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Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
....Shahabuddin Ahmed J Chowdhury ATM Masud J SM Mohsen Ali J Azizur Rahman & others....................................Appellants Vs. Abdus Sakur and others…..................................Respondents Judgment June 29, 198......l is dismissed. The Transfer of Property Act, 1882 (IV of 1882) Clause (e) of section 108 of the Transfer of Property Act provides for instances in which a material part of a property is wholly destroyed or rendered substantially and permanently unfit for use for the purpos..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
.... & others……………..Opposite-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- Chairman, Bangladesh Steel Mills Corporation Vs. Masood Raza and others, 30 DLR (SC) 169, Government of Bangladesh Vs. A.T.J Industries, 28 DLR (AD) 120. Lawy......iscreants. They were ousted by the Naval Headquarters. The premises were repaired and made habitable by the Naval Headquarters at state expense. The premises in question were listed as an abandoned property and had vested in the state under article 4 to P.O. No.16 of 1972. The premises were allott..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... Present: Anwarul Hoque Chowdhury J Mohammad Hossain Khalifa………………………………Petitioner Vs. Kalachand Das & others…………………………......ual possession on the day of the dispute, the Magistrate must not find possession on the basis of any alleged title or right to possess but on the basis of possession alone to the extent and manner a property is capable of being possessed. Under section 146 of the Code of Criminal Procedure a M..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....howdhurani Vs. Jewahir Singh, 18 ILR Cal. 23; Abdul Mazid Vs. Khalil Ahmed, 12 DLR SC 132; Nadir Shah Vs. Lal Shah, PLD 1954 Lah. 447; Deity Pattabhiramaswamy Vs. S Hanymayya, AIR 1959 SC 57; Nafar Chandra Pal Vs. Sukur Sk, AIR 1918 PC 92; Dhenna Mal Vs. Roy Bahadur Moti Sagar, AIR 1972 PC 102; Wali......li Charan purchased the other two plots, got his name mutated in the landlord's sherista, paid rent for those plots till his death, and after him his son, Pati Ram, defendant No. 2, inherited the property and possessed it in the same way. Defendant No. 2 executed a Power of Attorney dated 2-1-51..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
....admission but the Court must give its reason for such rejection at the initial stage. An appeal under section 407 of the Code gives a substantive right to the appellant to be heard on merit and without disposing the, appeal on merit it cannot be said that the learned Additional Distri......gistrates concerned are disposing of appeals summarily without giving any reason at all, it has become incumbent on this Court to direct such Courts concerned to dispose of appeals on merit with proper reason. Utmost expedition does not mean disposal alone but disposal in accordance w..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
....; ......matter is whether the second prosecution is a revival of the first prosecution or whether it is a fresh prosecution. In the case reported in 14 D.L.R. (S.C.) 96 the Supreme Court observed, "In a proper case an application for revival may amount to a fresh complaint but barring that we would not..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....e is also Reported in: 3 BLD (HCD) (1983) 99. ......e Acquisition and Tenancy Act. 2. The pre-emptor filed an application for pre-emption stating that he is a non-notified co-sharer by inheritance. The pre-emption case was filed within time after proper deposit as required under the law for pre-empting the land sold by kabala, Ext. 1. 3. Th..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. ......eliver the vessel to the plaintiffs within the validity of the letter of Credit; (d) The defendant No. 2 shall deliver or cause to deliver the vessel at the port of Chittagong; (e) That the property in the vessel shall vest in the plaintiffs upon delivery of the vessel to the plaintiff and..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....ellip;……………………State Judgment May 6, 1982. Result: The Appeal is dismissed. Cases Referred to- Abdul Khaleque and others Vs. The State, 12 DLR (SC) 165; Eaar Ali and others Vs. The State, 11 DLR 249; Rashid Ah&...... had fallen in love with accused appellant Abdul Quddus and voluntarily fled away with him. The relations of P.W.2 Ferdousi wanted that appellant Abdul Quddus should give her (P.W.2) some landed property and a share in the taxi. He agreed to give 11/2 bigha of land and half share of the taxi bu..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....ip;…..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; Ram Ran Vijay Prasad Singh Vs. Province of Bhar, AIR 1942 Patna 435; Th......l at the instance of defendants 16, 18 and 19 is directed against the judgment and decree of the leaned Subordinate Judge in a suit for recovery of khas possession upon declaration that the suit properties were trust properties along with a prayer for accounting. 2. The plaintiff filed the..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)
....M/S Brestern Shipping Company Ltd. & others…………………Defendants Judgment April 29, 1982. Result: The suit against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No.3. Case Referred to- ......ng as agent of the East Asiatic Company Limited, ought to have been impleaded in the suit along with the owners of the ship. 7. It has been conceded by the plaintiff that defendant No.1 is not a proper party in the suit, but as defendant No.2 filed a suit for declaration under section 55(1 )(e)..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)
...............Plaintiff Vs. M/S Brostern Shipping Company Ltd. & Others…….. Defendant Judgment April 29, 1982 Result: The Petition against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No. 3. Cases Referred To- ......g as agent of the East Asiatic Company Limited, ought to have been impleaded in the suit along with the owners of the ship. 4. It has been conceded by the plaintiff that defendant No. 1 is not a proper party in the suit, but as defendant No. 2 filed a suit for declaration under Section 55(..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
.... Md. Asghar…………………………………………………..Appellant Vs. Nowab Miah and others……………………………........No.93 was taken. The contention was opposed by the plaintiff According to him the defendants were trespassers to the holding and in a previous suit the plaintiff acquired title in respect of the suit property. The plaintiff opposite party accordingly contended that the application was liable to..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....ivision (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment Janua...... January 26, 1982. Result: The Rule is made absolute Fundamental Right to Protection of Law – Illegal dispossession by Government Officers— Government sold a property to the petitioner and thereafter dispossessed the petitioner from that peoperty--To enjoy p..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....lip;…..Respondents Judgment January 13, 1982. Result: The Rule is made absolute. Whether the Government was within its rights to take over possession of the tea garden and other movables of the petitioners- It is petitioners' inalienable right to enjoy the pr......letter under reference". This letter which is dated 1-12-77 clearly lends support the petitioners statement that due to disturbance during and after the war of liberation the garden could not be properly looked after or managed as it should have been and that the government for that matter coul..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)
.... Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Neerala Tea Estate Ltd. And Another……………........Petitioners Vs. Bangladesh Tea Board and Others ………...............Respondent Judgment January 13, 1982 ......nder reference". This letter which is dated 1.12.77 clearly lends support to the petitioners' statement that due to disturbance during and after the was of liberation the garden could not be properly locked after or managed at it should have been and that the Government for that matter coul..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
....ud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents Judgment November 18, 1981. Result: ......;ing of the enquiry officer that shortage of 9,349 gallons of oil was due to misconduct or misappropriation by the petitioner. 6. As regards the submission that the petitioner was not given proper opportunity in his defence inasmuch as that the witnesses cited by him were not summoned and ..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2