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I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....ed 13.5.74 the Manager of the Imperial Chemical Industries (Bangladesh) Limited replied to the plaintiff's letter dated 10.2.74 and informed the plaintiff that as the latter had not performed his part of the obligation and promise in terms of the agreement of sale dated 17.8.70 between Imperial ...... 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 ...... 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 ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
.... read with section 151 C.P.C for temporary injunction restraining the respondent No. 11. Sigma International Inc and their two Directors, respondent No. 8 J Ichii and respondent No. 9 T. Tsuruta from participating and voting in the annual general meeting of the respondent No.1 company which was due ......00.00 were sold for half the price and this itself shows that the transaction was a fraudulent one 35. The shares transferred by Taiwa were fully paid-up shares and not partly paid-up shares. No payment was due to the company in respect of the said shares. It has been stated by Mr. A R. Yu......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 ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....lands by purchases during the pendency of the suit. 4. The learned Munsif on a consideration of the evidence; oral and documentary, adduced before him and on hearing the learned Advocates of the parties decreed the suit declaring that the plaintiff Abul Meah purchased the lands of kabala dated ......hat Abul Meah possessed the suit lands P.W.5 Abul Meah himself has said that Mouna Khatun never possessed the suit lands through her cultivators and that he had been in possession of the suit land on payment of rent to the landlord P.W. 3 Jatindra Mohan Ghose who is the landlord corroborates PW 5 by......erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....ies Judgment November 20, 1983. Result: The appeal is dismissed. Evidence Act, 1872 (1 of 1872); Section 21 & 145. Acceptability of previous statement— A party's previous statement regarding a fact in issue is relevant and can be used against him if ......tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....proving in a subsequent judicial proceeding the truth of facts which it states, when the witness is dead or cannot be found or is incapable of giving evidence or is kept put of the way by the adverse party or if his presence cannot be obtained without an amount of delay or expense which, under the c......me of the defendant No. 1 M/S National Saw Mill. Defendant No. 3 was disclosed as the partner of the defendant No.2 in the business. Defendant No. 2 paid rent upto August, 1959 and thereafter stopped payment. The plaintiff came to know that the defendant No. 2 had sub-let the suit land to the defend......ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....order of dismissal from service by memo dated 4.8.75 is illegal, unwarranted and void. 3. The learned Munsif did not decree the suit for the first two declarations, prayed for, but decreed it in part declaring that the order of dismissal from service dated 4.8.75 is illegal, void, without juris......iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ......iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
....the court had jurisdiction to entertain the petition for Succession Certificate under the provisions of the Succession Act. 2. Facts leading to this rule in short are that the opposite party Sayeda Sultana Khan, second wife of late Serajul Islam Khan @ Nasu Khan filed a certificate ca...... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ...... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....ppellants also were resident of the said village Kanchana. The occurrence took place on 16.11.77 at about 7-30 A.M. For about 5/6 years before the occurrence enmity was going on between the informant party and the accused persons. On 31.11.77 some of the accused persons assaulted deceased Kabir Ahme......eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ......eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
.... Admiralty Suit is admitted upon an initial hearing of the learned Advocate for the plaintiff the suit is not registered in the Original Side and there is no suit which necessitates any action on the part of the Court. One view that may be taken on the Admiralty Suit No. 12 of 1983 is that since the......er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ......er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....d to such biscuits. The plaintiff also adopted the word "Mr. COOKIE" the word "HAQUE" Inside a panel and the monogram of the letters HB with the device of CRESCENT and STAR with a particular colour of design and get-up printed on a carton as their Trade Mark. The plaintiff also r......ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107 ......ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107 ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
.... A. Matin Khan Chowdhury J Anwarul Hoque Chowdhury J Debabarta Chatterjee...........................Petitioner Vs. Md. Munsur Ali & others........................Opposite parties Judgment October 3, 1983. Result: The Rule is made absolute. Limita......k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ......k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
.... to such biscuits. The plaintiff also adopted the word "Mr. COOKIE", the word "HAQUE" inside a panel and the monogram of the letters HB with the device of CRESCENT and STAR with a particular colour of design and get-up printed on a carton as their Trade Mark. The plaintiff also r......t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ......t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....iction) Present: Md. Abdur Rouf J Haladhar Dutta...........................................Petitioner Vs. Abdul Rob Chowdhury & others...........................Opposite party Judgment September 29, 1983. Result: Rules are made absolute. Demarca......ncy Act. After coming into force of Part-V and giving the raiyats of different natures to a single status of malik, toe right to hold or occupy such land for agricultural or horticultural purposes on payment of revenue direct to the Government. The word 'tenant' as has been defined under sec......ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193 ..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
.... programme or any development or public works or being otherwise harmful to the public interest is sine qua non to the exercise of power of granting temporary or ad-interim injunction-Omission on the part of the District judge to record such satisfaction as well as omission to record that recording ......l Government markets situated in the New Market. The defendant No.1 asked them to furnish copies of allotment letters, agreements, if any, papers showing transfer of possession, receipts showing last payment of rent and 3 attested copies of passport size photographs of the allottees and also to pay ......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
....d. Abdul Latif.............................Appellate Vs. Md. Harunur Rashid......................Respondent Judgment September 6, 1983. Result: The appeal is allowed in part. Lawyers Involved: Abdur Rashid Khan with Md. Shahidul Huq —For the Appellant ...... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ...... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....he plaintiff and also got his name recorded as such in the Revisional Record of Rights. So the plaintiff has no cause of action and the suit is liable to be dismissed on these pleadings the parties brought out the suit. 4. The Court of first instance upon a consideration of the pleadi......n. 3. The defendant contested the suit by filing a written statement contending inter alia that the plaintiff never mortgaged the suit land but it was leased out to the defendant by plaintiff on payment of selami of Tk. 200/00 by means of a patta in the year 1953 and since then the defendants a...... Suit No.112 of 1967. 2. Facts leading to this appeal in short are that the land described in the schedule to the plaint belonged to the plaintiffs Fazle Karim Biswas and Nasim Biswas. They took loan of Tk. 200/00 from the defendant Jaha Baksha, a village money lender and as security of the loa..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
.... 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 and permanently unfit for use for ......nd in spite of the landlord's protest. It was held that: "(1) That s. 108 (e) did not in terms apply as B neither elected to walk out even after total destruction nor was willing to suspend payment of rent and give up possession ; (2) That the doctrine of frustration applied to lease....... 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)
....ent: Mohammad Habibur Rahman J Mustafa Kamal J Maqsood Alam…………………………………………Petitioner Vs. K.M.J. Akbar, Commodore & others……………..Opposite-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- ...... the said deed of lease is an act of forgery and it conferred on Maqsood Alam no title in law. The state sustained a wrongful loss of about Tk. 50.00.000/- thereby in addition to the loss by way of payment of rent to the accused petitioner. On or about 1.1.75 the accused petitioner trespassed into......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....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 aforesaid suit on 18-12-73 against the deceased father of the petitioner, ...... schedule 1 premises and schedule 2 articles from 5th Feb. 1972 by executing an agreement dated 3-2-72 the condition being that he would pay daily rent of Tk. 2.50 every evening and on his default in payment of the daily rent for 3 consecutive days the plaintiff would be at liberty to take back poss...... 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)
.... Tara Prasad Sarkar and his three brothers who erected a Moth in commemoration of their father's death on the burning place of the dead body of their father Durga Prasad Sarkar. After an amicable partition, the suit property fell in the exclusive share of Amrita Prasad Sarkar, Jogendra Prasad Sa...... 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 ...... 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
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