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Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......ed, he ought to have realised that the earlier order of dismissal for default was wholly without jurisdiction. He should have retraced his steps under 151 C.P.C. I find support for my views-in a decision of the Privy Council. In the case of Raja Debt Baksh Singh Vs. Habib Shah XVIII (19,13) C.L..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....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 ...... learned Munsif was wrong in presuming that the plaintiffs are not in possession as they are not paying rent for a long time. Non-consideration of this minor aspect of the case does not make the decision of the appellate Court illegal occasioning a failure of justice. I do not find any substanc..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ......e suit is liable to be dismissed with cost. 4. The predecessor of the present learned Munif decreed the suit against the defendant No.6 and ex parte against the rest. Being aggrieved by the decision, the defendant preferred Title Appeal N. 167 of 1975 and the appellate court sent back..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130 ...... to appoint a mutwalli in certain cases under section 43 of the Waqfs ordinance. Any person aggrieved by such an appointment may appeal to the District Judge within a certain period and the decision of the District Judge shall be final. It has been held however that inspite of the use of t..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
.... property of the religious endowment by its manager i.e. by Mutawalli or Shebait or Mohant, etc. Insertion of Articles 134 A, 134 B and 134 C in the Limitation Act by Amending Act 1 of 1929 is only a legislative recognition of a sound judicial decision based on the well-known legal maxim that prescr......s the land adversely within the full knowledge of the previous Mutawallis from 3.5.1937 and as the present suit was filed after 12 years from 3.5.1937, it was barred by limitation. In arriving at the decision regarding the question of time from when the adverse possession of defendant No.1 bega..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)
....dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ......plicable to new cases which were not pending immediately before the commencement of the aforesaid Ordinance No. XXIV of 1982. The learned Assistant Attorney General has lastly submitted that the decision by this Court hi Criminal Revision No.174 o 1983 is not applicable to the instant cases in ..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....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. ......close herewith a further list of genuine freedom fighters with the P.S./GR. Case/Sr. number instituted against them prior to 7-11-75 received from the Bangladesh Muktijoddha Sangsad. According to the decision taken in the above quoted memo: the Government, have been pleased to withdraw the Case/s ag..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
.... 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 ......l Chemical Industries (Pakistan) Ltd. in respect of business undertakings, assets, liabilities etc. in Bangladesh on the basis of President's, Order No. 16 of 1972. This view finds support in the decision in the case of Buxly Paints (Bangladesh) Ltd. versus-Bangladesh, (1979) 31 DLR (AD) 266=197..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
.... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83. ......assed by Munsif, Sadar, Rajshahi in O.C. Suit No.180/1983. Judgment Syed Muhammad Husain J.- This rule was obtained at the instance of the Vice-Chancellor of Rajshahi University against the decision of the District Judge of Rajshahi affirming a decision of a Munsif of Rajshahi granting a t..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....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 ......ents. Until the said burden is discharged the said respondents cannot be heard to say that the minute of the proceedings of the Board of Directors were wrong Prima facie they were parties to the decision to sell the shares of Taiwa to Sigma International Inc. and they cannot be given credence a..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....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 ...... though the defendants had alleged that this was a forged document. The learned Advocate contends that the judgments of the Courts below suffer from illegality which has resulted in an error in their decision on merits occasioning a failure of justice and cannot be sustained. 6. Mr. S.C. Das, t..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....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. ......mption application is allowed, the added land would exceed the permissible limit of land allowable under the law by the three pre-emptors to be held. In this connection a reference may be made to the decision is the case of Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 35 DL..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....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 ...... the 1st Court of learned Subordinate Judge, Dhaka for establishment of title and khas possession of suit plot No. 23 and other plots. He granted permanent injunction to the plaintiff title the final decision of the said Title Suit No. 27 of 1960. 7. In a lengthy appellate judgment the Court of..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
.... proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 100. ...... on 13-5-82. Similar question as to the applicability of section 35 of the Ordinance XXIV of 1982 and promulgation of section 339C of the Code of Criminal Procedure came up before this Court for decision in the case of Md. Badir Mollah and others Vs. The State and others i.e. in Criminal Revisi..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....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 ...... was a temporary staff paid from the work-charge establishment his services cannot be dispensed with following the principles of master and servant. The learned Subordinate Judge relied upon the decision in the case of Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury 29 DLR..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ......ourt under section 561A. In support of his contention that this Court has power under section 561A Cr.P.C. to interfere in an appropriate case under the Special Powers Act, 1974, relied upon the decision in the case of Bangladesh Vs. Shajahan Seraj reported in 32 DLR (A.D.) 1. He further argues..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......to the merit of the respective claims of the parties with regard to possession of the proceeding land. The learned Advocate has also submitted that the learned Sessions Judge wrongly applied the decision reported in 23 DLR (S.C.) 14 inasmuch as the facts of the instant case are clearly dis..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....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. ......ted by the Court itself but also the omission of the counsel to bring to the notice of the Court relevant facts and law which, if brought to the notice of the Court, would have materially changed the decision of the Court. He has cited the case of Rekanti Chinna Chattiyar and others Vs. Varadappa Ch..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ......rties concerned and may be relaxed from time to time for ends of justice in the interest of the parties concerned without causing prejudice to any one. This view was taken by Mr. Justice Ibrahim in a decision reported in 5 DLR at page 544. In the present case when evidently there is no occasion to i..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....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 ......r a secondary meaning to have been acquired. The defendant in order to distinguish its product from that of the plaintiff has named its product as "King Cookie". Adopting the reasons of the decision reported in 1981 R.P.C. 69, therefore, it appears that although the plaintiff has introduce..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12