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Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....is also Reported in: 37 DLR (HCD) (1985) 49. ...... 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 recovery of possession but in the present case no declaration has been sought in respect to any right o......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. ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....cated. 3. The plaintiff examined himself as P.W.2, the scribe of the agreement as P.W.4 and one of two attesting witnesses of the document as P.W.3. He also obtained the opinion of the handwriting expert who was examined as P.W.1. According to the plaintiff's story the deed o......he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ......he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....r settlement from Shyamapada and Kalipada and to avoid the dispute the plaintiffs again purchased the same lands from Belal Hossain by two kabalas dated 1.1.68. Lands of Schedule Gha belonged to handlord Prangobinda Chowdhury and others. As the said land accreted after the river receded towards......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. ......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. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....le as a hurricane lamp was burning in the room of the informant at the time of commission of the crime and the doctor could recognise the accused the hen latten snatched away the wrist watch from his hand and his wife recognised the accused while the latter was roaming about with the dagger. This Of......ort prepared by Mr. Abdul Wahed P.W.3. We have gone through the record of the test identification parade and found that it has been conducted in accordance with law and there is no illegality what-so-over in conducting the test identification parade. 5. P.W.4 Abdul Malek is a seizure-list witne......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....All by referring to section 4 of the Partition Act submitted that the plaintiff could not be regarded as a member of the undivided family of her father after her marriage. On the other hand Mr. B.N. Chowdhury, the learned Advocate for the plaintiff opposite party contended that in ord......ction 4 of the Partition Act the defendant-petitioners' share of the entire homestead land and building appertaining to plot No.492 which totally measures 3.71 lands while dwelling hut covered only 15 lands of the plots But according to section 4 of the Partition Act plaintif....... 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 ..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ade certain, are void. None of the illustrations (a) to (f) to that section suggests that if the time for performance of contract is not fixed the contract would be void for uncertainty. On the other hand section 46 of the Contract Act provides that where, by the contract, a promisor is to......ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....irectors can be comprised of a minimum number of 3 Directors and I find that the Company is being run by a Board of Directors comprising of 3 Directors. With regard to amassing all powers in the hands of Managing Director I find that under Article 39 of the Articles of Association the Mana......shy;tioner who has lost all faith in the commercial integrity of the said Managing Director. It is therefore just and equitable that the company be wound up and a liquidator be appointed to take over the Company's assets and liabilities and distribute the same to the shareholders. The petit...... is only a last-minute wisdom on the part of the Managing Director that has saved the situation for the present. But if the Management of the respondent-company follows the same old pattern, then the management should realise that winding up like partition is a continuing cause of action. The fact o..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... 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. ...... against the principle of natural justice. It was also alleged that the meeting was neither legally convened, not properly notified nor conducted in the manner as provided in the Recognised non-Government Secondary Schools Regulation 1973 herein after refer to as the Regulation. That the Board ......he case of Gould Vs. Minister of National Insurance, reported in All England Report 1941 (Vol. 1) the case of a Music Hall artist, at page 368 the Court had to consider whether a contract between the management and the Artist was to be regarded as a contract of service or it need to be regarded as &..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....urt 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. ......y as Shebayets along with other Shebayets. The defendant agreed to do so. Accordingly a meeting of the Development Committee was held on 8.5.77. Advocate Sukhendu Bikash Chakravorty (P.W. 3) presided over the meeting. Including the said President and defendants 1(a) to 1(d) Chandra Sekhar, Shyamapad......tment dated 16.10.69 of the defendant's committee for the said deity is illegal, inoperative and without jurisdiction and that the defendants were restrained from interfering with the worship and management of the affaire of the said family deity. Further case for she appellant-defendant 1(d) Sh..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....illment of the requirement of order 5 rule 19 was a mere irregularity and that in spite of such an irregularity the summons could be deemed to have been legally served. 6. On the other hand Mr. P.K. Bose, the learned Advocate for the respondents supported the finding of the learned Ad......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. ......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
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
