Search Options
Judgment Advanced Search
Displaying 1101-1120 of 5057 results.
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
.... that the documents filed on behalf of the defendant-petitioner, namely, Exts. A.B. & C were not at all considered. In view of my discussion above it will be seen that the documents were wholly irrelevant in the context of the pleadings of the parties and the finding of the Court below that Raja......h the plaintiff vacated the suit shop and returned most of the articles taken by him, that the plaintiff approached him for a receipt for the property returned to him and he in good faith signed some papers, that it transpired subsequently that the plaintiff had created a deed of agreement for alleg......……………………..Opposite Parties Judgment May 12, 1983. Result: The rule is discharged. Cases Referred to- Abdus Sattar and others, 32 DLR (AD) 170. Lawyers Involved: Nazrul Islam Chowdhury, Advocate— For...... was thus of no avail because the pleading with regard to Matinuddin Ahmed's title was quite otherwise. The learned Advocate for the petitioner in course of his argument made a grievance that the documents filed on behalf of the defendant-petitioner, namely, Exts. A.B. & C were not at all co..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....nchangya, Additional Deputy Commissioner (Rev.) and Mr. Mostafizur Rahman, Circle officer (Rev.) Puthia appeared before this Court through their counsel, Mr. Dalifuddin Ahmed. 3. The short fact, relevant for the disposal of this contempt proceeding, is that one Khalilur Rahman claimed to have g......s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ......;……….Contemners Judgment May 5, 1983. Result: The Rule is discharged. Lawyers Involved: Md. Ansar Ali, Advocate with Md. Marfat Ali, Basiruddin Miah and Younus Ali, Advocates— For the Petitioners. Daliluddin Ahmed, Advocate with Akram Hos......s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... 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 ......e Kalimata Bigraha.................Respondent Judgment April 14, 1983. Result: This appeal is dismissed. Cases Referred To- Province of East Pakistan Vs. Kshiti Dhar Roy and 3 others 16 D.L.R. (S.C.) 457; Sm. Panna Banarjee and others Vs. Kali Kikkor Gunguli AIR 19......e of the locality make their offerings to the deity there. Lack of the personal knowledge of the plaintiffs witnesses as to the exact time of dedication is understandable as it happened long ago. The documents on record, however, lend full support to the assertion of the plaintiff. In the S.A. recor..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....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. ......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. ......man—For the Respondent. Appeal from Appellate Decree No. 602 of 1963. Judgment M. S. Ali J. - This appeal preferred by the plaintiff Abdul Shaikh is directed against the judgment and decree dated 18.12.62 of the learned Subordinate Judge, Additional Court, Khulna in Title Appeal......existence of a thing is so probable that a prudent man would assume its existence under the circumstances. Thus a fact may be proved by direct evidence when the fact is attested by witness, things or documents, or it may be proved by indirect or circumstantial evidence by witness, things or document..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....Procedure is not a proceeding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Procedure is limited to the question as to who was in possession at the relevant time. This is for the Civil Court to decide. In order to find out actual possession on the ...... 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. ...... Present: Anwarul Hoque Chowdhury J Mohammad Hossain Khalifa………………………………Petitioner Vs. Kalachand Das & others…………………………...... 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
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....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. ......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. ......howdhurani Vs. Jewahir Singh, 18 ILR Cal. 23; Abdul Mazid Vs. Khalil Ahmed, 12 DLR SC 132; Nadir Shah Vs. Lal Shah, PLD 1954 Lah. 447; Deity Pattabhiramaswamy Vs. S Hanymayya, AIR 1959 SC 57; Nafar Chandra Pal Vs. Sukur Sk, AIR 1918 PC 92; Dhenna Mal Vs. Roy Bahadur Moti Sagar, AIR 1972 PC 102; Wali......ower-of-Attorney. 7. Syed Ishtiaq Ahmed, learned Counsel contends that the question to be decided in this case is a question of fact and this does not involve an issue of law merely because some documents have been interpreted and construed. He has made a distinction between construction of a d..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......lip;…Accused-Respondent requires Judgment February 13, 1983. Result: The Appeal is dismissed. Whether the Nationalized Sonali Bank comes under the purview of the Shops and Establishments Act 1965 (Act No.VII of 1965) The words "commercial establishment"......per se does not attract any penal provision. There must be evidence that the employer does not maintain those particulars and registers at all and that evidence is best furnished by calling for those documents by a notice and by a failure of the accused to respond to that notice. Mere failure t..