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Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......risdiction, 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 a fresh complaint but barring that for the reasons already recorded a revival is not possi......ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ..Category: Criminal Law | Date: 11 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. ......or to any officer authorised in this behalf by the Government, for such redemption or restoration and, on such application and, in the case of redemption, also on payment by the applicant of the amount due to the mortagee under the said proviso, the Sub divisional Magistrate or the officer so a...... 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. ..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....r is that the alienation is void when the manager acts in negation of the trust. In the first place if the alienation is not merely of certain items of the endowed property, but of the endowment as a whole, the possession of the transferee is unlawful from the very beginning and limitation would run......t. A was made by the previous Mutawallis in their secular personal capacities. The learned Munsif held that the possession of the plaintiffs with effect from 26.5.1951 through the agency of the Court amounts to possession of the appellant defendant, that the possession of the plaintiffs through cour......able it is in their Lordships’ opinion competent for the shebait of property dedicated to the worship of an idol in the capacity as shebait and manager of estate, to incur debts and borrow money for the proper expenses of keeping up the religious worship, repairing the temples or other po..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 ...... 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 the defendant-appellant also agreed to sell the same to the plaintiff-respondent at the said price. The plaintiff paid Taka 33,000/ to the Imperial Chemical Industries (Pakistan) Ltd. as earnest money. The agreement Ext.1 dated 17.8.70 was executed by Mr. F.K. Gaznabi, the duly constituted Atto..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
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 ......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 ......he suit and was substituted by her heirs defendant Nos. (1) and (2) Kalu Meah and Ledu Meah by a registered kabala dated 21.3.50. The plaintiff further alleged that he purchased the same with his own money for his own interest. Mouna Khatun could not bear any issue to Abul Meah and Abul Meah took a ..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. ......t, he must not do so evasively, but answer the point of substance. Thus, if it is alleged that he received a certain sum of money, it shall not be sufficient to deny, that he received that particular amount, but he must deny that he received that sum or any part thereof, or else set out how much he ......ar, Chittagong. The pre-emptor respondents 1-3 thus coming to know about the transfer for the first time instituted the present case on 14.07.1981 praying for pre-emption depositing the consideration money of Taka 1, 00,000/- with compensation of Taka 10,000/- Pre-emptors are agriculturists. It was ..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......f facts which it states, when the witness is dead or cannot be found or is incapable of giving evidence or is kept put of the way by the adverse party or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasona......ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
....nd or home town the debt may be long lime barred. It is this necessity of hurry and the fact that the death may occur any where even on transit without a fixed place of residence, perhaps in the whole of the country which again prompted the legislature in its anxiety to add that if at the ......to realise the cash that were lying with the Daulatpur Branch, of the Sonali Bank having its office at Khulna and also the cash deposited with Motijheel Branch of the Habib Bank at Dhaka and also the amount lying with the Controller of Movement and Storage, Khulna on the allegations inter-alia that ......s good business at Khulna and quite a part of his cash was deposited at the Daulatpur Branch of the Sonali Bank at Khulna as evidenced by the very petition for Succession Certificate and had his money lying with the Controller of Movement and Storage at Khulna and had his residence and address ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ......er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ......e mere inadvertence of the learned Advocate for the plaintiff to pray for leave to sue afresh on the same cause of action, the plaintiff cannot be denied a substantive right to sue over a huge sum of money. To reject the application for review will be to perpetuate an injustice to the plaintiff. ..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....3 by his judgment and order dated 12-9-83 held that there is an error of law calling for review within the purview of Order 47, rule 1 CPC. as there is no specific or implied finding in the whole body of the impugned judgment that the order of status quo so passed would not have the effect......, in support of his contention. The short facts of the case are that a Civil suit was filed by the respondent for a declaration that the order of the District Judge directing a refund of the decretal amount deposited was illegal and without jurisdiction. The suit was dismissed but ultimately in a Le......