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Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
....bhuti executed and registered a kabala (Ext. A) in favour of the defendant No.1 pursuant to their father's contract. 5. The trial court decreed the suit, it declared the plaintiffs right, title and interest to 2/3rd share of schedule Kha and Ga land and ordered that they were enti......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. ......roperties to defendant No.1 and subsequently, Biswanath and Bibhuti executed and registered a kabala (Ext. A) in favour of the defendant No.1 pursuant to their father's contract. 5. The trial court decreed the suit, it declared the plaintiffs right, title and interest to 2/3rd sha..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....atter. Mr. B.N. Chowdhury has submitted that the order of the learned Addl. District Judge was not in accordance with law in view of the fact that there was an order of injunction passed by the Court rightly or wrongly and until and unless the order is reversed the order remained in force and any vi...... Muyeed Chowdhury and others……………Respondents Judgment January 27, 1982. Result: The rule is made absolute. Transferee court may punish for violation of an order of injunction- Order 39, Rule 2(3) empowered the court to punish for ......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 of transfer and such transfer could be made by the High Court or the District Court at any stage either on an application Of any of the parties after hearing them or on its own motion for trial or disposal to any other court subordinate to it and competent to dispose of the same in ..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)
....imitation Act, 1908 which has got no application to the special statute. No scope for review of an order by which an award is made- Review is not a matter of procedure, it involves a substantive right. There is no scope for review of an order by which an award is made under subsection......e Emergency Requisition of Property Act cannot be extended under section 14 or under any other provision of the Limitation Act, 1908 which has got no application to the special statute. No scope for review of an order by which an award is made- Review is not a matter of procedure, it involves a......sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ......n for determination of the dispute, and he is not entitled to re-agitate the matter by way of review. 8. In view of the above, this appeal is dismissed with costs. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287..Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3
....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
......ot entitled to a relief ex-debito Justitiae and the Court has discretion to refuse remedy if the matter is not a simple one…..(12)
Rectification of share register
Petitioners prayed for rectification of the share register maintained by the respondent No. 1 by declaring the same as ......ve conditions respondent No. 4 requested respondent No. 1 by his letter dated 18-2-81 to transfer such Taka shares of the Company to him and his nominees in Satisfaction of his dues Considering the affairs of the company it was resoled on 9-3-81 that respondent No. 1 and Abdur Rashid, respondent No....... not be tried in a summary procedure in an application for rectification of the Share Register under Section 155 of the Companies Act, 1956, because they are more appropriate subjects for a trial in a suit on evidence after a full discovery of document and inspection."
6. In Bhag..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....her to a far away District Head Quarter, namely, Bogra and showing solemnisation of a marriage between appellant Quddus and P.W.2 Ferdousi there under threat and coercion. The learned trial Court has rightly observed that if it was a case of usual marriage by mutual consent, nothing would have preve......Haque, Additional Sessions Judge, Rangpur in Sessions Trial Case No.411 of 1979 on 16-1-81 under section 376 of the Penal Code and each of them has been sentenced to suffer rigorous imprisonment for five years. They have also been convicted under section 366 of the Penal Code but no separate se......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ....... After completing investigation he submitted charge-sheet on 3-7-79 against the two accused appellants as well as against accused Abdus Sattar, Samiruddin and Serajul Islam. At the time of trial accused Samiruddin was discharged. Accused appellants Abdul Quddus @ Nausha and Abut Hoss..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....others, 13 DLR (SC) 111; Ram Ran Vijay Prasad Singh Vs. Province of Bhar, AIR 1942 Patna 435; Thayammal Vs. Perumal Chetti and another, AIR 1926 Madras 284; Viscount Maugham, Lord Macmillan and Lord Wright Chambers Vs. Chambers and others, AIR 1944 Privy Council 78; Venkatachallapathilyer Vs. China ......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...... 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. ......ds in part, namely, in respect of the homestead and the tank appertaining to Schedule (B) of the plaint as claimed by defendants Nos. 16 and 18. Barring the extent indicated above, the decree of the, trial Court needs no interference. 29. In the result the appeal succeeds in part. The judg..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....was not entitled to claim rateable preemption. 6. On this point the learned Munsif observed "according to the various provisions regarding contained in S. 96 of the S.A.T. Act the right of preemption accrued on a particular date and not from the moment of transfer. Though Ext. A ......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. ......adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ...... preemption and consequently failed to exercise a jurisdiction vested by law. 13. In the circumstances the orders of both the Courts below shall have to be set aside and the case remanded to the trial Court for apportionment of preemption in favour of the present petitioner and the present O.P...Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....ds expeditiously. The connected Rule for stay of further proceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37. ......, Judge on an application of the defendant under section 144 of the code of Civil Procedure. 2. For the purpose of disposal of the appeal suffice it to say that the plaintiff filed the suit for declaration of title and recovery of khas possession. The suit was decreed ex parte on 15-8-77. ......ds expeditiously. The connected Rule for stay of further proceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37. ...... stage to enclude and say anything as to the identity or otherwise of the suit land. We have taken sufficient precaution in our decision so that the parties to the suit are not prejudiced in the trial. In our considered opinion, the learned subordinate judge embarked upon an investigation beyon..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ...... report 47 days after the completion of the enquiry. The Inquiry Officer recommended the dismissal of the petitioner; the respondent No. 1 on consideration of the report by his order dated 14.12.79 informed the petitioner directing him to show cause why he should not be dismissed from service. Accor......s of fact and law are involved in both the rules. 2. Facts in short in writ petition No. 447 of 1980 is that the petitioner was suspended from service on 14.8.1978 upon allegations of adopting unfair means in connection with construction of retaining wall on the West Bank of Bhola Khal in collu......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....ficers— Government sold a property to the petitioner and thereafter dispossessed the petitioner from that peoperty--To enjoy protection of law and to be treated with law is the inalienable right guaranteed to every citizen under the Constitution of Bangladesh (1972), Art. 31 As a cit...... Constitution of Bangladesh (1972), Art. 31 As a citizen of the country the petitioner was entitled to due protection of law. When he could legitimately expect due protection from the Government for maintaining his rightful possession, he was instead illegally dispossessed by the Government off......he least, an act of extreme high handedness on the part of responsible officials bordering on vandalism. The affidavit filed by the respondent-Government reveals a very unfortunate and sad state of affairs. The whole Government machinery appeared to be completely helpless in the face of four student......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....t written statement. Defendant No.1 in his written statement denied all the material allegations made in the plaint contending, inter alia, that the plaintiff is a stranger to the property, having no right, title, interest and possession of the land in suit. It was further alleged that the suit land......ndra Mondal and others is against the judgment and decree of the learned Special and Additional District Judge, Dacca, reversing those passed by the learned Munsif Second Court, Narayangonj in a suit for partition. The plaintiff's case may briefly be stated as follows: That the suit propert......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 ......d at causing any error of law or procedure affecting the merits of the case. It could not be said to be a finding arrived at without consideration of the material facts and circumstances on which the trial Court based its decision. The finding as no the ancestry of a party is a finding of fact and n..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....l proposition of fact or law is affirmed by the one party and denied by the other. (2) Material propositions are those propositions of law or for which a plaintiff must allege in order to show a right to sue or, a defendant must allege in order to constitute his defence......" Now tur...... Aminul Hoque— For Opposite Party. Civil Revision No. 54 of 1978. Judgment Sultan Hossain Khan J. — This Rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-empti......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. ......rd to the question whether an application for pre-emption under section 96 of the State Acquisition and Tenancy Act 1950 (hereinafter referred to as the Act) would fail in absence of a finding by the trial Court as to the eligibility of a pre-emptor U/S 90 of the Act to pre-empt a transfer have been..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....proposition of fact or law is affirmed by the one party and denied by the other. (2) Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence.” Now turning to the......asirul Hoque, Md. Aminul Hoque - For the Opposite Party. Civil Revision No.54 of 1978. Judgment Sultan Hossain Khan J.- This rule has been referred to this Bench by the learned Chief Justice for a decision since contrary views with regard to the question whether an application for pre-e......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. ...... to the question whether an application for pre-emption under section 96 of the State Acquisition and Tenancy Act 1950 (hereinafter referred to as the Act) would fail in absence of a finding by the trial Court as to the eligibility of a pre-emptor u/s 90 of the Act to pre-empt a transfer have been..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
