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Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....or declaration of title and delivery of possession in respect of the Suit land, obtained decree on contest on 15.5.1951 and got delivery of possession of the suit land through court on 26.5.1951. The relevant R.S. record of right in respect of suit land recording the same in the names of Yousuf Ali ......red kabala by the Mutawallis treating the same as the their private secular property as proprietor for valuable consideration for their own benefit and in support of their said claim they had certain papers in their support namely, the Khatian recording the suit land as their private secular propert...... Present: Fazle Husain Mohammed Habibur Rahman J Syed Mohammad Ali J Nezamat Ali.................................................Defendant-Appellant Vs. Syed Ahmed Chowdhury and others.................Plaintiff-Respondents Judgment January 18, 1984. Result: ......elivery of possession and the suit is barred by the law of limitation and the plaintiff's alleged title had been extinguished. Both parties examined witnesses and filed their respective documents. The deed of wakf filed by the plaintiffs was marked as Ext.1 and the sale deed filed by t..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)
.... 'C' of section 35 of the Ordinance No.XXIV of 1982 would control the provisions of section 339-C Cr.P.C. which has been introduced by section 24 of the said Ordinance. We reproduce below the relevant portions of sub-section C of section 35 of the Ordinance No. XXIV of 1982:— &quo......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. ......Hossain Khan J.—These two rules have arisen out of an order passed by the learned Additional Sessions Judge, 2nd Court, Comilla, treating the proceeding of Sessions Case No. 369/1982 as stopped and releasing the accused persons under section 339C (4) of the Code of Criminal Procedure. ......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. ..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....uch circumstances to be withdrawn by operation of law. In the present case, however, as already state the Government did not certify that the case against accused was in respect of an act done at the relevant time in connection with the struggle for National Liberation. Therefore P.O. No. 1673 has n......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. ......ent have stated that the accused are freedom fighters does not ipso facto give any indemnity for committing any offence against innocent citizens. P.O. 16/73 has no manner of application in the facts and circumstances of the present case. Cases Referred To- Syed Matiur Rahman Vs. The state......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
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....eement in question became vested in the Government under President's Order No. 16 of 1972 the question whether it became impossible for the Pakistani Company to perform its contract is not at all relevant inas much as the Government became the Pakistani Company's successor in interest by ope...... 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 ......eal dismissed Cases Referred to- Buxly Paint (Bangladesh) Ltd. Vs. Bangladesh, (1979) 31 DLR (AD) 266. Lawyers Involved: Khondaker Mahbubuddin Ahmed with Mirza Hossain Haider and Mokbul Ahmed—For the appellant. Muzammel Hossain with Syed Moazzem Hossain—For ...... 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)
....ffidavit-ia-opposition that the question of transfer of shares from Taiwa to Sigma International Inc was mooted first in the 15th annual general meeting of the company (held on 25.6.79. The relevant portion of the proceedings of the said meeting (An-nexure 3) is as follows :— ...... and both the petitioner No.1 and one Major (Retd.) Moslebuddin were assaulted by the respondent Nos. 2 and 3 with the help of labourers when they went to the office of the company to collect certain papers. The respondent Nos. 2 and 3 have been managing the affairs of the company manipulating and a..................Respondent Judgment November 24, 1983. Result: The prayer accepted Rectification of the Share Register Cases Referred To- Fry, Chase National Executors and Trustees Corporation Ltd. Vs. Fry and others (1946) 2 All E.R. 106; Transatlantic Life Assurance......ers when they went to the office of the company to collect certain papers. The respondent Nos. 2 and 3 have been managing the affairs of the company manipulating and altering the various company documents and files and totally ignoring the interests of the company and oppressing the intere..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....ggrieved, the defendants Nos. 3-5 have preferred this second appeal. 5. Mr. Farmanullah Khan, the learned Advocate for appellants has taken me through the judgments of the Courts below and other relevant materials. The learned Advocate submits that as the plaintiffs could not prove any motive f......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 ......ts Vs. Badsba Meah & others.......................Respondent Judgment November 23, 1983. Result: The appeal is dismissed Cases Referred To- Joydayal Fodder and another Vs. Mst. Hazra and others decided by the Supreme Court of India AIR 1974 (SC) 171; India......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)