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......nce of which at the inception would vitiate the transaction itself. Evidence can be led to prove fraud that would shake the very foundation of the contract including its terms and that would not amount to contradicting or varying the terms of the contract. Further, it would include mere misrepr...... short are that the land described in the schedule to the plaint belonged to the plaintiffs Fazle Karim Biswas and Nasim Biswas. They took loan of Tk. 200/00 from the defendant Jaha Baksha, a village money lender and as security of the loan mortgaged the suit land with him as a token of that mortgag..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....dants than one in a suit and the decree appealed from proceeds on any ground common to all the plaintiffs, or to all the defendants, any one of the plaintiffs or of the defendants may appeal from the whole decree and thereupon the Appellate Court may reverse or vary the decree in favour of all the p......mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......ers are bharatias of the defendants came up with, more or less, a common case. It was said that aforesaid Balahari Tripura and Basanta Kumari purchased 1.1 2/3 acres of land separately with their own money by separate documents and Kali Prasanna being one of the three sons of Balahari acquired only ..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......has made is that the premises in question was an abandoned property from the very beginning and once an abandoned property it cannot be released without the proper authority of the Government. No amount of delisting or release will rob this property of its character as an abandoned property. The......Head quarters stopped payment of rent after April, 1981 without consulting the Military Lands and Cantonments Directorate. The Naval Head quarters instituted a certificate case for recovery of rental money paid by the opposite party No.4 under the legally executed agreement and the Memo, under ref..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ......in M.R. Case No.144 of 1979 started under section 145 of the Code of Criminal Procedure directing the complainant in the said case to receive the sale proceeds of the paddy grown on the disputed land amounting to Tk. 14,919/75 from the receiver. 2. Facts are that on the report of the Officer-in......ned Sub-Divisional Magistrate on remand examined six witnesses produced on behalf of the opposite parties and the learned Magistrate on 12-1-81 passed the order that the first party should refund the money which was drawn. Against that a Criminal Revision No.8 (1) of 1981 was preferred by the other ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....ed 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 defendant No. 1 were overruled by ......ecorded in the Rent-Roll by mutation he cannot pay rent. The High Court Division further found that although the plot numbers were not mentioned in the receipts, other particulars including the exact amount of rent were specifically mentioned there and that this fact established connection between t......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. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
.... 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.
......n a cheque when no cheque along with certificated bills is placed before him and
(iv) who is to decide that petitioner No. 1 has refused to subscribe his signatures in a cheque for withdrawal of amounts under certificated bills and/or pass such other or further orders as your Lordship may deem ......d a contempt of court. The petitioner himself asked for clarification of the Court's order by filing a petition and prayed:
(i) who is to certify bills for the payment of which withdrawal of money is sought,
(ii) What will be the manner of certification of bills,
(iii) Whether pet..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ......s, that the petition of complaint was in fact a petition of revival of the earlier case in so far as the accused petitioners are concerned and that further prolongation of the case against them would amount to unnecessary harassment of the accused and would be an abuse of the process of the Court. T...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......se of the petitioner. Wheat bran by itself cannot be presumed to be an adulterated food being injurious to public health on any account because of the simple fact that any crushed wheat contains some amount of, bran being mixed up with it. It is common knowledge that edible items can be made wi......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....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. ...... passed in Admiralty Suit No 5 of 1981 on April 19, 1982. The appellant and the proforma respondent No. 9 filed the aforesaid admiralty suit against the principal respondents for a decree for an amount of Tk. 71,61,724/- and other consequential reliefs. 2. Facts as stated are that in pursu......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
....Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
......ir in favor of Valley Tea Estate Ltd. the General powers of Attorney executed by respondent No. 1 in favor of MA. Muktadir were cancelled and withdrawn. MA. Muktadir failed to pay respondent No. 1 an amount of Tk. 2737/07 paisa as his cheque dated 234-80 for the said amount was dishonoured on 2-6-19......Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
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