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Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....d allegation even for the prima facie consideration of this Court. The prolongation of the proceedings in such circumstances will be abuse of the process of the Court, he submits. 22. Normally disputed questions of fact are to be tried on evidence by the trial Court and this Court sitting in ......s on the 8th July, 1972 inviting any claims within 7 days of the same. On examination of the claim of various owners the Cantonment Board published a final list on the 12th August, 1972 wherein the holding No.40 Mohakhali (i.e. the premises were not declared as abandoned by the authority empower..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
.... to the old Code of Criminal Procedure as if no amendment has been made and in that view he argues that the case being a pending one should be tried with the aid of assessors. In this case, it is not disputed that the records were transmitted to the Court of sessions on 15-6-77 and the Law Reforms O......rson and died as a consequence of that. 4. Mr. Azizul Haque, the learned Advocate appearing for the appellants, submitted primarily two grounds for our consideration. Firstly he submits that the holding of the trial without the aid of assessors as contemplated under section 268 of the old Code ..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....er I find no substance in the contention of the learned Advocate for the petitioner. 8. Secondly, he has sought to contend that since a complicated question of tide was raised with regard to the disputed premises, the S.C.C. Judge had no jurisdiction to try the suit under the S.C.C. Act. The le...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ......present at the time of talk of the alleged settlement. According to him premium was fixed at Tk. 15/- and annual rent at 5 annas some gandas. Ext.A(1) indicates that the superior interest of the suit holding used to be hold by Abuds Sattar and others under the suit khatian No.81 (ka) and 81 (kha) un..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ...... by the learned trial court without reversing his finding and referring to the material on which the trial court based his finding. He further submits that the learned appellate court erred in law in holding that the transfer in question by Jatri in favour of Subhadra was for legal necessity. Accord..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....that the under-tenancy in question was annulled by serving notice under section 167 of the Bengal Tenancy Act, the notice was served on the land by hanging a copy thereof on a bamboo slip in the disputed land and possession thereof was taken by beat of drum in the summer season and he was pre&s......laintiff-appellant has urged that on the face of preponderance of evidence on record which he has referred to, in the course of his submission, the lower appellate court erred in law in not holding that the tenancy of the defendants was not annulled. 8. Mr. Md. Latifur Rahman, the lea..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....ment March 9, 1983. Result: The Rule is discharged. Disputed Question of Title A proceeding under section 145 of the Code of Criminal Procedure is not a proceeding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Procedure is...... 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. ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....onal Sessions Judge failed to notice that the witnesses produced by the prosecution were all interested and deposed falsely and that no independent witness was produced. 11. In this case, it was disputed at all that Jitendra was murdered and that his deadbody was found out from a bil. This has ......tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
.... 2(d) in The Shops and Establishments Act, 1965. Among other concerns "banking company" and "a bank" was also "included within" the definition of the said words. It is undisputed that before the nationalisation of banks in Bangladesh the National Bank of Pakistan and it......helter or protection. * * * * 9. With reference to persons acting in a certain capacity considered in relation to one holding a superior position or office. 10. Denoting subordinate to, or controlled by a person o..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
....the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ...... "The scheme of Act, therefore, is that whatever is not retainable vests in the Government by operation of law that too free from all encumbrances. The High Court was therefore not right in holding that the interest of tenants or raiyats in such hats and bazars had not vested in Government..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ......ready been reconveyed to the original vendor before the filing of the pre-emption proceeding. 4. The learned Munsif on consideration of the materials on record dismissed the preemption case holding that the case land was reconveyed to the original vendor on 14-11-77 and the application was..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ...... passed by the Additional Sessions Judge, 3rd Court, Comilla in Sessions Trial No.247 of 1980 taking cognizance against the petitioner and issuing non-bailable warrant of arrest against him upon holding as follows:- "Since accused Abdur Razzak did not appear before this Court and..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......e opposite parties preferred an appeal and the learned Additional District Judge, Faridpur vacated the order passed by the learned Sub-Judge under order 39 rule 2 and 3 of the Code of Civil Procedure holding that the order of injunction passed by the Subordinate Judge was not in accordance with..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....g with a prayer for accounting. 2. The plaintiff filed the suit as a pauper with leave of the Court under Order 33 Rule 1 of the Code of Civil Procedure. He claimed to be an administrator of the disputed properties appointed under the letter of administration granted in his favour by ...... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ..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)
....in time with regard to short landing of 6 drums in another consignment in the same shipment and hence the payment was made, but there was no inducement or fraud on the part of defendant No.2 that the disputed claim would be satisfied. 3. Defendant No.3, Sadharan Bima Corporation during the...... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3. ..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)
....in time with regard to short landing of 6 drums in another consignment in the same shipment and hence the payment was made, but there was no inducement or fraud on the pan of defendant No. 2 that the disputed claim would be satisfied. 3. Defendant No. 3, Sadharan Bima Corporation during the pen...... at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 362, 3 BLD (HCD) (1983) 3. ..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7