....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 he has not appeared in the witness box at all. Even if the p......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. ......orted 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)
....ons of section 57(5) of the Registration Act…..(9) Under section 33 of the Evidence Act, evidence given by a witness before any person authorised by law to take it, is relevant for the purpose of proving in a subsequent judicial proceeding the truth of facts which it ......d the said huts from the plaintiff and paid advance rent. He also paid regular rent as is shown from the counterfoils of rent receipts Ext. 4 series. The trial Court did not place any reliance on the papers filed by the defendants. It held that inspire of the fact that the plaintiff has not acquired......ahbubey Alam—For the Appellant. No one—For the Respondent. Second Appeal No. 319 of 1965 Judgment Mustafa Kamal J. - These two Second Appeals have been heard together and will be disposed of by same judgment as they arise out of the same appellate judgment. 2. T......amp; others................................Defendant-Respondent Judgment November 15, 1983. Result: The appeals are allowed. Admissibility of Certified copy of the registered documents --Proof of the contents of the original document- Registering Officers are to give ce..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
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 ......tional Attorney General in this matter. The learned Additional Attorney General was not in a position to throw any light as to their exact legal status. He simply stated that on the basis of the papers on record he cannot admit the employees appointed by the District Boards under Works Programm......R (S.C.) 41; Bangladesh Small Industries Corporation Vs. Mah-boobHossain Chowdhury, 29 DLR (SC) 41; Bangladesh Biman Corporation, Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T......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)
.... 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. ......y Dr. Azizur Rahman of Khulna Towa which certified that the deceased Nasu Khan was under his treatment at Khulna and that the said patient died at Khulna at 7/3 South Central Road, Khulna. Some other papers were also submitted before the court at Khulna which shows that the dead body of Nasu Khan wa......in short are that the opposite party Sayeda Sultana Khan, second wife of late Serajul Islam Khan @ Nasu Khan filed a certificate case being Miscellaneous Case No.48 of 1980 after the death of her husband in the Court of the learned Subordinate Judge, Khulna for the grant of a Succession Certificate ...... 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
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....he facts of the case the proceeding at the instance of the first party petitioner was wholly misconceived and in such view of the matter the arguments of the learned Advocate for the petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, d......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 ......urt High Court Division (Criminal Revisional Jurisdiction) Present: A.T.M. Afzal J A.B.M. Hassan Kabir.......................................Petitioner Vs. Umesh Chandra Dey & others.......................Opposite Party Judgment October 19, 1983. ......t in the petition of complainant the 1st party petitioner did not specifically mention about his possession in the disputed land, that the petition indicates that although the 1st party acquired documents of title in respect of the disputed property he was never given actual possession and..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)
....39;error of law apparent on the face of the record' encompasses not only patent error of law committed 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 t......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. ......urt High Court Division (Admiralty Jurisdiction) Present: Mustafa Kamal J Khan Sons (a private Ltd. Company)...................Petitioner Vs. Motor Vessel YIH SHEN and others....................Opposite Parties Judgment October 10, 1983. Result: ......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
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
.... now within the State of West Bengal in India. The original copy the registered deed of gift was allegedly and evidently lying with the defendant No.1 as guardian of plaintiffs who were minors at the relevant time. A certified copy of the registered deed of gift issued by the Sub-Registrar of Jalpai......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 ........................Respondent Judgment October 4, 1983. Result: This appeal is dismissed. A suit for partition shall include the entire properties of the co-sharers held and possessed jointly- The general rule to include the entire properties of all the co-sharers ......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 ..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....ountry Fair and Birds Eye respectively. 10. In the present case it is the case of the plaintiff that the new type of biscuits known as 'Cookie' was invented by the plaintiff in 1979. The relevant registrations were obtained in the years 1979 and 1980. The word 'Cookie' is obviou......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 ......d...............................Respondent Judgment October 3, 1983. Result: Appeal is dismissed Cases Referred to- McCain International Ltd. Vs. Country Fair Foods Ltd. and anr., 1981 RFC 69(CA). Lawyers Involved: Abdur Rashid Khan with Ashraf All Kazi—......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)
