Search Options
Judgment Advanced Search
Displaying 861-880 of 3988 results.
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....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 ......lves exist. If a letter exists, it may contain something very different from that which the witness represents to be its contents. When an important letter is not produced and no explanation is given for, its non-production, an inference not unnaturally arises, either that the letter, if written, do......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
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
....n the night following November 9, 1969 and the suit premises were burn down. 3. As the subject matter of the tenancy was destroyed by fire the relationship of landlord and tenant, it was claimed, came to an end. The suit premises, however, remained vacant and in possession of the plain...... Result: The appeal is dismissed. The Transfer of Property Act, 1882 (IV of 1882) Clause (e) of section 108 of the Transfer of Property Act provides for instances in which a material part of a property is wholly destroyed or rendered substantially....... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....question. He withheld or failed to produce any legal document of title upon repeated call. It is not stated who gave the call and when he failed to produce. It is stated that he had no legal right to claim interest in the premises in question. He caused or tampered with public records by undue inf......hmed—For Opposite Party No.1. Kazi Shofiuddia Ahmed—For Opposite Party No.3. Criminal Revision No.285 of 1982. Judgment Mustafa Kamal J.- This Rule issued under section 361 A Cr.P.C is for quashing the proceedings in Sessions Case No.632 of 1981 pending in the 3rd Court, Additional Se......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
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....cument. 5. Rajani Kanta Lala was survived by his 3 sons who were substituted in his place as defendant No.1 (Ka) to 1(Ga). Defendants Nos.(1Ka) and 1(Kha) filed a written statement admitting the claim of the plaintiff. Defendant No.1(Ga) namely, the present petitioner, however, contested the su......ll Cause Courts Act is directed against judgment and decree dated June 30, 1982 passed by the learned Subordinate Judge, Second Court Sylhet (as S.C. Judge) in S.C.C. Suit No.34/73 decreeing the suit for ejectment and recovery of certain articles. 2. Plaintiff-opposite party No.1 instituted the...... 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)
....ngly shifted the burden of proof on the defendants to prove that the property was not a debuttar property. He has submitted further that there is no satisfactory evidence in support of the plaintiffs claim. He has particularly drawn our attention to the deposition of P.Ws.1-3 P.W.1 though asserted t......ue, Subordinate Judge. Manikganj of Zilla Dhaka dated the 30th day of January, 1982 passed in title suit No.52 of 1981. Judgment M. H. Rahman J. — This appeal has arisen out of a suit for declaration that the suit property comprising 10 acre of land of plot No.140 appertaining to S.A...... 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 ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....im by way of settlement from the Ghosh landlords, the defendants could not produce any dakhila or paper to show that they ever paid any rent to any body in respect of the under-tenancy they claim to have been holding from a long period of time. It indicates that they have been acting upon ......ving died has been duly substituted by his heirs. The contesting respondent No.1 Kahiluddin also died during the pendency of this appeal and has been duly substituted. 2. The suit was instituted for the establishment of plaintiff's title and khas possession in the suit land after disma......osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....pter "disposal of property" provides that when an inquiry or trial in a criminal Court is concluded the Court may make such order as he thinks fit for the disposal or delivery to any person claiming to be entitled to possession thereof any property in custody of the Court or regarding whic......eeding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Procedure is limited to the question as to who was in possession at the relevant time. This is for the Civil Court to decide. In order to find out actual possession on the day of the dispute, the......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)
....endant. He claimed the appellant to be his tenant from month to month in respect of the suit premises. The appellant denied the landlord-tenant relationship with the respondent and set up a claim of his independent title on the basis of purchase. The suit land consists of 3 Plots Nos. 25, ......oss the error may be. 2. Circumstances giving rise to this appeal may be described as follows: Respondent as plaintiff filed O.C. Suit No. 225 of 1960 in the Court of Munsif, Rajshahi, for recovery of khas possession of the suit land by ejecting the appellant-defendant. He claime......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
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....under the Government following a chain of command. 13. We have earlier quoted section 1(6)(iii) of the said Act. It will be seen from the said sub-clause (iii) that any public statutory body can claim exemption from the operation of the said Act provided it is not run for profit or provided in ......ps 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 its branches were ......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
....of 1982, which arose from T.S. No. 16 of 1981, were disposed of by us by a common judgment dated 13 July, 1982.
7. While disposing of those appeals this Court rejected the Managing Partner's claim that he had absolute power to run the affairs of the firm and referred to Article 10 of the Pa....... - I have gone through the judgments written by Badrul Haider Chowdhury and Shahabuddin Ahmed JJ. and I concur with the decision of Shahabuddin Ahmed J.
Badrul Haider Chowdhury J. - It is my misfortune that I could not persuade myself to the view expressed in the judgment of my learned brother......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
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
.... page 229 dismissed the proceeding for pre-emption. The learned lower appellate Court set aside that judgment holding that the deed of reconveyance was brought into being only to defeat the claim of pre-emption and in that view refused to apply the law as enunciated in the above ruling. ......lip;……Opposite Parties Judgment November 24, 1982. Result: The Rule is made absolute. Whether right to pre-emption exists if reconveyance of land comes about before starting of proceeding for pre-emption- If the reconveyance takes place before the st......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. ..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
....igh Court Division. Further, the respondents' predecessor, having executed the document in question on accepting the terms and conditions mentioned therein cannot now be allowed to claim that he, being an illiterate person, executed the document without actually knowing its con&sh......
