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Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
....n for pre-emption filed by a contiguous land-holder is unnecessary. Under section 96 of the SAT Act it is found that if a land has been transferred to a co-sharer and when no other co-sharer has claimed pre-emption, the transfer is immune, by necessary implication, to a pre-emption, by a c......r to the appellants is immune from pre-emption by a contiguous land-holder, by necessary implication. The appellants need not have joined the pre-emptor-respondent, because to join in the application for pre-emption filed by a contiguous land-holder is unnecessary. Under section 96 of the SAT A....... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....ed loss due to short delivery and damage of the goods on account of negligence, fault and misconduct of the defendant No.1, the master, officers and crews of the vessel, he is entitled to realise the claim from the principal defendants and accordingly, he has instituted the suit in the Adm......llah with S. K. Siddique— For the Respondent Nos.2 and 3. Admiralty Suit No.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff has filed a suit in Admiralty jurisdiction for realisation of Tk. 17,87,363.18 against the principal defendants for loss and damage to the carg......t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
....st the defendant for permanent injunction restraining the defendants from interfering with the possession of the plaintiff in the suit premises and also not to evict him therefrom. The plaintiff claimed that the defendant's father was a licencee under the Bangladesh Railway and after his de......cted against order No.98 dated 26.9.83 passed by Mr. Md. Taha Mollah, Munsif, 1st Court, Sadar Chittagong in Other Suit No.91 of 1980 rejecting the defendant's application dated 26.9.1983 praying for addition of Bangladesh Railway and its General Manager as defendants in the suit. 2. T...... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
H.N. Fabrics Ltd. Vs. Mallick Textile IndusÂtries and others, 1985, 14 CLC (AD)
.... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ......dgment January 15, 1985. Result: The petition is dismissed. Breach of contract The plaintiff is to prove the mutuality of the agreement in an action for breach of contract. The idea of the purchase price, the offer of money or money valu...... dismissed. Breach of contract The plaintiff is to prove the mutuality of the agreement in an action for breach of contract. The idea of the purchase price, the offer of money or money value for the defendant's promise remains the essence of consideration. The plaintif..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......s allowed in full. When a recorded confession proves itself without calling the Magistrate who recorded it. When the confession has been recorded in accordance with law by observing all the formalities prescribed by law (i.e. by observing all the formalities prescribed by Ss. 164 and 364 C...... his bidi with a matchstick. Then the said dacoit struck P.W.4 with a hashua on his shoulder and on parts of his body. P.W.3 Mahbul ran away after seeing the occurrence. The dacoits took away all the money from P.W.4 Matiur. On the cries of P.W.3 Mahbul, the informant's uncle P.W.5 Nowsheruddin,..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....o be not so much over the liability to repay the debt obtained by Gannysons Ltd. before it was treated as abandoned, but over who is to repay the same, the Government of Gannysons Ltd. which is now claiming that it, being a company registered in Dhaka, neither itself nor its properties could hav......ision of the Supreme Court by the Constitution of Bangladesh, vide Article 104 to do complete justice in a case, it is declared that Gannysons Limited is not an abandoned property. It should, therefore, be immediately released…………(17) Lawyers Involved: T.H. K......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
....ice inasmuch as the enabling power conferred upon the court to put such question "to him as the court thinks fit". This discretionary power is to be used for ends of justice arid a litigant cannot claim exercise of such discretionary power when the rules of evidence do not permit such course. Th......witness must be exercised judicially and not arbitrarily. Discretionary power under Order XIIX rule 17 of the Code of Civil Procedure shall have to be exercised subject to law of Evidence for the time being in force. Discretionary power of the Court cannot be exercised for helping the l...... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32...Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ......Munsif, 1st Court at Sadar, Chittagong in Other Suit No. 109 of 1965. 2. The respondent Nos. 1-3 as plaintiffs instituted Other Suit No. 109 of 1965 in the 1st Court of Munsif, Sadar, Chittagong for declaration that bainanama dated 15.1.63 and kabala dated 8.3.65 executed by the plaintiffs are ......the hand of his brother Nazir Ahmed, who is D.W. 5 and the possession of the land was delivered on the same day to Nazir Ahmed. The defendant possessed the land on payment of balance of consideration money. The kabala was executed but the plaintiffs did not go to the S.R. office. On the following da..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....s are fulfilled as it has been found in this case. By seeking declaration in a negative way namely that, ''Defendant No.1 is not the adopted son of her father" plaintiff has in substance claimed declaration of her title to a legal character as legal heir of her father…….........rmani.............................Opposite-Party Judgment July 31, 1984. Result: The Rule is discharged. Negative declaration A negative declaration sought by the prayer for a declaration that defendant No.1 is not the adopted son of plaintiff's father but this, in ......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)
.... observed that D.Ws.2 and 4 have stated that they were present at the time of execution of the kabala and at that time no agreement was executed. It, however, appears that these two witnesses did not claim to be present at the time of the execution of the kabala. It is therefore a clear mis-reading ......llant. A. K. M. Shafiqur Rahman—For the Respondent. Appeal from Original Decree No. 124 of 1972. Judgment Md. Altaf Hossain J. - This Second Appeal arises out of a suit for specific performance of contract. 2. Dula Meah, appellant since deceased and substituted by......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)
....an by executing power of Attorney dated 6.8.65 and from Ataur Rahman the plaintiffs purchased the said lands by two kabalas dated 21.4.66 and 23.4.66. After their said purchase one Belal Hossain claimed right by an earlier settlement from Shyamapada and Kalipada and to avoid the dispute the pla......t Judge, Pabna in O.C. Appeal No.63 of 1977 reversing the judgment and decree passed by the Munsif, 3rd Court in O.C. Suit No.114 of 1969 and dismissing the suit. The plaintiffs brought the suit for a permanent injunction to restrain the defendants from disturbing the plaintiffs' posse......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)
