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Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ...... concerned can be looked into. In the present case document in question has been marked as Ext. A from the recital of his document, it appears that Jatri sold the land to Shubhadra for the purpose of payment of loan and for the purpose of Sharadha of her husband after going to Gaiya and for the purp......can be looked into. In the present case document in question has been marked as Ext. A from the recital of his document, it appears that Jatri sold the land to Shubhadra for the purpose of payment of loan and for the purpose of Sharadha of her husband after going to Gaiya and for the purpose of her ..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....also identified Abdul Sk., the executant, i.e. the plaintiff herein and it is also interesting to note that only one of Fatik's sons and Fatik's brother Kohiluddin Sk. are the only contesting parties. It is true that a document is not binding on a person who is not a party to it but such a d......res from the Ghosh landlords by executing a regd. kabuliyat dated 25th Baishak, 1342 B.S. corresponding to 8.5.35 at a rental of Rs. 6-5 anas. Since then he has been in possession of the land on payment of rent for which he got dakhilas from the Government. The defendants constructed 3 huts of ......osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....ction 146 of the Code of Criminal Procedure a Magistrate does not pass a final order as to possession because under section 146 of the Criminal Procedure Code if the Magistrate found that none of the parties was in possession or he was unable to satisfy himself as to which of the parties were in pos......s issued in terms of the prayer which shows that the order complained of was the order dated 21-10-81 passed by the learned Magistrate under section 145(6) of the Code of Criminal Procedure directing payment of the sale proceeds by the Receiver to the first party. The said Criminal Revision, it appe...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)
....der the new dispensation of the present Government the Magistracy has been vested with wider responsibility and accountability in the administration of criminal justice, such reckless act on the part of a 1st Class Magistrate cannot be treated lightly……………&hel......der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95. ......der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95. ..Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....d with the plaintiff and disowned the agreement. As to plot No. 25, his claim is that as it was lying vacant, he took over its possession. He denied the plaintiff's title to the suit premises and particularly denied that he was inducted by plaintiff as a monthly tenant. 3. The trial Court o......w of law rejected the plaintiff's sale-deed, Ext. 2, based on the Power of Attorney, Ext. 1. The learned Counsel has further contended that a great number of Rent-receipts, Ext. 3 series, showing payment of rent by Kalicharan and thereafter, by his son, Pati Ram, both before and after the State ......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....force and application to all the nationalised banks and their offices, including the Sonali Bank……….(6) Whether there arises violation of the Shops and Establishments Rules, particularly Rules 10,12,13,14, and 15 of 1970 which moved up cause of action against the accused-re......-respondent Abdul Awal. 5. The Shops and Establishments Act, 1965 repealed and with certain amendments re-enacted, the East Bengal Shops and Establishments Act, 1951 for regulating the holidays, payment of wages, leave, hours of work and certain other allied matters concerning the workers emplo......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
....he respondent firm was given the contract in the face of International competition. There has been no allegation from any quarter as to performance of the contractual work. The only thing is that the partners have fallen out and series of litigations have been started. Ultimately the matter came bef......r of the Court thereby committed a contempt of court. The petitioner himself asked for clarification of the Court's order by filing a petition and prayed:
(i) who is to certify bills for the payment of which withdrawal of money is sought,
(ii) What will be the manner of certification o...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
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Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....ioner. We shall advert to the submissions made by him in course of the discussion which follows. The learned Assistant Attorney General and the learned Advocate for the complainant opposite party have, however, supported the orders complained against in their own way. 7. The section w......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....n of the petitioner's husking mill which was followed by the seizure of flour wheat and bran from the mill premise. 6. So far as the F.I.R. of the Police is concerned, in the concluding part thereof the Police Officer stated that the petitioner be prosecuted under section 272......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
....Act is a transfer of an interest in immovable property. Ownership of physical property consists of a number of rights and the owner of such property when he creates a lease, transfers to the lessee a part of the rights of ownership, i.e., the rights of enjoyment of the property, for a period, f......ated or a mere license has been granted, the respondents' exclusive possession strongly pointed in favour of tenancy. A fact of exclusive possession was established, according to him, by the payment of rent by the respondents' predecessor to the appellant and also by the absence of exer......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
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Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
.... 3. Biswanath in collusion with defendant No.1 sold his and that of the share of minor Bibhuti to defendant No.1 on 24.12.62. The plaintiffs came to know on 15-7-70 about that transfer and demanded partition from the defendant. 4. Defendant No.1 contested the suit. His case is that Beni ...... the plaintiffs right, title and interest to 2/3rd share of schedule Kha and Ga land and ordered that they were entitled under section 4 of the Partition Act to repurchase the remaining share on payment of Tk. 1,000/- by 13-8-73 in default their claim under section 4 of the Partition Act would ......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. ..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
....agreement. Let me refer to some of the decisions cited on behalf of the appellant.
