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Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....e is discharged. Civil Procedure Code, 1908; Section 24 Transfer of suit when should be allowed – Ordinarily the plaintiff as the arbiter it is has the right to choose his forum and the courts should be very reluctant to disturb this right unless the defendant establishes a bal......iew of the matter he submits that the learned District Judge was right in rejecting the prayer of the defendant petitioner. 6. The learned Advocates for both the parties submit that the suit was properly filed at Satkania, for the plaintiff and the defendant all are residents within the jurisdi..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....tion is dismissed. Cases Referred to- Re Fildes Bross. Ltd., (1970) 1 All E.R. 923; Re: Yenidje Tobacco Co. Ltd., (1916) 2 Ch. 426; Loch Vs. John Blackwood Ltd., 1924 AcC. 783; In Re: Davis and Colett Ltd., (1935) 1 Ch. 693; Ladli Prasad Jaiswal Vs. The Karnal Distillery Co. Ltd., 17 DLR (...... said Managing Director has not been called any meeting of the Board of Directors since 1978. The petitioner was never called upon to function as a director. The accounts of the Company have not been properly kept and audited for presentation to the shareholders at any Annual General Meeting an..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... Appellant. Syed the Shamsur Rahman- For Respondent Appeal from Apaellate Decree No.153 of 1978. Judgment Anwarul Hoque Chowdhury J. - This appeal is directed against the judgment and decree dated 26.7.74 passed by the Additional District Judge Khulna reversing those passed by th......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
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....rt Division (Civil Revisional Jurisdiction) Present: Md. H Rahman J S. Mohammad Ali J Chatteswari Debi Bigraha................................Appellant Vs. Shirih Chandra Das & others..........................Respondent Judgment April 1, 1984. R...... 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)
....egally amounts to non-service of summons. Where a summons is returned under rule 17, the Court shall, if the return under that rule has not been verified by the affidavit of the serving officer, and may if it has been so verified, examine the serving officer on oath, or cause him to be so exami......summons. 10. In the case of Munshi Tamizuddin Howlader and others versus Altafuddin Moral and others reported in 20 DLR page 901 it has been held by a Single Bench of this Court that there is no proper service if the Court fails to examine the peon and to satisfy itself as the service under Ord..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....mp; others..............................Respondent Judgment March 14, 1984. Result: The appeal is dismissed. Cases Referred To- Chittagong Port Authority Vs. Md. Ishaque and others, 35 DLR (AD) 364; Central Bank of India Ltd. Vs. M/S-Jan Md. Hazi Ismail 17 D.L.R. 582; C...... the Trustee of the Port of Chittagong in their witness statements contended that the suit is not maintainable, that the alleged notice under Section 109 of the Chittagong Port Act is not a proper and valid notice, the suit is barred by limitation and that there is no cause of action again..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
................................................Respondent Judgment March 11, 1984. Result: The Rule is discharged. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala and another, 14 DLR 96; Md. Mostafa Chowdhury Vs. Lila Rani Naundi, 22 DLR 199; Habibullah Chowdhury......r of acquittal fresh proceedings in respect of the same offence will be entirely without jurisdiction, while in the case of an order of discharge passed on the merits fresh proceedings will be improper and will not be permitted. 11. In a proper case an implication for revival may amount to..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....Vs. Badsha Mia Sowdagor...............................Opposite Party Judgment March 6, 1984. Result: The Rule is made absolute. Cases Referred to- Abdul Mannan and others Vs. Kulad Ranjan Mawali and others, 31 DLR (AD) 195; Bangladesh Vs. Haji Abdul Gani Biswa......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
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
....D. Singh Hazari & others........................Opposite parties Judgment March 4, 1984. Result: The Rule is made absolute. Cases Referred To- Ashwini Kumar Karmaker and others Vs. Hari Mohan and others, 36 DLR (AD); 51 C.W.N. 644. Lawyers Involved: Rokanu......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
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....preme Court High Court Division (Civil Appellate Jurisdiction) Present: M. H. Rahman J Jaharunnessa...................................Appellant Vs. Safed Ali Bepary and others.................Respondents Judgment February 24, 1984. Result: The a......e been adjusted and settled in a satisfactory way by the lower Court.” 5. I am also referred to Ma Dwe Vs. Ma Tin Lun reported in A.I.R. 1920 Lower Burma 31 where it has been held that the proper time for an aggrieved party to object the findings of the Commissioner is clearly when the pa..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....y;tiff had ceased, he was unable to take any step in the case. The learned Munsif fixed 16 4.76 as the date of positive bearing of the suit. On the said date no steps were taken by the plaintiff and hence the learned Munsjf dismissed the suit for default. 4. On 9.6,76 the present petitione......lication for substitution 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 powe..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....eme Court High Court Division (Civil Revisional Jurisdiction) Present: Daliluddin Ahmed J Sarendra Nath Halder & others.......................Petitioner Vs. Satyandra Nath Halder..............................Opposite Party Judgment January 30, 19......predecessor of the defendant Nos.1-3. The said owners orally leased out the suit land to the defendant Nos.7-11 of the Isth Baisakh, 1360 B.S. at an annual rental of Rs. 5 annas 12 only on receipt of proper salami and delivered possession of the leased out land to the lessees. Thereafter the le..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
