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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. ......ansferred to the Second Court of Subordinate Judge of that place and was renumbered as Title Suit No.4 of 1982. According to the plaintiff's case opposite party No.2 was the owner of the disputed property. He left the territory now comprised in Bangladesh in 1950 leaving the property in the cust..

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. ...... not provide a remedy. It was adopted as a juristic device to prevent injustice. 24. Equity will not suffer a wrong to go without a remedy. A promise thus would create a right and an interest in property though not in law but in equity. It would be enforceable even if it would fall short of a c..

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

Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)

....ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......ied Fulson after the death of her first husband. Fulton also died leaving son Afezuddin, 2 daughters Aiful (through her first husband) and Lal Baru, Aiful inherited 18 gandas and 3 karas share in the property and sold the same to Kinu Bhuson, benamder of Rajendra Chandra Das and Khirod Chandra Das R..

Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8

Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)

....li­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105.         ....... According to the language of section 45 which defines cheating, there are two parts. Under the first part the person deceived must have been fraudulently and dishonest­ly induced to deliver any property and the second part is in respect of a person who by deceiving another intentionally induce..

Category: Criminal Law | Date: 20 Feb, 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. ...... 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..

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

Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)

.... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ......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..

Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180

Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)

....inflict a fine as well as a substantial term of imprison­ment. In English practice can hardly remember a case in which a substantial term of imprisonment has been inflicted as well as fine. In my personal opinion, it can only be suitable in cases where the Court thinks that the justice of case w......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..

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3

Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)

....to inflict a fine as well as a substantial term of imprison­ment. In English practice can hardly remember a case in which a substantial term of imprisonment has been inflicted as well as fine. In my personal opinion, it can only be suitable in cases where the Court thinks that the justice of case w......, 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 ..

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25

Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)

....enquiry to those points and report on them only, without undertaking any other work at the request of the parties. Note I merit quotation: "The proceedings should be drawn up under the personal supervision of the presiding Judge and should contain a statement of the Commissioners duti...... 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: ..

Category: Property Law | Date: 11 Nov, 1985 | Hits: 44

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.   ......), 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..

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)

....t the order may be stay­ed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30.       ......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..

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)

.... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126.   ......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..

Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288

Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)

....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1.         ......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..

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. ...... 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. ..

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

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. ...... 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..

Category: Property Law | Date: 20 Aug, 1984 | Hits: 24

Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)

.... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357   ...... 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...

Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1

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. ......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..

Category: Property Law | Date: 31 Jul, 1984 | Hits: 2

Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)

....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79.     ...... 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..

Category: Property Law | Date: 24 Jul, 1984 | Hits: 2

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   ......#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..

Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5

Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)

..... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351         ......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..

Category: Family Law | Date: 20 Jun, 1984 | Hits: 2