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Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
.... Maju Bibi in, /4/- annas share, Wahed in -2/- annas share and Tarapuddin in remaining -/4/-annas share. Tarapuddin died leaving 3 daughters viz, Amiron, Maiman and Rahimjan. Maiman and Rahimjan sold their shares to Hachenuddin by kabala, dated 3rd Ashar 1321 B.S. Amirjan sold Jier share to Has......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 ...... suggest the purchaser-Government ever annulled the Nim-Howla interest of the plaintiffs after the auction purchase. The record of the Revenue Sale Case No.199 of 1949-50 had been produced before the trial court and proved by D.W. 1 Sikdar A. Mannan. I have also gone through the said Revenue Sale re...... Md. Nizamul Huq with Moslem Alt Howlader—For Opposite-party Nos.1-3. Civil Revision No. 582 of 1982. Judgment Daliluddin Ahmed J.—This Rule was issued Against the judgment and decree, dated 5.1.82, passed by the Subordinate Judge, 2nde Court, Barisal in Title Appeal No.13..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
.... others.......................Petitioner Vs. Satyandra Nath Halder..............................Opposite Party Judgment January 30, 1984. Result: The rule is made absolute Cases Referred to- Makbul Vs. Md. Idris (1969)21 DLR-511; Mir Laik Ali Vs. Standard......on of evidence on record and the legal aspect of the case has found that the kabuliyat, dated 25.1.66, Ext. 2, is hit by section 75-A of the State Acquisition and Tenancy Act, 1950 (herein after called the Act) and the said lease was null and void and as such the land stood forfeited to Go......nst the rest. Being aggrieved by the decision, the defendant preferred Title Appeal N. 167 of 1975 and the appellate court sent back the suit on remand to the court of Munsif for holding a fresh trial with certain observations. Thereafter learned Munsif after fresh hearing decreed the suit......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Daliluddin Ahmed J Sarendra Nath Halder & others.......................Petitioner Vs. Satyandra Nath Halder..............................Opposite Party Judgment January 30, 19..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
.... plaintiffs respondents, namely Syed Ahmed Chowdhury, Md. Yousuf Mia Choudhury, Fazlul Karim, Fazlul Bari and Fazlul Kader are the male heirs of the original Wakf late Ahsan Ali Chowdhury. They are also joint Mutawallis in terms of the registered Wakfnama Ext.1. 3. The case for the plaintiffs r......peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ......e by adverse possession and by such adverse possession of the defendant appellant the title of the wakf estate in the suit land has extinguished. 5. On these pleadings the suit went on trial. The learned Munsif in his judgment found that the suit properties belong to the Wakf estate c...... 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: ..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)
.................................Petitioner Vs. Katu alias Abdul Latif & others.................Opposite parties Judgment January 18, 1984. Result: The Rules are made absolute. Lawyers Involved: Azizur Rahman Chowdhury—for the complainant-petitione......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. ......rocedure. These two rules are disposed of by this judgment since questions of law and facts involved in them are same. 2. The accused-opposite parties in both the rules were placed on trial under section 302 149 B.P.C. The learned Sessions Judge, Comilla, received the case records fr......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. ..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....ffence in question was committed by the accused in connection with the struggle for national liberation. The mere fact that the Government 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 ......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. ......atter. ......................... Under all these facts and circumstances, I am inclined to refuse permission to the prayer of withdrawal for lack of sufficient materials and direct that the trial do proceed in accordance with law.” Thereafter the accused petitioners moved this C......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..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
...., Chittagong from Imperial Chemical Industries (Pakistan) Limited for Taka 3,30,000/. (Taka three lacs thirty thousand). Plaintiff-respondent agreed to purchase the same and the defendant-appellant also agreed to sell the same to the plaintiff-respondent at the said price. The plaintiff paid Taka 33......e property. 2. On 7.6.74 plaintiff respondent M/S. G.K. Brothers instituted Other Suit No. 41 of 1974 against the appellant defendant Imperial Chemical Industries (Bangladesh) Ltd., (hereinafter called the appellant defendant) /or specific performance of contract contained in the agreement Ext.......arned Subordinate Judge rightly decreed the suit and we find no reason to interfere with the same. In the result, the appeal is dismissed without any order as to costs. The judgment and decree of the trial court are upheld and confirmed. The plaintiff respondent is directed to deposit in Court in fa......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 ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