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ......o that Court the documents, articles, if any, and the record of the case which includes the F.I.R. or the complaint, the statements of the witnesses recorded by the police or the Magistrate and other papers (the Police report, statements recorded U/s 164 Cr.P.C., dying declaration, inquest report, p......; ...... on a fresh complaint at all. He has taken us through the F.I.R. of Tangail P.S. Case No.10 (11)781 and the petition of complaint in the instant case and has shown us how even the language of the two documents is interchangeable. The incidents alleged are the same. The accused persons (with addition..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....y;tional Sessions Judge has acted contrary to his own order which was passed on 19-4-82 upon the petition dated 16-4-82 filed on behalf of the petitioner. We have already quoted hereinbefore the relevant portion of the said order. As a matter of fact the prosecution in its application date......on 5-11-81. The Additional Sessions Judge again took up the matter for hearing under section 265D in so far as the petitioner was concerned and on being satisfied from the police diary and other papers that there were sufficient materials to proceed against him framed a charge under section 302......lling in question two orders. The first one is dated 13-4-82 passed by the Additional Sessions Judge, 3rd Court, Comilla in Sessions Trial No.247 of 1980 taking cognizance against the petitioner and issuing non-bailable warrant of arrest against him upon holding as follows:- "Since ac......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
....of landlord and tenant or merely that of licensor and licensee the decisive consideration is the intent on of the parties. This intention has to be ascertained on a consideration of all the relevant provisions in the agreement. In the absence, however, of a formal document the intention of......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.
......wdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
New Dhamai Tea Estate Limited………… Appellant
Vs.
Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Respondents
Judgment
August 6,1982.
Result:
......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.
..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....rate rule of evidence. We have examined the records of the case and have found that the same witness. P.W.3 Ali Azam Khan who was Assistant Executive (Distribution) of the T.C.B. at Chittagong at the relevant time and who in his evidence stated earlier that the petitioner Nazrul Islam as the authori......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ......t sought to be tried by a different Tribunal. Nor is he being tried under a separate rule of evidence. Records of the case shows the same witness. The accused has deposed to the same effect and has not deposed anything in respect of selling of the cloths in the black market. There was neit......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....e passed by the learned Subordinate Judge, 1st Court, Faridpur dated 21-1-1977 in Misc. Case No.41 of 1976 passed under Order 39 Rule 2, Sub Rule (3) of the Code of Civil Procedure. 2. The facts relevant for the purpose of this Rule are to the effect that the petitioner as plaintiff filed Title......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......n Khan J Dilip Kumar Chakravorty……………………………………..Petitioner Vs. Abdul Muyeed Chowdhury and others……………Respondents Judgment January 27, 19......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....of the transaction or any oral evidence in respect of it, it was clearly unjustifiable to hold that there was no cause of action. 8. As regards the first point regarding the applicability of the relevant provisions of the Civil Procedure Code, namely, rule 11(a), Order 7, to proceedings in an A......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. ......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. ...... Tag's agent in Singapore; (iv) Acknowledgement receipt duly signed by the plaintiffs upon receipt of the vessel in afloat condition at Chittagong in Bangladesh to be attached along with the documents required for negotiation of the letter of Credit. (v) Commercial Invoice in Triplicat..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....The company wrote to respondent No. 2 giving all the facts relating to the transfer of shares and the present state of the company; and, on being asked, the learned lawyer of the company produced all relevant documents before respondent No. 2 but the petitioner did not get any relief. In this backgr...... shares in trust and shall not register his name with the Registrar of Joint Stock Companies and on the event of his failure to purchase the shares on fulfilling the above condition, shall return all papers and documents, to be handed over to him to the Third party.
