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Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ......tached under this rule. We find that in the case of Shamsul Huda Vs. Mozammel Huq, (1975) 27 D.L.R. 256, Premraj Vs. Maneck Gazi, A.I.R. 1971 Calcutta 156 exhaustive discussions have been made on the provisions of Order 38 Rule 5 of the Code. Movable properties casually brought within..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ......ng under the jurisdiction of the same Court. From the allegations made in the affidavit and the counter allegations made by the plaintiff opposite party in affidavit-in -opposition and in view of the provisions contained in section 24 of the Civil Procedure Code we do not find it a proper ..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ......e who is not a bona fide cultivator; (2) settlement should not be made with any person unless he is a person to whom transfer of land can be made under section 90 of the said Act. -The foregoing provisions of the Act will be enforced vigorously. Except under the special orders of the Board of R..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....w. On appeal before the High Court his Lordships held that a notice for holding a meeting of the Managing Committee of the Secondary school under the Ordinance, the provision of 7 days notice is mandatory in nature and not mere directory and that under the said Regulation the time for holding a......lly lifts the cases of public employment out of the strict category of the master and the servant rule. In such a case, the terms and condition of service may also be regulated by some statutory provisions and the termination of service may be made in violation of such provisions. In that event..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ......hatian No.66 when according to the defendant it was plot No. 1290 and 1291 covering an area of 2.46 under khatian No. 65 as it is in fact written so in the patta in black and white. 8. Under the provisions of law when the terms of a contract or of a grant or of any disposition of property has b..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
.... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......repeated demands the respondent filed the aforesaid application for attachment of properties mentioned in schedules A and B there under for realization of the respondent's dues in accordance with the provisions of Article 33 (1) of the President's Order No. 128 of 1972. After the closing of th..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....ings, and may make such further inquiry in the matter as it thinks fit; and shall either declare that the summons has been 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......er 5 Rule 17 of the Code of Civil Procedure. Again in the case of Most. Johara Begum Vs. Rafiqul Kader reported in 25 DLR page 91 it has been held by another single Bench of this Court that provisions of rule 19 cannot be treated as a dead letter or absolute but that the provisions of rule..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....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 ......r deterioration of animals or goods, whether landed for import or received for export during such time as the same remains in the possession or under the control of the Board, shall, subject to other provisions of this Act and in the case of animals or good, received subject also to the provision of..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
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. ......fa, the learned Advocate has appeared on behalf of the complainant opposite party No.2. He submits that the learned Sessions Judge was perfectly justified in ordering further enquiry as per provisions of section 436 of the Code of Criminal Procedure and no illegality had been committed by ..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. ......oupled with the contemporaneous agreement of reconveyance constituted a mortgage arid that the relief of the plaintiff mortgagor was by filing an application to the Circle Officer under the provisions of P.O.88 of 1972 and P.O. 136 of 1972 and the suit in the present form was not maintaina..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
.... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ......n against the said application contending, inter alia, that judgment debtor No.5 was living in Pakistan on whom the summons was served. The mortgaged land is not enemy property and therefore the provisions of Defence of Pakistan Ordinance and Rules, 1965 do not apply. 5. In the Executing C..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ...... forfeited to Government. Mr. Abdul Quay urn, the learned Advocate for the plaintiff-petitioners, has frankly admitted that the basic document of the plaintiffs title, i.e. Ext. 2, is hit by the provisions of section "75-A of the Act and on the basis of the said kabuliyat; Ext. 2 and the k..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ......ve brought the law in line with the decision (by the Privy Council) in Mohant Ramcharan Das's case (A.I.R. 1938 P.C. 44=39 C.W.N. 433) which was decided under Article 144. In view of the specific provisions in Articles 134 A, 134 B, 134 C it is no longer necessary or permissible to resort t..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)
....dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ...... 4. The learned Assistant Attorney General in support of the Rules has submitted that learned Additional Sessions Judge stopped the proceeding and released the accused persons ignoring the provisions of section 35(C) of the Code of Criminal Procedure (Second Amendment) 1982, hereinafter r..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ......ernment has with drawn the case on the ground that the accused persons are freedom fighters and the offence was committed between the first day of March, 1971 to 16th day of December, 1971, under the provisions of P.O. No.16 of 1973 the case should be deemed to have been withdrawn and the accused pe..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
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 ......eceipt of the balance consideration money. The plaintiff has, therefore, been compelled to bring the suit against the appellant defendant company making the Government defendant No.2 according to the provisions of President's Order No. 42 of 1972. 3. The case of the appellant defendant is t..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
.... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83. ......ointment of an Assistant Professor in the Law Faculty of Rajshahi University on the ground that the Vice-Chancellor was not empowered to make such appointment within the four corners of the provisions of sub-section 5 of section 12 of Rajshahi University Ordinance XXVI of 1973 as the impug..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......on for the transfer as late as on 28.11./1982 i.e. more than two and a half years' after the actual transfer. It has been argued that the transfer is illegal and void ab initio. 38. Relevant provisions of section 13 of the said Act are as follows:- "13 (I) No person shall, except ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....n it has been observed: "However, the special statutory provision in sub-section (2) (of section 96 of the State Acquisition and Tenancy Act) as to the necessary parties to be impleaded, is mandatory ... ..... ....Of course, in an appropriate case such objection may be allowed to be raised....... provides that the procedure provided in the C.P.C. in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of Civil jurisdiction. The above quoted provisions of Orders 8 and 14 therefore apply to the present proceeding. As already stated, the..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ...... them. The informant-petitioner thereafter obtained the present Rule against the said order of acquittal. 3. Chapter XXIII of the Code of Criminal procedure comprising sections 265A-265L contain provisions of trial before Courts of Sessions. It is very much necessary for the Sessions Court to f..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4