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Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)

....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. ......rly with regard to the age of plaintiff No.2 who was found to be only 15 years old at the time of the execution of Ext. A and as such it was held that his share did not pass to defendant No.1 by that document. 11. Mr. A.H. Md. Saadat Ali Khan, the learned Advocate for the appellant, has endeavo..

Category: Property Law | Date: 1 Jul, 1982 | Hits: 2

Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)

....e matter came up before a single Bench of this court but since a larger. Bench should receive the question involved in the Rule, it has been referred to this Bench for a decision by the learned Chief justice. The pe­titioner was represented by Mr. B.N. Chowdhury the learned Advocate. The opposit......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. ..

Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1

Bangladesh House Building Fin¬ance Corporation Vs. Bangladesh House Building Finance Corporation, 1982, 11 CLC (HCD)

....dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 282.         ......nce of the contract section 53-A of the Transfer of Property Act, by plain implication, enables the transferor to enforce a right expressly provided by the terms of the contract and the un-registered document is admissible in evidence in a suit to enforce this right of the transferor and where a les..

Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2

M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)

....bmitted that apart from the provisions referred to by him above, the Admiralty Court can return the plaint by invoking its inherent powers under section 151 C.P.C., if it is necessary for the ends of justice or to prevent the abuse of process of the Court. In support of this proposition the learned ...... Tag's agent in Singapore; (iv) Acknowledgement receipt duly signed by the plaintiffs upon receipt of the vessel in afloat condition at Chittagong in Bangladesh to be attached along with the documents required for negotiation of the letter of Credit. (v) Commercial Invoice in Triplicat..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400

United Planters And Traders Limited And Another Vs. Md. Mosharraf Hossain Knan & Others, 182, 11 CLC (HCD)

....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     ......ny wrote to respondent No. 2 giving all the facts relating to the transfer of shares and the present state of the company; and, on being asked, the learned lawyer of the company produced all relevant documents before respondent No. 2 but the petitioner did not get any relief. In this background the ..

Category: Company Law | Date: 28 May, 1982 | Hits: 3

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

.... "Were the law otherwise, many crimes which are usually committed between ac­complices in secret, such as incest, of­fences with females, or the present case, could never be brought to justice." 15. While considering the question of the necessity of corroboration of the evid...... of her grand father with intent to commit illicit in­tercourse with her and after both the accused appellant had raped her against her will and without her consent by force, they tried to obtain documents to show that, there was a marriage between appellant Quddus and P.W.2 Ferdousi subsequentl..

Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1

Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)

.... 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.   ......akhilas. Exhibit K 1 is the certified copy of demand notice Exhibit L 1 series are certain challans and Exhibit M 1 is the certified copy of the order sheet in certain title suits. These are all line documents put in evidence on behalf of the contesting defend­ants. 13. The learned Subordin..

Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1

Albert David (Bangladesh) Limited Vs. Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, 1982, 11 CLC (HCD)

....ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 356   ......g Port Trust also issued a Certificate to that effect. The plaintiff sent on 13.6.80 its claim bill dated 12.6.80 for Tk. 10, 27,502/- for the total value of the goods lost and forwarded the relevant documents to defendant No. 2. After several reminders of the plaintiffs defendant No. 2 replied on 2..

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)

....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250             ....... The present petitioner who was O.P. No.1 pleaded the case to be barred by limitation and alternatively stated that he had purchased.19 land from the original owner Kalipada by Ext. A(I) which was a document executed on 21.11.75 and registered on 17.12.77 and thus he became already a co-sharer in t..

Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2

Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)

.... that the entry by the respondents into the tea garden and taking over thereof without any previous no­tice was not in accordance with due process of law and contrary to all principles of law and justice. In this connection he has referred to Sections 111(g) and 114A of the Transfer of Property ......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7.   ..

Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2

Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)

....rgued that the entry by the respondents into the tea garden and taking over thereof without any previous notice was not in accordance with due process of law and contrary to all principles of law and justice. In this connection he has referred to sections 111(g) and114A of the Transfe......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)

....dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......terest as a co-sharer in the property of Gour Majhi. 2. On these pleadings the parties fought out the suit. The court of first instance on a consideration of the evidence on record both oral and documentary came to the view that the defendant No. 1 had the onus to prove that the plaintiff was n..

Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3

Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

.... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....for pre­emption are affirmed. 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) 89.   ......for pre­emption are affirmed. 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) 89.   ..

Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1

Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ..

Category: Property Law | Date: 10 Dec, 1981 | Hits: 19

Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)

....ard req­uisite of an Advocate practicing in this Court. The Bar Council, it is claimed, with a view to maintain proper professional standard in this Court and in the interest of administration of justice in the superior Court have thought it fit not to grant exemption as prayed for by the petiti......­sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ..

Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1

Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)

....time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42.       ...... it should conform to the judgment. (Or. 20, Rule 6) Every court has power to amend its decree so as to carry out its own meaning (Section 152). For the purpose of interpreting a decree no other document is so directly in point as the judgment or can in the nature of things have comparable forc..

Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0

Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)

....affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255     ......e deed No. 5058 registered on 30.6.70 at the Senbagh Sub-Registrar Office purported to have been executed by the plaintiff on 17.4.70 with respect to 1.25 acres of land was fraudulent and a collusive document. 2. Defendant No.1 contested the suit by filing a written statement controverting all ..

Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

....hat he was otherwise influenced by the prose­cution the Special Tribunal find that what P.W.10 has stated before it was an exposition of truth and his evidence cannot be brushed aside for ends of justice particularly when he has proved the charges of collabo­ration against the accused before......ared by P.W.13 on 27-7-72 which shows that cer­tain papers were seized from the office of the Election Officer, Kushtia Sadar, D.C. Court Building, Room No.71 of the 2nd floor Kushtia. The seized documents related to the participation of the accused in the purported bye-election to which we shal..

Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1

Archana Proshad Nandi Vs. Miss Chilia Ran­dolph and others, 1981, 10 CLC (AD)

....t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106.   ......aid date, the said Mr. Archana Prasad Nandy shall be at liberty to get the kabala executed and registered through court, I, Margaret Randolph for myself, for my daughter Chilia Ran­dolph sign this document." 4. The kabala was to be registered by 17th January, 1961 but as the defend..

Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234