Judgment
Fazle Munim CJ. - This appeal arises from the judgment dated 11th December, 1979 passed by the High Court Division in Second Appeal No. 27 of 1966.
2. The appellant which was formerly Dhamai Tea Company Limited instituted Title Suit No. 76 of 1958 in the 2nd Court of Mu......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
....share of schedule Kha and Ga land and ordered that they were entitled under section 4 of the Partition Act to repurchase the remaining share on payment of Tk. 1,000/- by 13-8-73 in default their claim under section 4 of the Partition Act would stand cancelled and they would get only 2/3rd share......e at which the questioned property be repurchased by the plaintiffs and then the final decree be passed to give effect to the order. 7. At the outset Mr. A.N.M. Shahidullah, the learned Advocate for the respondent, pointed out from the record that as there was no interim order from this court s......nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....gotiate the letter of credit on delivery to the defendant No. 6. (i) Legal bill of sale in original, duly attested by a Notary Public stating that the vessel is free from encumbrance, all debts, claims, etc. (ii) Certificate of deletion of the vessel from the Panamanian Register of the def......udgment Fazle Munim CJ. - This appeal arises from the judgment of a Single Judge of the High Court Division 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 de......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
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... properties were trust properties along 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 adminis......of 1966. Judgment Ranadhir Sen J. — This appeal at the instance of defendants 16, 18 and 19 is directed against the judgment and decree of the leaned Subordinate Judge in a suit for recovery of khas possession upon declaration that the suit properties were trust properties alon......tee": the person for whose benefit the confidence is accepted is called the "beneficiary": the subject matter of the trust is called "trust property" or "trust money": the beneficial interest" or "interest" of the beneficiary is his ri..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)
....ip AYUTHIA landed at Chittagong on 18-6-79 twenty five drums were short landed. The Chittagong Port Trust accordingly issued a short landing certificate on 10-10-79 to that effect. The plaintiff claimed from defendants 1 and 2 damages of Tk. 5, 82,825/- for the Un-delivered cargo of 25 fibre dr......s were short landed. The Chittagong Port Trust accordingly issued a short landing certificate on 10-10-79 to that effect. The plaintiff claimed from defendants 1 and 2 damages of Tk. 5, 82,825/- for the Un-delivered cargo of 25 fibre drums. Defendant No.2, acting for defendants No.1 informed th...... 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)
....eamship AYUTHIA landed at Chittagong on 18-6-79 twenty five drums were short landed. The Chittagong Port Trust accordingly issued a short landing certificate on 10-10-79 to that effect. The plaintiff claimed from defendants 1 and 2 damages of Tk. 5, 82,825/- for the Un-delivered cargo of 25 fiber dr...... drums were short landed. The Chittagong Port Trust accordingly issued a short landing certificate on 10-10-79 to that effect. The plaintiff claimed from defendants 1 and 2 damages of Tk. 5, 82,825/- for the Un-delivered cargo of 25 fiber drums. Defendant No. 2, acting for defendants No. 1 informed ...... 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
.... declared as the Court of Admiralty. This Court exercises the same jurisdiction as the High Court of England exercised in 1890 under the Admiralty Court Act of 1861. The instant suit arising out of a claim for non-delivery of the cargo that was to be carried by the ship Nedlloyd Leuve is amenable to......red as the Court of Admiralty. This Court exercises the same jurisdiction as the High Court of England exercised in 1890 under the Admiralty Court Act of 1861. The instant suit arising out of a claim for non-delivery of the cargo that was to be carried by the ship Nedlloyd Leuve is amenable to the j......l to hear, examine, try and determine all causes, civil and maritime and all pleas of contracts"
and
"all matters and contracts which in any manner whatsoever relate to freight or money due for ships hired and let out, transport money, maritime usury or bottomry or to extortions,..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....ained by the petitioner who was O.P. No. 1 in a preemption case to revise the concurrent judgments and other passed by the original and the appellate Court below refusing the present petitioner's claim for rateable preemption under section 96(4) of the State Acquisition and Tenancy Act......by the petitioner who was O.P. No. 1 in a preemption case to revise the concurrent judgments and other passed by the original and the appellate Court below refusing the present petitioner's claim for rateable preemption under section 96(4) of the State Acquisition and Tenancy Act. ......e and the case remanded to the trial Court for apportionment of preemption in favour of the present petitioner and the present O.P. and to obtain a deposit of the proportionate amount of compensation money from the petitioner before granting preemption and rateable preemption to the parties concerne..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
....ittagong Port and due to the impugned order the goods could not be released by the appellant and huge amount of damages and interest are being accumulated. He further submits that the plaintiff's claim relates to only 3rd share in the disputed goods and the appellant has challenged the existence......hest remedies allowable under the Civil Procedure Code and Court has to discharge this exceedingly delicate and responsible duty with utmost caution. Though service of notice on the other side before appointing a Receiver is not a legal requirement it would be expedient to issue such notice on ......nership. 4. The plaintiff stated that having been able to ascertain that the goods mentioned in Schedule of the plaint, had been imported by Defendant No. 1, in his own individual name, with the money and fund of the partnership business, he had to file the aforesaid suit application under Orde..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
94211838849793779531908993757123937271229351682193357099933893329228922693829556