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Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ......ation of the complainant and his witnesses. On 18.12.82 the complainant and his witnesses did not appear and did not make any prayer for adjournment through any one. Yet the Village Court in the interest of justice fixed 25.12.82 for examination of the complainant and his witnesses; but ev..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
..... 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. ......gment Shahabuddin Ahmed J.—In this appeal the simple question is whether a contiguous landholder is entitled to pre-empt the land which has been transferred to co-sharer-tenants whose interest in the tenancy accrued by purchase. 2. This arises from Miscellaneous Case No.167 of 1..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......p;but does not include- (a) Any property the owner of which is residing outside Bangladesh for any purpose which, in the opinion of the Government, is not prejudicial to the interest of Bangladesh; (b) Any property which is in the possession or under the control..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ...... Kanta died in 1377 B.S. leaving a widow Khata Barmani and the only daughter namely the plaintiff. Upon his death his widow namely the plaintiff's mother inherited the lands of Sree Kanta in life interest and subsequently upon death of Khata Barmani in 1380 B.S. her only issue and daughter name&..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......iced, we refrain from entering into a discussion of the evidence on record at this stage as the trial of the accused appellant in his absence having been held illegal, we consider it necessary in the interest of justice to send the case back for retrial of the accused appellant after giving him an o..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ...... earlier identification proceeding………(11) Identification parade belongs to investigation stage. Identification of the accused soon after arrest is of vital importance in the interest of justice and fairplay both to the accused and the prosecution……….. (..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ...... 7. Mr. S.C. Das, next submits that although his client is not a party to the agreement for which the suit for specific performance of contract has been filed but his title will be clouded and his interest will be jeopardised if an exparte decree is passed as a result of collusion between the pla..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....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. ......so contended that defendant No.1 is only a charterer of the Vessel M.V. Haci Sefer Kalkavan and that under the charterparty agreement defendant No. 1 did not acquire the ownership or any transferable interest in the aforesaid vessel which cannot be made liable for a decree, if any, passed in favour ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......ion 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 more persons living at the date of su..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ...... the Government Estate Manual reads as follows:— "54 Equitable distribution of land amongst the bona fide cultivators is one of the main purposes for acquisition of all rent-receiving interest. The chief restrictions on settlement of land imposed by section 76 of the State Acquisitio..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... 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. ...... in law. It conceives a private individual serving another private benefits and the relationship does not involve any element other than the contractual one. In such a case, than the employee is interested only in his remuneration which can be measured solely in monetary value. In the same way,..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
.... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......oresaid miscellaneous case under Article 33 of the above-mentioned President's Order against the appellant for realisation of Tk. 29,72,910.28, equivalent to US dollar 1,90,609.05, with pendente lite interest at the rate of 71/2% and 2% liquidated interest per annum on the sum claimed including both..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
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 ...... 1 as plaintiff instituted Money Suit No.130 of 1972 in the Third Court of Subordinate Judge, Chittagong for satisfaction of his claim amounting to Taka 14,108.22 paisa as market price of the Car and interest by way of compensation at the rate of 10/- per annum from the date of institution of the su..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ......iffs. The learned Munsif however found that the plaintiffs and their predecessor were in continuous exclusive possession of the entire suitland for long over 12 years and thereby acquired substantial interest in the suit land while the defendants or their predecessor's had no possession. Accordi..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
....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 ......t the plaintiffs are not the real plaintiffs and are merely name lenders, that the petitioners have legal right to preempt, that in the facts and circumstances of the case the petitioners are vitally interested in the result of the suit and that for the ends of justice in order to avoid multiplicity..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ...... and should have corrected the erroneous order dated 16 4.76 passed in ignorance of the date of death of the sole plaintiff. Mr. Chaklader submits that this is a fit and proper case where in the interest- of justice the learned Munsif should have exercised his powers under section 151 C.P...Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ......pattan of some portion of the suit land from the defendant No.1 and created some collusive and fraudulent papers. In fact neither the defendant No.1 nor the defendant Nos.13-21 have any right, title, interest and possession in the suit land. The defendant No.1 never auction purchased the suit l..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....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 ......wners. The defendant No.6 fraudulently auction purchased the land on 7.11.62 in certificate sale in pursuance of the Certificate Case No.1836 of 1959 against the original owners who had no subsisting interest. Defendant No.6 did not acquire any title or interest in the suit property and he also did ..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....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 ......tioner as a sole mutwalli of the concerned waqf Estate. Mr. Sircar submits that an appeal under Section 32(2) of the Waqfs ordinance is therefore fully maintainable and he prays that in the interest of justice a direction may be given to the learned District Judge. Dhaka to convert the sai..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
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. ...... Ali Chowdhury and Fakir Mohammad Chowdhury in equal share is wrong and the said previous Mutawallis Yousuf Ali Chowdhury and Fakir Mohammad Chowdhury had no individual or personal separate title and interest in the suit land other than that of Mutawallis of the Wakf Estate. The said two Mutawallis ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1