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Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)

.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274.             ......to December, 1971 and taking advantage of that situation the plaintiff illegally looted away all the articles from the suit premises and remained in illegal and forcible possession thereof during the period of the liberation movement and also for few days thereafter, that on his return to Sylhet in ..

Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3

Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)

....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126.   ......hosh landlords, the defen­dants could not produce any dakhila or paper to show that they ever paid any rent to any body in respect of the under-tenancy they claim to have been holding from a long period of time. It indicates that they have been acting upon the premise of annulment of their under..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3

Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)

....e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......dence of possession and may be used as by collateral evidence of title since possession generally follows title. Again, plaintiff's name has also been recorded in the S.A. Khatian prepared in the period immediately following the whole-sale state-acquisition in 1956 and all objections raised by d..

Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99

Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)

....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......tisfied within the time so specified, the Court shall report the case for the orders of the Government. (2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of such report." 3. In this case in Writ Pet..

Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88

The State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288.           ......ic entity of their own and they can sue and be sued in the ordinary Courts in their own names. They do not have any special privilege in legal proceedings brought by them or against them. The special period of limitation enjoyed by the Government in many cases are not applicable to them, unless the ..

Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder alias M. R. Sikder & others, 1983, 12 CLC (AD)

.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed. Ed. This Case is also reported in: 35 DLR (AD) (1983) 203. ......this Court on the allegations stated in the petition. Thereafter three more applications containing 'additional facts and developments' alleging further com­mission of contempt during the period from 30-7-82 to 31-12-82 were filed respectively on 9-11-82, 5-1-83 and 27-1-83. Petitioner N..

Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132

Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)

.... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96.     ......ion case is restored to its original file and number. 3 Let all further proceeding in Criminal Case No.1742 of 1977 pending in the Court of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (H..

Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1

New Dhamai Tea Estate Limited Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and others, 1982, 11 CLC (AD)

....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 157. ......25 years suggests that the defendent was given exclusive possession of the suit land. There is no evidence on record that the plaintiff over executed an act of ownership over the suit land during the period in which the defendant was in possession of it. The defendant's exclusive possession sugg..

Category: Property Law | Date: 6 Aug, 1982 | Hits: 3

Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)

....sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287.           ......b Ali Molla & others………………………Respondents Judgment June 16, 1982 Result: The Appeal is dismissed. Prescribed period of limitation/Extension of the Period of limitation- Period of limitation set under Sec..

Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3

Bangladesh House Building Fin¬ance Corporation Vs. Bangladesh House Building Finance Corporation, 1982, 11 CLC (HCD)

....dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 282.         ......bitration Act, 1910. 6. The objectors case is that there was no dispute or difference about any of the terms of the lease and as such there was no cause for reference to the arbitrator; that the period of lease and the terms of the agreement expired on 30-11-75 and that there cannot be any arbi..

Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2

M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)

....ress International Banking Corporation, Chittagong on condition that the same shall be forfeited and encashed by the defendant No.2 if the plaintiffs fail to establish the letter of credit within the stipulated time; and that the defendant No. 2 agreed to furnish a performance guarantee to the exten......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18.   ......they took her to the house of the sister-in-law of Abul Hossain i.e. the house of Serajul Is­lam in village Behargili. She was kept con­fined there for about 9 days in that house. During that period Serajul Islam, brother-in-law of accused appellant Abul flotsam was not at home but was away ..

Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1

Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)

....irish Chandra Aich distributed the shares six annas, five annas and five annas share of the usufructs of the properties in fa­vour of Mohendra, Nabin and Nikunja re­spectively. He has clearly stipulated that the beneficiaries shall have life interest in the properties and they will enjoy the...... deed executed by plaintiffs father and uncle sons and Mohendra after the probate was granted. This defendant claimed to be in possession of the prop­erties in schedule (B) for over the statutory period of limitation by making construction upon, the land and by excavating tank in a portion there..

Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1

Albert David (Bangladesh) Ltd Vs. M/S Brestern Shipping Company Ltd. & others, 1982, 11 CLC (HCD)

.... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3.   ......ndant No.1. Its contention is that the suit is barred by limitation and is bed for non­-joinder of necessary parties. It has been fur­ther asserted that defendant No.2 did not ex­tend the period of limitation nor did it ackno­wledge the liability; that the plaintiff lodged the claim ..

Category: Admiralty Law or Maritime Law | Date: 29 Apr, 1982 | Hits: 7

Albert David (Bangladesh) Ltd. Vs. M/S Brostern Shipping Company Ltd. & Others, 1982, 11 CLC (HCD)

.... at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 362, 3 BLD (HCD) (1983) 3.       ......agent of defendant No. 1. Its contention is that the suit is barred by limitation and is bed for non-joinder of necessary parties. It has been further asserted that defendant No. 2 did not extend the period of limitation nor did it acknowledge the liability; that the plaintiff lodged the claim withi..

Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7

Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)

....all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157     ......eared on behalf of the respondents. Mr. Mainul Hosein, the learned Advocate for the petitioners has firstly submitted that the Inquiry Officer having submitted the enquiry report beyond the statutory period of 10 days as required under rule 8(4) of the Local Council Servants (Efficiency and Discipli..

Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1

Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)

....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185.         ......ied that the new hostel building of Govt. Pilot High School, Sylhet will be ready for the accommodation of 24 (twenty four) students within one month and it is can be shifted to new hostel after this period. Sd/-Khairuzzaman Chowdhury 18-1-82 (Khairuzzaman Chowdhury) Deputy Secre..

Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1

Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)

....stances of the case, ord­inarily there was no question that the peti­tioners were entitled to the extension contem­plated in the lease deed for achieving the tar­get of tea plantation stipulated therein. Peti­tioners have asserted that in fact in every other case this extension h......me the land in question forthwith on the ground that the proprietor of the Tea Es­tate failed to bring under tea plantation 30% of the total area before expiry of the five years preliminary lease period had stated in his note before the Minister concerned as follows: “সর্ত ছ..

Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2

Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)

.... In the circumstances of the case, ordinarily there was no question that the Petitioners were entitled to the extension contemplated in the lease deed for achieving the target of the tea plain ration stipulated therein. Petitioners have asserted that in fact in every other case this extension had be......me the land in question forthwith on the ground that the Proprietor of the Tea Estate failed to bring under tea plantation 30% of the total area before expiry of the five years' preliminary lease period had stated in his note before the Minister concerned as follows; “শর্ত ছ..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

.... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......from duty in the occupation regime and did not receive any salary from that regime with a view to participate in the liberation struggle whether staying inside or outside Bangladesh, for a continuous period of not less then three months immediately preceding 3rd December, 1971 and did not serve unde..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1