9. In Mahomed Musa and others Vs. Aghore Kumar Ganguli and other AIR 1914 Privy Council page 27 it is held that part performance of a compromise will remedy all formal defects.
10. In N. Qamar Jahan Begum Vs......e a lessee is already put in possession of certain premises in part performance of an unregistered lease, the lessor can enforce the term of the lease entitling him to re-enter if there is default in payment of rent.
12. The respondents have contended that the agreement of lease was neither reg......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.
..
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)
....ACIFIC ABETO' was unfit for navigation and it was a dead ship which was bought for scrap. Also, the ship was tugged from Singapore to Chittagong by the 'Challenger', which was not, made a party in the suit. A notice under section 82 of the Customs Act, 1969 was received by the plaintiff-...... the defendants from dealing with (it) in any manner including the sale of the vessel, the defendants appeared and after furnishing Bank guarantee for satisfying any claim under final decree for payment has now filed this petition for rejection of the plaint with malafide motive and to make thi......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
.... him. As the husband of petitioner No. 2 was not in a position to pay the outstanding dues to respondent No. 4 a deed of agreement was executed on April 21. 1980 between M/s Noor Planters Ltd., first party, M.A. Muktadir, second party and United Planters and Traders Ltd., third party. It was agreed ......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
......ompany, Incorporated on 20th August. 1976, started functioning after purchasing Elahinoor Tea Estate and Halda Valley Tea Estate in Government auction on 14th June, 1977: that the Company had to take loan of Tk. 5, 70368/22 paisa from Nurul Huda Quaderi, Managing Director of M/S Noor Planters Ltd. (..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....& others………………………………..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and......cutor Mohendra transferred bulk of the properties. She asserted that she purchased R.S. plot No.382 of schedule (B) in mortgage execution sale. She has been possessing the same since such purchase on payment of revenue to the Government by raising construction and making improvement thereo......ute we may find that time testator has clearly depicted the situation prevailing at the time of execution of the Will and we may read his intention. We notice that Ram Kumar during his life time took loan by mortgaging ancestral properties and ultimately died. Girish Chandra Aich with his own income..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Albert David (Bangladesh) Ltd Vs. M/S Brestern Shipping Company Ltd. & others, 1982, 11 CLC (HCD)
.... separate written statements. Defendant No.2 denied to have acted as agent of defendant No.1. Its contention is that the suit is barred by limitation and is bed for non-joinder of necessary parties. It has been further asserted that defendant No.2 did not extend the period of lim......t defendant Nos.1 and 2 would pay at the rate of £ 100/- per package and hence it revised its claim and reduced the same to Taka 86,998/25 and sent it on 18-1-80. Defendants Nos.1 and 2 avoided payment in spite of several reminders and intimate4 on 7th April, 1980 that the claim was refer...... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3. ..Category: Admiralty Law or Maritime Law | Date: 29 Apr, 1982 | Hits: 7
Albert David (Bangladesh) Ltd. Vs. M/S Brostern Shipping Company Ltd. & Others, 1982, 11 CLC (HCD)
....y filing separate written statements. Defendant No. 2 denied to have acted as agent of defendant No. 1. Its contention is that the suit is barred by limitation and is bed for non-joinder of necessary parties. It has been further asserted that defendant No. 2 did not extend the period of limitation n......t defendant Nos.1 and 2 would pay at the rate of £100/- per package and hence it revised its claim and reduced the same to Taka 86,998/25 and sent it on 18-1-80. Defendants Nos. 1 and 2 avoided payment in spite of several reminders and intimate 4 on 7th April, 1980 that the claim was referred ...... at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 362, 3 BLD (HCD) (1983) 3. ..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7
....ling separate written statements.
3. The case of defendant Nos. 1 and 2 is that the suit was not maintainable at the instance of the plaintiff and it is bad for misjoinder and non-joinder of the parties; and also barred br limitation. Their further case is that there was no disclosure of the ac......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
......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
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Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....th Baqi Advocate— For the Respondents. First Miscellaneous Appeal No. 82 of 1973. Judgment Ranadhir Sen J.— This appeal at the instance of the plaintiff opposite party is directed against the order dated 23-12-78 of the learned Subordinate, Judge on an appl......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. ......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. ..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
.....1, who has been running business under the name and style "Borak & Co." invited the plaintiff and defendant No. 2, who ordinarily reside in U.K. and were known to each other, to form a partnership under the existing firm name and on mutual discussion a partnership was constituted by t......e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ...... disputed goods and he has produced some documents to establish a prima facie case. The goods are lying with the Chittagong Port authority and admittedly huge amount of demurrage and interest on bank loan are accumulating. In the circumstances appointment of a Receiver, for release of the disputed g..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
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