....67 of the Transfer of Property Act confers upon the mortgagee, any time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, a right to obtain from the Court a decree that the mortgagor shall be absolutely debarred of his right......age Does Automatically Mature Into a Sale— Section 67 of the Transfer of Property Act confers upon the mortgagee, any time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, a right to obtain from the Court a...... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ......ainable in its present form and it was barred by limitation and under the provisions of Non-Agricultural Tenancy Act and also under section 106 of the, Transfer of Property Act. 4. The trial Court decreed the suit. On appeal by defendant No. 1 the Court of appeal below affirmed the de..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....below however reversed the finding of the learned trial court on a finding that the said agreement to reconvey, entered into between the father of the plaintiff and defendant No. 1 created a personal right arising out of a personal contract and such a right being not heritable transferable or assign......que Chowdhury J. — This appeal at the instance of the Plaintiff is against the decision of the learned Subordinate Judge reversing those of the learned Munsif, 3rd Court, Dacca passed in a suit for reconveyance of land in suit. 2. The plaintiff's case in short is that the land id suit...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ......on contest with costs. 4. At the appellate stage Performa defendant Nos. 2-8 appeared claiming their share to be reconveyed. The court of appeal below however reversed the finding of the learned trial court on a finding that the said agreement to reconvey, entered into between the father of the..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
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. ...... The appeal is allowed. Specific Relief Act (1 of 1877) Section 22 & 26 Sale of Goods Act (III of 1930), Section 58 Code of Civil Procedure (V of 1908). O.XLVII r.6 Suit for specific performance - Court is to be guided by the principles laid down in chapter II of S.R. A...... Appeal." Then the Section is amended with two clauses-clause (i) and clause (ii) where the court may exercise its discretion not to pass decree for specific performance. The circumstances are unfair advantage of the plaintiff over the defendant or would involve some hardship on the defendant b......between the parties can be varied to the disadvantage of the plaintiff while decreeing the suit for specific performance of contract; (2) when there is no appeal against the judgment and Order of the trial court could a party seek a review for clarification of an incidental and consequential Order; ..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....eased Matiar Rahman. Accused Azizul Huq also dealt a lathi blow on deceased Matiar Rahman. Accused Bishu dealt a lathi blow on P.W. 1 Rouf's back. Accused Milan Bepari gave a blow by lathi on the right hand of P.W. 7 Jalil. Accused appellant Nairuddin gave a blow by Kora on the left chest of dec......convicted under Section 304 Part II of the Penal Code by Mr. A.H. Chowdhury, Sessions Judge, Dinajpur in Sessions Case No. 30 of 1970 on 9-8-70 and sentenced to suffer rigorous imprisonment for five years. 2. The case for the prosecution in brief is as follows: P.W.1 Abdur Rouf who li......ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......an. P.W.11 Dr. M.A. Sattar, Assistant Surgeon, Dinajpur Sadar Hospital held post mortem examination on the dead body of Matiar Rahman on 1-9-69. Sub-Inspector Abdus Salam (who was dead at the time of trial) investigated into the case and submitted chargesheet against accused appellant Nabiruddin ali..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....same and only after that burden was discharged prima facie the burden would shift on the other party to prove that it was not so. A plaintiff without proving his case prima facie would not as of right, get a decree in his favor merely because the contesting defendants were absent on the date of......dhury J. — This appeal at the instance of the plaintiff is against the decision of the learned Sub-ordinate Judge, Noakhall affirming those of the Munsif, Third Court, Noakhall passed in a suit for more declaration that a sale deed No. 5058 registered on 30.6.70 at the Senbagh Sub-Registrar Of......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 ...... suit by filing a written statement controverting all the material allegations made in the plaint asserting, inter alia, that the sale deed in his favor was duty executed on proper consideration. The trial court dismissed the plaintiff's suit. On appeal, the lower appellate court concurring with..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....n gave a seal, containing the words Chairman, Peace Committee, Dist. Kushtia. 34. This piece of evidence was a further confirmation of the Special Tribunal's finding that the accused had the right to scrutinise the services of the members of Razakar organisation in the District and to ......cial Tribunal Case No.27 of 1972. 2. Accused appellant Saad Ahmed was convicted by the said Special Tribunal under section 121 of the Penal Code read with Article 11(a) of P.O. No.8 of 1972 for waging war against the People's Republic of Bangladesh during the war of liberation and....../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ......hat everything was done under the order of the accused. The accused appellant who was conducting his own case also before the Special Tribunal objected to the examination of P.W.9 at the time of trial on the ground that P.W.9 was neither named in the first information report nor was he cited in..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
.... part with them A cannot obtain a decree against B for the specific performance of a contract. But if B is willing to pay the price agreed upon and take the 50 bighas which belongs to A waiving all rights to compensation than B is entitled to a decree. Illustration B throws more light wherein a ......ed 7th August, 1979 passed by the High Court Division in Second Appeal No. 791 of 1965.) Judgment Badrul Haider Chowdhury J.- This is an appeal by special leave. It arises out of a suit for specific performance of a contract dated 10.12.1959 wherein the defendants entered into ......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. ......er, executed a kabala in favour of the plaintiff on 27.1.1961 for his 1/3 rd share and the same was registered. The defendants 4 and 5 were subsequent purchasers with notice of the contract. The trial Court framed issues namely, whether the agreement is genuine and whether the plaintiff is e..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
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