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Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....nate Judge, Rangpur in Other Appeal No.84 of 1980 affirming the judgment and decree passed by the Munsif, Nilphamari in Other Suit No.228 of 1977 which was decreed in favour of the plaintiff opposite party. The plaintiff brought the suit for a declaration that defendant No.1 was not the adopted......ff's father which were admittedly in the possession of defendant No.1 and in such position the plaintiff was required to seek consequential relief and she avoided that only to evade the payment of ad-veloram Court fees. His further contention was that under section 42 plaintiff was bou......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
.... receipts. Both sides also produced oral evidence regarding their respective claim of possession. 5. The learned Munsif in consideration of all the oral and documentary evidence of both the parties found that the plaintiffs have title and possession in the suit land and that the defendants......ement from the said landlords by amalnamas and from them the plaintiffs purchased the said lands by 9 kabalas. Since their purchases the plaintiffs have been in possession of the said land on regular payment of rents by setting up a milk producing Cooperative Society and by growing Khasari, Kal......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....t, his wife and brother-in law were gossiping in their official residence when 3/4 persons focused torch light through the window and showed a bayonet and said to Dr. Rezaul Ambia that they were 'party men' and would search his residence and asked him to open the door for that purpose. Dr. R......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....diction) Present: F. H M. Habibur Rahman J S Mohammad Ali J Abdul Hashem.............................Petitioner Vs. Saleh Ahmed & others. ...................Opposite parties Judgment July 10, 1984. Result: The rule is made absolute. Case Ref......suit land. He has been paying rent to the authorities concerned and he is also in possession of the suit property. The plaintiff in their plaint has not given any date of the agreement or the date of payment of the earnest money but simply have stated the date of bainanama alleged to be dated 24.4.1...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....Maritime & Trading Corporation...…………Appellant Vs. Sea Trade & Construction Limited....………………Opposite party Judgment June 12, 1984. Result: The appeal is dismissed. Whether appe......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. ......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. ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ce deceased and substituted by his heirs transferred the suit land to Abdul Quddus appellant by a registered kabala dated 20.10.1950. By a contemporaneous oral agreement entered into between the same parties the appellant Abdul Quddus agreed to re-convey the land on repayment of the consideration wi...... Abdul Quddus appellant by a registered kabala dated 20.10.1950. By a contemporaneous oral agreement entered into between the same parties the appellant Abdul Quddus agreed to re-convey the land on repayment of the consideration within the month of Chaitra in any year. The appellant Abdul Quddus ret......ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....nal capital of May Industries Ltd., hereinafter referred to as the company, is Tk. 5 lakhs divided into 500 ordinary shares of Tk. 1000/-each. It is engaged in the manufacture of machines and machine parts. In 1976 the petitioner Motiur Rahman acquired by purchase from one Mujibur Rahman 20 sha......oice in the company is of itself not reason for winding up. Besides when the petitioner purchased the shares of his brother Mujibur Rahman he knew about Article 36 of the Articles of Association (Non-payment of dividend regularly is also no ground for winding up of a company,) as has been held ...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....ional Jurisdiction) Present: Anwarul Hoque Chowdhury J Sarder Ahmed Ali................................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: The Rule is discharged. Cases Referr...... Lords under the Workmen's Compensation Act, Lord Thankerton reiterates the four indicia of a contract of service. These are: (a) the master's power of selection of his servant ; (b) the payment of wages or other remuneration; (c) the master's right to control the method of doing th...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
....the Opposite Parties. No.1 M. A. Wahab—For the State. Criminal Revision No. 7 of 1948. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the opposite parties to show cause as to why the order dated 27.12.83 and 25.1.83 passed in G.R. Case No.1046 of ......rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ......rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....not be interfered by this Court in appeal because the Court in arriving at the finding that there was nothing to prove any fraud on record or mistaken description of the property inadvertently by the parties concerned it cannot be said to be finding calling under proviso (1) to Section 92 ......d to have been affected by filing a suit for rectification within the prescribed period to limitation as provided under section 31 of the Specific Relief Act before the appropriate forum on payment of the proper Court fees. The said suit under the said Specific Relief Act filed for rectifi...... 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 ..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)