(iii) That the Third party, ......D) (1982) 345; 3 BLD (HCD) (1983)149
......ny wrote to respondent No. 2 giving all the facts relating to the transfer of shares and the present state of the company; and, on being asked, the learned lawyer of the company produced all relevant documents before respondent No. 2 but the petitioner did not get any relief. In this background the ..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
.... is whether A was ravished. The facts that shortly after the alleged rape, she made a complaint relating to the crime, the circumstances under which, and the terms in which the complaint was made are relevant." Section 157 of the Evidence Act reads as follows: "In order to corrob......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ......ellip;……………………State Judgment May 6, 1982. Result: The Appeal is dismissed. Cases Referred to- Abdul Khaleque and others Vs. The State, 12 DLR (SC) 165; Eaar Ali and others Vs. The State, 11 DLR 249; Rashid Ah&...... of her grand father with intent to commit illicit intercourse with her and after both the accused appellant had raped her against her will and without her consent by force, they tried to obtain documents to show that, there was a marriage between appellant Quddus and P.W.2 Ferdousi subsequentl..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... Subordinate Judge so far it relates to schedule (I) of the plaint. Keeping the said limitation in view Mr. Abdur Rab, the learned Advocate appearing in support of the appeal has taken us through the relevant materials on record to press the appeal Mr. Rab contends that the suit was bad for defect o...... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ......ip;…..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; Ram Ran Vijay Prasad Singh Vs. Province of Bhar, AIR 1942 Patna 435; Th......akhilas. Exhibit K 1 is the certified copy of demand notice Exhibit L 1 series are certain challans and Exhibit M 1 is the certified copy of the order sheet in certain title suits. These are all line documents put in evidence on behalf of the contesting defendants. 13. The learned Subordin..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....Chittagong Port Trust also issued a Certificate to that effect. The plaintiff sent on 13.6.80 its claim bill dated 12.6.80 for Tk. 10, 27,502/- for the total value of the goods lost and forwarded the relevant documents to defendant No. 2. After several reminders of the plaintiffs defendant No. 2 rep......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
......llip;…………. Appellants
Vs.
Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, represented by Agents M/s. M.M. Ispahani Limited, Ispahani Building and two others………....Respondent
Judgment
April 12, 1982
Re......g Port Trust also issued a Certificate to that effect. The plaintiff sent on 13.6.80 its claim bill dated 12.6.80 for Tk. 10, 27,502/- for the total value of the goods lost and forwarded the relevant documents to defendant No. 2. After several reminders of the plaintiffs defendant No. 2 replied on 2..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ......adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ......es. Civil Revision No. 76 of 1982. Judgment Amin-Ur-Rahman Khan J. - This Rule was obtained by the petitioner who was O.P. No. 1 in a preemption case to revise the concurrent judgments and other passed by the original and the appellate Court below refusing the present petitioner's......n 96(4) of the State Acquisition and Tenancy Act. From the foregoing it finding must held that both the Court below committed an error of law apparent on the face of the record and the documents in refusing the present petitioner's claim for rateable preemption and consequently fa..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....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. ......after an application under Section 144 of the Code of Civil Procedure was filed by the defendants and Miscellaneous Case No.83 of 1978 was started on the basis thereof. The parties produced papers in support of their respective claims. The defendant petitioners stated that under the garb o...... Md. Asghar…………………………………………………..Appellant Vs. Nowab Miah and others……………………………........e party accordingly contended that the application was liable to be dismissed. 3. The learned Subordinate Judge on consideration of the contentions raised before him and in view of the documents filed, reached a finding that "that suit land or the decreetal land appertains to hol..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
....ed this appeal. 5. Mr. S.R. Pal, the learned Advocate appearing on behalf of the appellant has taken us through the plaint, the application for appointment of Receiver, the order-sheet and other relevant papers. He submits that no notice was served upon the defendant appellant, who did not get ......ppeal. 5. Mr. S.R. Pal, the learned Advocate appearing on behalf of the appellant has taken us through the plaint, the application for appointment of Receiver, the order-sheet and other relevant papers. He submits that no notice was served upon the defendant appellant, who did not get opportuni......February 17, 1982. Result: The appeal is dismissed. Appointment of Receiver— Appointment of Receiver is one of the harshest remedies allowable under the Civil Procedure Code and Court has to discharge this exceedingly delicate and responsible duty with utmost caution. ......ong Port, and which are mortgaged to the Bank stating that the Receiver would arrange the requisite fund for the purpose. He further submits that the learned Subordinate Judge on consideration of the documents filed by the plaintiff has allowed the prayer for appointment of Receiver. He has exercise..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
93779374953190899375712393729376934568219336933970999227933493389226938293379556