.... Wazir Ali Khan, 39 I.A. 156; Jacoor Deen Jewari Vs. Nawab Syed Ali Hossain Khan 19A. 192; Kali Baksh Singh Vs. Ramgopal Singh 412A 23; Runulla Vs. Hassan Ali Begunia, A.I.R. 1928 P.C. 303; Hemchandra Roy Chowdhury Vs. Suradhari Debya Chowdhurani, A.I.R. 1940 PC 134; Khurbuja Khir Vs. Ja......81 on 19.12.82 reversing those passed by the 4th Court of Munsif, Patiya in other Suit No.37 of 1979 on 23.3.81.The opposite party No.1 Asma Khatun instituted the suit for declaration of title and recovery of possession. Opposite party No.2 and petitioner are sons of Asma Khatun who has two other so......for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....they have not filed any document to show that they made any missing report earlier than Ext. A. The endorsement of Ext. A were not signed by any officer. Ext. A, with endorsement were over written by hand but they were not initialed. He cannot say who and where Ext. A and B were prepared. He filed E......tisfaction of his claim amounting to Taka 14,108.22 paisa as market price of the Car and interest by way of compensation at the rate of 10/- per annum from the date of institution of the suit till recovery. 2. The plaintiff alleged in the plaint that he was deputed to England by the then East P......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
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....n bringing appropriate suit for establishing his right and for recovery of possession…............(8) Cases Referred To- Sadek Ali Vs. Suruj Ali & others, 5 DLR 95;7 DLR page 96;Chand Muhammad Mondal Vs. Fayezuddin Ahamed & others, 10 DLR 193. Lawyers Involved: P. ....... A person in long possession can be evicted only in due process of law. including the rightful owner. The plaintiffs and their predecessor have been in exclusive possession of the suit land for over 12 years adversely to the defendants and their predecessor. Plaintiff’s title in 4.24 lan......669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....t a part of it was not done lawfully. In support of this contention reliance has been placed on Muhammad Ramjan Vs. Fazlul Huq reported in (1963) 15 DLR 99=P.L.D. 1963 Dacca 987. 4. On the other hand it has been contended by respondent that the appellant had never been prejudiced as he was pres......the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253 ......the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253 ..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
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 ......istrator of Waqfs is not a subordinate Court of the High Court Division or of the Civil Court. 4. The Administrator of Waqfs is appointed under Section 7 of the Waqfs ordinance by the Government. Under Section 10thereof the Administrator shall be deemed to be a "Public Offic...... 3 others before the Administrator 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..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
.... Shahid Gonj Vs. Shiromani Gurdwara Prabandhak Committee, Amritsar; Nursing Vs. Moosharoo, 25 WR 282; Palanibala Debi Vs. Kalipada Chakravorty and others, 54 CWN 950; Prosunno Kumari Debya Vs. Golab Chand Baboo, 2 IA 145; PLD 1957 SC (India) 111; Puniappa Chetty Vs. Sreenath Deivasikamoy Pandara San......were minors, plaintiff No.1 Syed Ahmed Chowdhury was appointed as Mutawalli and managed the Wakf estate. (Yousuf Ali Chowdhury and Fakir Mohammad Chowdhury subsequently expired in 1956). After taking over the management of the wakf estate plaintiff No.1 Syed Ahmed Chowdhury found the suit land ......s Plaintiff No.1 Syed Ahmed Chowdhury on attaining majority spent some years in Burma and Calcutta in connection with service and business; then came to Chittagong and raised objection against the mismanagement of the Wakf Estate by the Mutawallis Yousuf Ali Chowdhury and Fakir Mohammad Chowdhu..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)
....itself by clear and unambiguous terms expressly indicates that time is intended to be the essence of the contract. 9. Referring to the provisions of section 56 of the Contract Act Mr. Khandker Mahbubuddin Ahmed next argued that on the coming into force of President's Order No. 16 ......came into being. By operation of President's Order No.16 of 1972 which came into effect on 28.2.72, share-holdings and business management with all the assets and liabilities stood vested in the Government of Bangladesh. By letter Ext. D. dated 20.1.73. Deputy Secretary, Ministry of Commerce of ......iberation struggle ended and on 17.12.71 Bangladesh as a new nation came into being. By operation of President's Order No.16 of 1972 which came into effect on 28.2.72, share-holdings and business management with all the assets and liabilities stood vested in the Government of Bangladesh. By lett..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ng procedure and therefore in the interest of brevity of proceedings the petitioners would be well-advised to recover for themselves whatever documents of the company it is possible to lay their hands on and thereafter approach this Court to save the Court's time and theirs. 24. The fi......fraudulently and illegally omitted from the said share register. 11. The respondent No.1, 2, 3 and 6 who are share holder-Directors of the respondent company filed an affidavit-in-oppostion controverting the material facts alleged by the petitioners. Later the said respondents also filed a supp...... Directors dated 13.3.72, was authorised to exercise the powers and discharge the responsibilities and duties of the Managing Director. The petitioner No.1 was thus vested with all the powers of management of the business of the company as the Chief Executive and he continued in that capacity u..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....y which has resulted in an error in their decision on merits occasioning a failure of justice and cannot be sustained. 6. Mr. S.C. Das, the learned Advocate for the respondents has, on the other hand submitted that the Courts below have concurrently found that the document in question is a bena......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 ......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 ..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....re harvesting the paddy from the aforesaid land. Thereafter the petitioner and his men proceeded to that direction and when they reached the place they were surrounded and one accused person hurled a hand bomb upon them in consequence of which complainant's brother-in-law was injured. Accus......with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ......with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
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