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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. ...... 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..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....tion was to be made to the transferee. It would appear that in that case the Court was concerned primarily with the question as to whether the contract for reconveyance in that case was a contract of personal nature and it came to the conclusion that the contract was one of personal nature and could......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..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....rvices", was held there that the contract gave the management the right to prohibit any part of the performance or the right to ask a new song but performing the very act of singing deserved the personality of the artist which the management can neither control nor interfere. Their lordships th...... 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)
.... 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 ......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..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)
.... 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. ......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 ..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....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 ...... defendant 1(b) Shyamapada are the Secretary and Joint Secretary of the said Committee respectively. The Chatteswari Temple Development Committee was formed in 1972. The Shebayets propose to sell the property of the schedule for the improvement of the temple which was damaged by the Pakistan Army du..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
.... declaring the service to be sufficient must be satisfied that all the requirements of the law have been strictly complied with. This is all the more necessary in a case where the service is not personal and also when the service is on a Pardanshin woman. An ex parte decree passed without ......istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....o indemnify the loss of the plaintiff due to loss of the car under the terms and conditions of the policy. 7. The plaintiff further alleged that he purchased and imported the car in suit for his personal use. Market value of the car at the relevant time was Taka 20,000/- and the present market ......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
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
.... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ......dgment Md. Altaf Hossain J. - This revisional application under section 115(1) of the Code of Civil Procedure arises out of the following facts:— 2. The petitioner transferred certain property to opposite party Nos.1 and 2 by a registered kabala dated 20.05.1970 for a sum of Tk.4,700..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
.... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ...... judgment debtors had been residing in India as Indian citizens for years before the passing of-the decree, that by reason of being enemies under the Defence of Pakistan Ordinance and Rules, 1965 the property had vested in the Deputy Custodian of Enemy Property by virtue of Notification No.1199 Gene..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
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 ......in Dayal Singh Hazari, Sree Durga Prasad Singh Hazari and Sree Arun Kumar Singh Hazari thereafter filed Other Suit No.37 of 1982 on 5.3.82 praying for a degree declaring that the transfer of the suit property by the five deeds to defendants 1, 2 and 3 i.e. opposite party No. 4 Sreemati Kalyani Biswa..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
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 ......ourt, Barisal in Title suit. No.272 of 1977. 2. The opposite party Nos.1-3 as plaintiffs filed Title suit No.190 of 1975 in the Court of Munsif, Barisal for declaration of title to the suit property against the defendant-petitioner and the defendant opposite party Nos.5-31. The suit w..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 ......2 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 not get possession of the same. In Baishakh 1370B.S. the defendants No.6 th..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 ......ministrator of Waqfs praying for removal of the petitioner as Mutwalli under Section 32 of the Waqfs Ordinance, 1962 alleging breach of trust, misappropriation and mismanagement of the Waqf property. The Administrator of Waqfs after hearing both sides and taking into consideration the docu..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
.... same in the names of Yousuf 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 Esta...... or personal separate title and interest in the suit land other than that of Mutawallis of the Wakf Estate. The said two Mutawallis Yousuf Ali Chowdhury and Jakir Mohammad Chowdhury had sold the suit property for Tk. 300/- by the registered kabala dated 3.5.1937 in favour of appellant defendant No.1..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
.... 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 ...... and decree passed on 30.11.77 in Other Suit No. 41 of 1974 by Mr. N. Ahmed, Subordinate Judge, First Court, Chittagong in a suit for specific performance of contract in respect of sale of immoveable property. 2. On 7.6.74 plaintiff respondent M/S. G.K. Brothers instituted Other Suit No. 41 of ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
....versity against the Vice-Chancellor of Rajshahi University over an official act of Rajshahi University. What exigency of circumstances prevailed which compelled an officer of the University personally to institute a suit against it's highest officer of the University with regard to an ......could still pass any declaratory decree in the suit under section 42 of the Specific Relief Act involving any personal entitlement of plaintiff to any legal character or to any right to any property. The Dean of Law Faculty is not claiming against the Vice-Chancellor any legal character or..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....dent-company and with that end in view the Board permitted Taiwa to transfer its shares to Sigma International Inc. which was formed by the former office-bearers of Taiwa who provided a continuity of personal, not jural relationship with the respondent-Company Members of the Board of Directors ......ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......that the Courts will usually be guided by the following circumstances in deciding a question of benami, namely. (1) the source from which the purchase money came; (2) the nature and possession of the property, after the purchase; (3) motive, if any, for giving the transaction a benami Colour; (4) th..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....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. ......x's Bazar) and another (Zakir Hossain) in which pre-emptees 1-5 were the plaintiffs. Pre-emptees as plaintiffs filed that suit for a decree declaring inter alia that the suit land is not a vested property. In that plaint the pre-emptees 1-5 had stated in para 3, "That the said Barada and hi..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88