.........................Petitioners Vs. Prof. Zillur Rahman & others............................Opposite-Parties Judgment December 12, 1983. Result: This Rule is made absolute. Lawyers Involved: K. Z. Alam with Mir Hashmat Ali— For the Petitioner. ...... 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. ......pelled an officer of the University personally to institute a suit against it's highest officer of the University with regard to an official act of the University has to be established before the trial Court while disposing the suit on merit by the Court concerned. At this stage it is to be......hi University—Appeared in person. Civil Revision Case No. 192 of 1983. In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting said judgment and order dated 30.6.83 passed by District Judge, Rajshahi in Misc. Appeal No.35 of 1983 dismissing ..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)
.... and having its registered office at 86, Mughaltuly, Dhaka. They want the removal of the name of respondent No.11 Sigma International Inc. from the share register. 2. The petitioners have also simultaneously filed the present application under Order, Rules 1 and 2 read with section 151 C.P......e contrary is proved, every general meeting of the company or meeting of the Board of Directors in respect of the proceedings whereof minutes have been so made shall be deemed to have been duly, called and held, and all proceedings had thereat to have duly had The onus is on the petitioners to ......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 ..................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..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....at the lands described in schedule 1 of the plaint belonged to one Ahmed Ali. Abul Meah purchased the same for a sum of Rs. 1,000/- from him in the benami of his wife Mouna Khatun the defendant who also died during the pendency of the suit and was substituted by her heirs defendant Nos. (1) and (2) ......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 ......benami of his wife Mouna Khatun and also declared plaintiffs' title to the lands of schedule (1). On appeal the learned lower appellate Court affirmed and upheld the judgment and decree passed by trial Court. Being aggrieved, the defendants Nos. 3-5 have preferred this second appeal. 5. Mr.......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..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....14.07.1981 pre-emptor respondents 1-3 Mohammad Islam, Kala Mia and Feroza Khatun of village Tetia, P.S. Cox's Bazar filed an application stating that Jyoti Prasad Rakshit and Tarun Tapan Rakshit (sons of late Barada Prasad Rakshit) of village Jayara, P.S. Chand Naish, Patiya, Chittagong sold 7.4......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. ......y the pre-emptees from P.W.2 Ula Mia on 16.06.1981 and that the pre-emptees possessed the case land from before the purchase under the vendors is not true. 4. The following issues at the time of trial were frame: (1) In the case barred by limitation? (2) Are the petitioners entitled......orted in: 36 DLR (1984) 81. ..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
.......................................Petitioner Vs. Abul Kashem & others.............................Opposite-Parties Judgment November 19, 1983. Result: The Rule is absolute. Cases Referred to- Mobarak Ali Gazi Vs. Mokbul Sardar, 23 DLR 96. Lawyers Inv......et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......ions Case No.348 of 1982. 2. A charge was framed against the three accused opposite parties U/S 324/307 of the Penal Code by the learned Assistant Sessions Judge on 2.12.82. 4.1.83 was fixed for trial. On the date the trial was adjourned upto 13.1.83 at the instance of the Assistant Public Pros...... XXIII of the Code of Criminal procedure comprising sections 265A-265L contain provisions of trial before Courts of Sessions. It is very much necessary for the Sessions Court to fully appreciate when and under what circumstances an order of acquittal can be passed. 4. If, before framing the cha..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....nt- Registering Officers are to give certified copies of all registered documents which are admissible for purpose of proving the contents of the original document.. The copies thus given are in so far as the original registered documents are concerned. Where a case for the reception of seconda......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 ......story of ownership of the suit property as Mutwalli of the Wakf Estate of Nazre-Mahmuda is totally unsubstantiated. Both the Courts found that the plaintiff is in forcible and adverse possession. The trial Courts, however, found that the, khatian of C.S. khatian No. 48 stands in the name of Bishi Be......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..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
.... once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 100. ...... 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. ......d calling upon the opposite party to show cause why the order dated 12-5-83 passed by the Additional Sessions Judge Court No.11 Jessore fn Sessions Case No.508 of 1982 should not be set aside and the trial of the Sessions Case No.508 of 1982 should not be quashed. 2. This Rule arises out of an ......e State.......................................................Respondent Judgment November 13, 1983. Result: The Rule is discharged. Cases Referred to- Md. Badir Mollah and others Vs. The State and others, Criminal Revision Case No.82 of 1983. Lawyers Involved: ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
.... Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ......with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ......ces under sections 147/148/525/323 and 4 and 5 of the Explosive Substance Act and 14 of the Special Powers Act have been established and they should be tried for those offences. It is correct that no trial has yet been started against the petitioners and no charge has yet been framed. It further app......Nazirul Islam— For the Opposite Party. Criminal Revision No. 30 of 1983. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Khulna and the Opposite Party to show cause why the proceedings of Sessions Case No.119 of 1982 pending bef..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....stice; (2) that the proceedings instituted against him by Memo dated 3.6.74 under the Local Council Servants (Efficiency and Discipline) Rules, 1968 and the office memo dated 26.10.74 inflicting some punishment upon him are illegal, ultra vires, irregular and without jurisdiction and (3) t...... the first order of transfer the learned Subordinate Judge held that the plaintiff was deputed to the post of Assistant Accountant as a measure of punishment. He was not heard nor any explanation was called for from him before such an order was passed. The post of Assistant Accountant, Dis......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 ......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..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
.... others............................Petitioners Vs. The State.............................................Petitioner Judgment October 25, 1983. Result: The Rule is made absolute. Section 29 of the Special Powers Act, 1974 provides that the provision of the Code (of ...... in Tribunal Appeal No.27 of 1980 should not be set aside. 2. The case for the prosecution is that on 4.6.77 at about 8 P.M. accused petitioners Abdul Jalil; Nurul Amin, Sagir Ahmed and Kala Mia called deceased Abdur Rashid alias Md. Petan to go out with them to the house of accused petitioner ......ase under the Special Powers Act to prevent the abuse of the process of any Court to secure the ends of justice..............(11) Whether appellate court after affirming the finding of the trial court that there is no evidence on record against the accused justified in setting aside the o..................(11) Whether appellate court after affirming the finding of the trial court that there is no evidence on record against the accused justified in setting aside the order of acquittal and directing retrial--This is an abuse of the process of the court and must be set aside--Code of c..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
....xpeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ...... the petitioner as appears from the affidavits and the revisional application that Nasu Khan in fact had a heart stroke while at his Khulna office at 7/3 South Central Road when Dr. Azizur Rahman was called in and on his advice he was carried by his own Launch to Dhaka and while the launch reached a...... 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. ......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 ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....for the prosecution in brief is that deceased Kabir Ahmed (35), brother of informant P.W.1 Mir Ahmed used to live in village Kanchana, P.S. Satkania, District Chittagong. The two accused appellants also were resident of the said village Kanchana. The occurrence took place on 16.11.77 at about 7-30 A......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 ......e aforesaid injuries which were homicidal in nature. After completing investigation P.W. 17 Sub-Inspector Nurul Huq submitted charge sheet against the two accused appellants and 14 others. At time of trial all the 16 accused persons stood charged under sections 148 and 302/149 of......984) (HCD) 22 ..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
.... not attested by any authority of the Government in the then East Pakistan. So far this registered deed of gift is concerned, it included ail the plots of lands covered by Khatian No.25 and it also alloted different plots of lands between the plaintiffs defendants specifically while delive...... partition suit arose because six plots of lands within khatian No.25 were not allotted separately to the plaintiffs and the defendants. In such circumstances the question is whether it could be called a partial partition or if at all, and if so whether such partial partition could be allowed i......li— For the Respondent. Second Appeal No. 69 of 1958 Judgment Syed Muhammad Hossain J. - This Second Appeal arises out of a judgment of reversal in a suit for partition. The trial Court dismissed the suit whereas the lower appellate Court decreed the same against which the ........................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 ..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....82 passed by the learned District Judge, Dhaka in Title Suit No.19 of 1981 granting temporary injunction against the defendant-appellant and making the order of ad interim injunction dated 27.10.81 absolute. 2. The plaintiff respondent Haque Brother (Industries) Ltd. filed the aforesaid suit fo......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 ......diately. The learned District Judge is directed to dispose of the suit within two months from the arrival of the records. 13. The avoid any misunderstanding, it is specifically directed that the trial Court must totally ignore the views of this Court with regard to temporary injunction. The sui......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—..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
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