....defendant No. 2 entered appearance and filed a written statement stating that the plaintiffs filed several application under order 16 Rule 1 of the Code of Civil Procedure for production of relevant certificate case record lying with the record room of the defendant No. 1 on 7-1-74, 28-6-7......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 ......; 14. Condonation of delay in filing appeal – Whether time spent by filing a case in the wrong forum due to mistaken advice is to be condoned--That mistaken advice given by a counsel and for that matter even by a senior counsel may constitute sufficient cause for condoning deley if ......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)
....rom Country Fair and Birds Eye respectively. 10. In the present case it is the case of the plaintiff that the new type of biscuits known as Cookie was invented by the plaintiff in 1979. The relevant registrations were obtained in the years 1979 and 1980. The word 'Cookie' is obviou......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. .................................Respondent Judgment October 3, 1983. Result: The appeal is dismissed. Case Referred to- Mc Cain International Ltd. Vs. Country Fair Foods Ltd. and another, 1981 R.P.C. (Reports of Patent. Design and Trade Mark Cases) 69 (CA) Lawyers Invol......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
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
.... The next case relied upon by the learned Additional Attorney General is the case of Vasant Jaiwontrao Mahajan Vs. Tukaram Mahadoji Patil AIR 1960 Bom. 485. It has been held in this case that where a relevant provision of law, in this instance Order 9, rule 13 Proviso, has not been conside......taken the charge of management and realization of rents of all 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 o......lt: The appeal is allowed. Code of Civil Procedure, 1980; order 47 or 1, 2 & 4 Review of Judgment by a Successor Judge The right of review of a judgment is a substantive right and its scope, extent manner and forum are circumscribed by the statute which confer such right-Revi....... 8. Mr. Mahmudul Amin Chowdhury, the learned District Judge Dhaka allowed the Miscellaneous Appeal No. 248 of 1983 by his judgment and order dated 10-8-83 on the ground that from the papers and documents filed by the two sides it appears that the Dhaka Municipal Corporation has only been given..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....the Court into the object or objects of the parties in executing and receiving the instrument arid hence the conduct of the parties initially in executing. 11. The object to be achieved would be relevant to show the conduct of the parties to a transaction and it is not the same as regards inten......ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ...... Respondent. Appeal from Appellate Decree No. 693 of 1968. Judgment Anwarul Hoque Chowdhury J.- This appeal at the instance of the defendant Jaha Baksha Par, son of late Madhu Par and on the death of said appellant his heirs namely, Mozem Par, Ahmed Ali Par and Asmani Bibi is dir......t of this the court referred to a number of other documents submitted by the plaintiff being Ext. 1 to 1(c) which showed as to how and why the very defendant money lender had obtained those case documents from various other borrowers by advancing loan as a security and when they had refunded th..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ...... This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......tten document it was incumbent upon the plaintiff to produce the same as it was the best evidence- It is a cardinal rule of evidence, not one of technicality, out of substance, that were written documents exist they shall be produced as being the best evidence of their own contents. Nothing is ..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....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. ......aint (Annexure E to the petition) filed by the opposite party No.1 Mr. K.M.J. Akbar in collaboration with one another. The complainant opposite party No.1 has filed before the trial court a number of papers documents on which he proposes to rely. The petitioner has annexed with petition the certifie...... & others……………..Opposite-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- Chairman, Bangladesh Steel Mills Corporation Vs. Masood Raza and others, 30 DLR (SC) 169, Government of Bangladesh Vs. A.T.J Industries, 28 DLR (AD) 120. Lawy......nnexure E to the petition) filed by the opposite party No.1 Mr. K.M.J. Akbar in collaboration with one another. The complainant opposite party No.1 has filed before the trial court a number of papers documents on which he proposes to rely. The petitioner has annexed with petition the certified copie..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
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