....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. ......te.....................................................Respondent Judgment July 12, 1984. Result: The appeal is dismissed. The gist of section 157 of the Evidence Act is that former statement of a witness may be proved to corroborate his later testimony as to the s......t him in fear of instant hurt and committed robbery in respect of 30 items (mentioned it details in the F.I.R) including a pair of ear-rings, one gold ring, 3 wrist watches, harmonium, cash money of Tk. 1100/- clothings etc. worth in all more than Tk. 12,000/-. Thereafter the robbers left ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....reemanta Ram Dey as sole owner and proprietor in possession of the schedule property to the extent of 16 annas agreed to sale the suit property by a bainanama dated 24.4.75. In the plaint it was also claimed that defendant No. 1 also gave him possession in the suit property. It was further alleged t......t No.24 of 1981. 2. The opposite party Nos.1-2 namely Saleh Ahmed and Mostafa Kamal as plaintiffs instituted the said Other Suit No. 24 of 1981 in the Court of Subordinate Judge, Cox's Bazar for specific performance of Contract of sale, delivery of possession after execution and registratio......a bainanama dated 24.4.75. In the plaint it was also claimed that defendant No. 1 also gave him possession in the suit property. It was further alleged that at the time of agreement the consideration money was fixed at Taka 40,000/- out of that Taka 38,000/- gave as earnest money and the defendant N..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....he plaintiff, since after her marriage having lived away with her husband she was no longer a member of her paternal family and she also did not possessed the dwelling house and as such she could not claim to purchase the defendants' share of dwelling house under section 4 of the Parti...... by the Subordinate Judge Rajabahi, in Title Appeal No. 120 of 1979 affirming the judgment and decree passed by the Munsif, Rajshahi, in O.C. Suit No. 17 of 1975 decreeing the suit in the preliminary form. 2. The plaintiff opposite party brought the suit for partition of her 8 annas share in th....... 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
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....ed before the judgment until further orders. The attachment order of the vessel in question shall be vacated, as soon as the defendant No. 1 shall furnish bank guarantee or sufficient surety upon the claimed amount of the suit.” As Civil Rule No. 33(F.M.) of 1984 for stay also arises out ......hellip;…………Opposite party Judgment June 12, 1984. Result: The appeal is dismissed. Whether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civi......dly, the defendant No. 1 has got no other property in Bangladesh. If the suit be decreed, and if the vessel in question leaves the port of Chittagong at the present stage, then the object of the money suit may be frustrated. Considering these circumstances I think, there is sufficient comp..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....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 ......arat Ali as plaintiff instituted the suit which was decreed by the trial Court and affirmed by the Court of First Appeal as stated above. 2. Mr. Md. Ahsanul Kabir, the learned Advocate appearing for the appellant has taken me through the judgments of the Court's below. The learned Advocate ......ed within a reasonable time as provided in section 46 of the Contract Act. He submits that in the instant case the contract was made on 20-10.50 and the plaintiff returned the consideration money in March, 1965 i.e. about 14/1/2 years after the contract. It cannot be said to be a performan..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....for all the relief he would be capable of asking at that moment. A Court will not throw out a suit unless it is satisfied beyond all doubts that the plaintiff ought to seek further relief and yet has claimed nothing beyond mere declaration. Honestly speaking a suit to have a declaration as to the tr......2. Facts in short are that G.M. Ali Baksha, Headmaster of Agarghata High School P.S. Paikgachha, District Khulna as sole plaintiff filed a suit, being Title Suit No.324 of 1976 in the Court of Munsif for a declaration that the resolutions adopted by the Managing Committee of the Agarghata High Schoo...... 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. ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
M/s. Haque BroÂthers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
.... Order against the appellant for realisation of Tk. 29,72,910.28, equivalent to US dollar 1,90,609.05, with pendente lite interest at the rate of 71/2% and 2% liquidated interest per annum on the sum claimed including both principal and interest accrued up to date of filing the application. Responde...... terms and the dispute comes to an end. If the proposed terms become infructuous, they cannot be used in future against the writer in deciding the issues between the parties. If the document is formally proved, the Court can ultimately examine such letter. But if the entire letter is written â......hes the appellant's claim that they have paid 4 lacs not once, but twice over on two different occasions. The appellant company could not prodÂuce any receipt whatsoever of payment of this amount of money twice over. The mere assertion that they have lost all their papers during the disturbance in ..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
..... Bose lastly submitted on behalf of the respondent that even if there was no proper service of summons still unless fraudulent suppression of summons can be proved the plaintiff appellants could not claim to have the ex parte decree set aside. This contention does not appear to be acceptable. An ex......en duly served or order such service as it thinks fit. This is certainly a mandatory requirement of law and if it is not complied with then there can not be a legal service of summons. Therefore, service being a vital importance, the Court before declaring the service to be sufficient must......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)
.... of defendant Nos. 1 and 2 admittedly belonged to the plaintiff. The plaintiff instituted the suit alleging that the defendant Nos.1 and 2 got the documents executed from her by practising fraud. She claimed that in spite of the documents she was continuing in possession. The defendant No. 2 contest......iya in other Appeal No.169 of 1981 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 ......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
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