.... Present: Fazle Husain Mohammed Habibur Rahman J Syed Mohammad Ali J Nezamat Ali.................................................Defendant-Appellant Vs. Syed Ahmed Chowdhury and others.................Plaintiff-Respondents Judgment January 18, 1984. Result: ......med Chowdhury's son Fakir Mohammad Chowdhury became a joint Mutawalli with his uncle Yousuf Ali Chowdhury. Yousuf Ali Chowdhury and Fakir Mohammad Chowdhury as Mutawallis mismanaged the wakf properties. They illegally transferred some wakf properties, allowed some wakf properties to be sold..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
................(11) Whether appellate court after affirming the finding of the trial court that there is no evidence on record against the accused justified in setting aside the order of acquittal and directing retrial--This is an abuse of the process of the court and must be set aside--Code of c...... follows:— "The investigation of the case has been thoroughly perfunctory.........Since the dead body has been found and identified, the charge under section 364/34 Penal Code was not proper. The evidence on record was not enough to warrant a conviction under section 302/34 B P.C. He..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
......................Respondent Judgment October 4, 1983. Result: This appeal is dismissed. A suit for partition shall include the entire properties of the co-sharers held and possessed jointly- The general rule to include the entire properties of all the co-sharers ....... Gulzar Alam.......................................Respondent Judgment October 4, 1983. Result: This appeal is dismissed. A suit for partition shall include the entire properties of the co-sharers held and possessed jointly- The general rule to include the entire..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....d...............................Respondent Judgment October 3, 1983. Result: Appeal is dismissed Cases Referred to- McCain International Ltd. Vs. Country Fair Foods Ltd. and anr., 1981 RFC 69(CA). Lawyers Involved: Abdur Rashid Khan with Ashraf All Kazi—......n the two cartons. In a case of imitation, however, no two cartons are exactly alike. There is bound to be some difference here and there. But taking the two cartons, not side by side, which is not a proper method of comparison in such cases, but by looking at one at one time and then looking at ano..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
...............................Respondent Judgment October 3, 1983. Result: The appeal is dismissed. Case Referred to- Mc Cain International Ltd. Vs. Country Fair Foods Ltd. and another, 1981 R.P.C. (Reports of Patent. Design and Trade Mark Cases) 69 (CA) Lawyers Invol......n the two cartons. In a case of imitation, however, no two cartons are exactly alike. There is bound to be some difference here and there. But taking the two cartons, not side by side, which is not a proper method of comparison in such cases, but by looking at one at one time and then looking at ano..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....oint holding sub-section (3) of section 117 that that when an order under sub section (1) has been passed subdividing a joint holding, such sub-division may be demarcated on the ground and shown on the cadestral survey map. Thus the scheme of sub-division is very much clear for the pu......isputed lands. 3. The pre-emptee-opposite party No.1 contested the cases by filling written objection and alleging, inter alia, that the petitioner was not a co-sharer in respect of the disputed property with regard to which two khatians under S.A. operation, namely Khatian Nos. 844 and 845 hav..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....lt: The appeal is allowed. Code of Civil Procedure, 1980; order 47 or 1, 2 & 4 Review of Judgment by a Successor Judge The right of review of a judgment is a substantive right and its scope, extent manner and forum are circumscribed by the statute which confer such right-Revi......Ministry of Public Works and Urban Development on 6-2-82 and 13-2-82. While transferring the Government New Market as also other markets of the Dhaka to the Dhaka Municipal Corporation the Government properly demarcated the transferred area in a site plan and also furnished a list of allottees with ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
.... Judgment September 8, 1983. Result: The appeal is allowed. Confessional statement of an accused can not be sole base for conviction Confession of a co-accused is no evidence and that no conviction can be based on it unless there were other evidence on which conviction could......custody for long 3 days. 7. Mr. Marfat Ali, the reamed Advocate appearing for the State contended that the conviction of accused Forkan Ali on the basis of his own confession was quite legal and proper. 8. P.W.1 Bangshi Badan Chowdhury was the informant. His wife P.W.2 Shila Rani, sister P..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
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