....n both the cases) Vs. Bangladesh Shilpa Rin Sangstha & others. .........Respondents (In both the cases) Judgment April 2, 1984. Result: The appeal is allowed in part. The Evidence Act, 1872 (I of 1872) “Without prejudice”- letter written with th......D 382 Credit" for expansion and modernization of the aforesaid project. These loans were given in Dollar currency and repayable in local currency at the rate of exchange prevailing on the date of repayment. The first loan carried interest at the rate of 8% per annum and liquidated interest at the ......stan Industrial Credit and Investment Corporation hereinafter referred to as "THE PICIC". Facts as stated in (the application show that appellant which is a private limited company obtained in 1962 a loan of US dollar. 1,51,000.00 under "AID (DLF) 100 credit" for setting up a new Dry-cell battery ma..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
.... specific performance of the contract with a direction to execute and register a sale deed in respect of the suit land on receipt of Taka 47,000/-from the plaintiff and in the event of failure on the part of the defendants to do so within fixed date, order may be passed for execution and registratio......age of the two page agreement Ext. 2 is 25th July, 1977). The plaintiff who is the Deputy Chief Mechanical Engineer, Bangladesh Railway Chittagong took House Building loan from the Railway Deptt. for payment of the balance. He also secured the No. Objection Certificate from the Chittagong Developmen......tten at the bottom of the first page of the two page agreement Ext. 2 is 25th July, 1977). The plaintiff who is the Deputy Chief Mechanical Engineer, Bangladesh Railway Chittagong took House Building loan from the Railway Deptt. for payment of the balance. He also secured the No. Objection Certifica..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....ll of Lading on the refusal of the Steamer Company to accept Bank Guarantee and abnormal situation in the paralised port beyond the control of the defendants. They also denied any negligence on their part. 11. The defendant No. 2 in their written statements denied any manner of liability in res......f. 6. It was stated in the plaint that the defendant No. 3 was responsible for the clearance of the car in suit in due time of their own risk and responsibility. The plaintiff made all necessary payment to defendant No. 3 as required by them by 21-12-70. It transpires that the defendant No. 3 a......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 ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....ar Vs. Nasir Ahmed, 34 DLR (AD) 237, Lawyers Involved: A.K.M. Shafiqur Rahman with Mostafa Niaz Mohammad, Mokbul Ahmed—For the Petitioner. Formanullah Khan—For the Opposite parties. Civil Revision No.18 (Ctg) of 1983. Judgment Md. Altaf Hossain J. - This rev......o the Sub divisional Magistrate or to any officer authorised in this behalf by the Government, for such redemption or restoration and, on such application and, in the case of redemption, also on payment by the applicant of the amount due to the mortagee under the said proviso, the Sub divisiona...... 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. ..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
....Talukder.................................Appellant Vs. Asstt. Custodian of Enemy Property.............Respondent Judgment March 4, 1984. Result: The appeal is allowed in part. The Rules are discharged. Cases Referred to- National Bank of Pakistan Vs. Kush...... 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 ...... 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 ..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
.... Md. Habibur Rahman J S. Mohammad Ali J S Joga Maya Debi & others.............................Petitioners Vs. S.D D. Singh Hazari & others........................Opposite parties Judgment March 4, 1984. Result: The Rule is made absolute. Cases Re......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....m Appellate Decree No. 234 of 1984 Judgment M. H. Rahman J.- This appeal, by defendant No. 1, has arisen out of a judgment and final decree passed in a suit for declaration of title and for partition. 2. In the preliminary decree the trial Court decreed that the plaintiff would get 19......the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253 ......the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253 ..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....Revisional Jurisdiction) Present: Daliluddin Ahmed J Eshaque Ali...................................Petitioner Vs. Aitunessa & others.............................Opposite parties Judgment Feb 6, 1984. Result: The Rule is discharged. Specific Reli......the learned Advocate for the petitioner was that in view of the fact that the trial court "presumed that the plaintiffs did not possess the land since auction purchase" on the ground of non-payment of rent by them, the appellate Court erred in law in allowing the appeal without altering th......ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....their office on 2-7-1941 by submitting letters of resignation Exts.7 and 7 (a). In terms of the deed of Wakf the plaintiffs being the remaining male descendants were to be the Mutawallis. In the last part of 1944 when plaintiffs 2-5 were minors, plaintiff No.1 Syed Ahmed Chowdhury was appointed as M......r property for their pecuniary benefit. The said property was also recorded in the name of the said transferors. That the suit property is wakf property found by the Court in the present suit after repayment of the wakf deed in local investigation. There is nothing on record that before, the impugne......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. ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....ion) Present: Md. Habibur Rahman J Syed Mohammed Ali J Nazir Ahmed & others.....................Petitioner Vs. The State.....................................Opposite parties Judgment January 3, 1984. Result: The Rule is discharged. Withdrawa......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. ......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. ..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
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