mansur Habib-For the Opposite Parties. Civil Revision Case No. 1750 of 1981. Judgment ..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
.... the vessel after discharging the cargo will go back to its original destination and will not remain on voyage from port to port. In the present case, admittedly, the defendant No. 1 has got no other property in Bangladesh. If the suit be decreed, and if the vessel in question leaves the port o......hether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civil Procedure (V of 1908) Or. 38 rs. 5 and 6. Cases Referred To- Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipp..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....tract is bad for uncertainty. Section 14 of the Transfer of Property Act which embodies the rule against perpetuity reads as follows: “14 Rule against perpetuity.--No transfer of property can operate to create an interest which is to take effect after the life-time of one or mor......man Khatoon & others……………….Respondents Judgment June 9, 1984. Result: The appeal is dismissed. Cases Referred to- Md. Affan and others Vs. Tazal Hoque and 42 others, 27 DLR 58; Rambaran Vs. Rani Mohit (1967) AIR (SC) 144; Gl..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....r's report as to possession. He has further argued that the learned Court below was also wrong in holding that in matters like this when the allegation was a mistaken entry and description of the property written in a registered document can only be rectified under Section 31 of the Sp...... Appellant. Syed the Shamsur Rahman- For Respondent Appeal from Apaellate Decree No.153 of 1978. Judgment Anwarul Hoque Chowdhury J. - This appeal is directed against the judgment and decree dated 26.7.74 passed by the Additional District Judge Khulna reversing those passed by th..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
....46,000.00 only was disbursed, that the appellant, paid several instalments to the PICIC, Karachi, that after the emergence of Bangladesh the undertaking of the appellant was taken over as abandoned property though subsequently released and that the appellant did not, in their letter dated 22-2-77 ......ettlement. The entire object of the writer is that the writer expresses in writing that the suit may be settled on the proposed terms. If they are acceptable, the parties will be bound by these terms and the dispute comes to an end. If the proposed terms become infructuous, they cannot be used in fu..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
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