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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 ......in a suit for Specific performance of contract the main issue to be decided in the suit whether there was an agreement between the parties to the agreement and the petitioner is not bound to make any body a party in the suit. In the facts and circumstances of the case the petitioner himself, to safe..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)
....t No.3) for realisation of U.S.$ 1, 63, 843.19 equivalent to Taka 40, 86, 036, 162 in Bangladesh currency on account of commission, credit, service and other incidental charges. The plaintiff was the local agent of defendant No. 1 in Bangladesh, working both as commercial and shipping agent. Defenda......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
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....Suit No. 183 of 1977 of the 1st court of Munsif at Satkaina to any other court of competent jurisdiction mainly on the ground that the plaintiff has got the signatures of all the senior Advocates the local Bar as such the petitioner could not get an Advocate of his choice to defend his case and that......are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
....ing plant and in 1966 another loan of US dollar 52,000.00 under -"IBRD 382 Credit" for expansion and modernization of the aforesaid project. These loans were given in Dollar currency and repayable in local currency at the rate of exchange prevailing on the date of repayment. The first loan carried...... 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. ..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....ant 1(e) Ramapada Adhikari (all sons of last Shebayet Pran Krishna Adhikari) are the Shebayets of the said deity. There is a Committee known as Chatteswari Mardir Unnayan Committee comprising of some local persons including the Shebayets. Defendant 1(a) Chandra Sekhar and defendant 1(b) Shyamapada a......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....defendant No. 1 denied any liability for the alleged loss for the non-delivery of the said consignment. The entire port area and the cargo were under absolute control of the occupation forces and non-local and under the abnormal condition and circumstances prevailing beyond the control of the port a......creants took away many cars etc, to Karachi and other destination. The car was lost due to negligence, carelessness of defendant No. 1 and its officers and staff The car could not be taken away by anybody from the port which is a protected area without the connivance of the defendant No. 1 and its o..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....ry benefit. The said property was also recorded in the name of the said transferors. That the suit property is wakf property found by the Court in the present suit after repayment of the wakf deed in local investigation. There is nothing on record that before, the impugned transfer the transferors t......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)
....or, killed Buzruz Mia member by gun shot. The dacoit injured Buzruz Mia's wife mother and children by gun shots and took away his belongings. The informant did not have time to ascertain from the local people whether the dacoits were recognised. 3. On the basis of this FIR. G.R. Case No.166......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
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
.... which are vested in the Government under President's Order No. 16 of 1972 became vested in the appellant defendant including the said property. In spite of reported requests by the plaintiff the local management of the predecessor company and also of the appellant dependant company delayed the ...... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114 ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....he pre-emptees have been able to show that the pre-emptors had knowledge of transfer right from the date and registration of the deed of sale on 27.04.1979. 8. On behalf of the pre-emptors three local witnesses were examined apart from a formal witness, namely P.W.4 Advocate Sarwar Kamal. They ......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
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......ve been no objection to it. 15. Finally Mr. Mahbubuddin submits that if the plaintiff can prove his possession of the suit land then he can maintain his suit for permanent injunction against any body except the true owner. He cites the case of Jinnat Ali Muktear Vs. Abdul Majid, 27 DLR 385 in s..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....wer post than the post of Accountant, Works Programme. He held that the post of Accountant, Works Programme is merely a temporary post without any cadre, It is neither a Government service nor a local council service. In the absence of statutory provision, an employee of work-charge establ......f the Local Council employed in pursuance of a direction given by the Government. Although he does not belong to any cadre, the District Board is not his master. He is an employee of a statutory body, although his service conditions have not yet been determined by any statutory rules so far. Be..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....ay with them. Thereafter the whereabouts of Abdur Rashid alias Petan were not known. In the following morning the deceased Abdur Rashid's son Md. Hossain along with Sultan Ahmed informed the local Chairman and the members of the local Union Parishad who advised him to go to the Police ......;bers of the local Union Parishad who advised him to go to the Police Station. Md. Hossain accordingly went to the police Station and made G.D entry with Banshkhali Police Station. On 7.6.77 the dead body of Abdur Rashid alias Petan was found by the side of the hill called Samua. Deceased Abdur Ra&s..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
....a clear reading of the said Section it is seen that for a District Judge to entertain a petition under Section 371 of the Succession Act, the deceased ought to have ordinarily resided within the local jurisdiction of the District Judge granting certificate at the time of his death. The term res......as under his treatment at Khulna and that the said patient died at Khulna at 7/3 South Central Road, Khulna. Some other papers were also submitted before the court at Khulna which shows that the dead body of Nasu Khan was carried to Dhaka from Jessore by Bangladesh Biman and the consignee of the woo..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....ho, as already stated, had come to village Kanchana in the morning on 16.11.77 in connection with P.S. Case No. 13(11)77 received the written F.I.R. Ext. 3 lodged by P.W. 1 Mir Ahmed at 9 A.M. at the locality. The said petition Ext. 3 was treated as F.I.R. at P.S. Patiya at 1 P.M. on the same day an......y. The said petition Ext. 3 was treated as F.I.R. at P.S. Patiya at 1 P.M. on the same day and the F.I.R. form Ext. 6 was filled in. The said Sub-Inspector Nurul Huq. P.W. 17 held inquest on the dead body of Kabir Ahmed on the eastern side of the said Jorpukur bridge on the pucca road on 16.11.77 at..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....medies. 3. Admiralty Suit No. 12 of 1983 was filed on 31.7.83 against the motor vessel YIH SHEN, the Master of the said vessel, owner of the said vessel, the Charterer of the said vessel and the local agent of the owner in Bangladesh for realisation of Tk. 19, 63,182.59 paisa. The suit was not ......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
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
.... interest or under the same provisions the record of right that was prepared under Chapter X of the Bengal Tenancy Act would have been revised in respect of any district, part of a district or of any local area as the Government would deem fit and necessary. The particulars which are required to be ......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)
....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. ......een placed in one category and any other Corporation" has been placed in another distinct category-In Martial Law Order No. 40 of 1982 "any Corporation" is disjunctive from "other body or authority-Since any Corporation also includes a corporation established by or under any law ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
.... 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. ......ate only from the date of the application for registration. This is also stated in the certificate of registration of all the designs in Ext.1 series by the Controller, Patents and Designs who on the body of the certificate stated:— ''Provided that the registered proprietor s..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
.... Baksha, a village money lender and as security of the loan mortgaged the suit land with him as a token of that mortgage he obtained a patta from the plaintiff dated 9.3.53 (Ext. A), according to the local custom on an oral agreement that the defendant will recovery the land when the plaintiff ......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. ..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4