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Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
.... Abdul Haque—For the State. Criminal Appeal No. 68 of 1983. Judgment M. S. Ali J. - This criminal appeal by Tota alias Tofazzel Hossain is directed against the judgment and order dated 23.3.83 passed by Mr. S.H. Bahar, Assistant Sessions Judge, Jhenidah in Sessions Case No.287 o......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......te.....................................................Respondent Judgment July 12, 1984. Result: The appeal is dismissed. The gist of section 157 of the Evidence Act is that former statement of a witness may be proved to corroborate his later testimony as to the s..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....Opposite parties. Civil Revision Case No. 156(C) of 1982. Judgment Syed Mohammad Ali J.- This rule was obtained by the petitioner Abul Hashem and it is directed against the order No.19 dated 10.8.1982 passed by Mr. S.U. Mahmud, Sub-ordinate Judge, Cox's Bazar in Other Suit No.24 o...... Das next submits that even if the alleged bainanama is earlier in point of time but the petitioner is not aware of the bainanama in that event he can claim to be bonafide purchaser for value without notice. Lastly, Mr. S.C. Das has relied upon the provisions of section 27B of the Specific......t No.24 of 1981. 2. The opposite party Nos.1-2 namely Saleh Ahmed and Mostafa Kamal as plaintiffs instituted the said Other Suit No. 24 of 1981 in the Court of Subordinate Judge, Cox's Bazar for specific performance of Contract of sale, delivery of possession after execution and registratio..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....gment Fazle Hussain Muhammad Habibur Rahman J.- This appeal at the instance of defendant appellant Eastern Maritime and Trading Corporation, Djibouti, is directed against the judgment and order dated 29-1-84 passed by Mr. Md. Shamsher Ali, Subordinate Judge, 3rd Court, Chittagong in Money Suit...... No.1. The said companies are pressing hart for settlement of their dues. In order to defeat the claim of the plaintiff the defendant No. 1 arbitrarily and abruptly without serving three months prior notice as per contract terminated the agency by a telex addressed to the Bangladesh Chemical Industr......hellip;…………Opposite party Judgment June 12, 1984. Result: The appeal is dismissed. Whether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civi..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....zan passed on 21.9.68 in Other Suit No. 99 of 1966. Basharat Ali respondent since deceased and substituted by his heirs transferred the suit land to Abdul Quddus appellant by a registered kabala dated 20.10.1950. By a contemporaneous oral agreement entered into between the same parties the appe......ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......arat Ali as plaintiff instituted the suit which was decreed by the trial Court and affirmed by the Court of First Appeal as stated above. 2. Mr. Md. Ahsanul Kabir, the learned Advocate appearing for the appellant has taken me through the judgments of the Court's below. The learned Advocate ..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....sh;For the Opposite Party. Civil Revision Case No. 1915 of 1980. Judgment Syed Mohammad Ali J. — The defendant petitioner obtained this rule against the judgment and order No. 15 dated 4.12.80 passed by Mr. M.K.A. Rouf, District Judge, Chittagong passed in Miscellaneous Case No....... at Satania 3 Advocates have been engaged by the plaintiff opposite party No. 1. Section 24 C.P.C runs as follows:- 24-(1) "On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion wit......he Rule is discharged. Civil Procedure Code, 1908; Section 24 Transfer of suit when should be allowed – Ordinarily the plaintiff as the arbiter it is has the right to choose his forum and the courts should be very reluctant to disturb this right unless the defendant establishes..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....th ulterior motive. Subsequently it was detected and accordingly the share certificate bearing No.010 with distinctive Nos.158-177 were declared invalid by a resolution of the Board of Directors dated 20-4-80. The Company has made out correct share certificate No.012 showing distinctive numbers......e Managing Director. The Managing Director is depriving the petitioner as also other 25% share-holders the benefits of their shareholding in the company. The petitioner through his lawyer sent a notice to the Managing Director to return the share script No.005 and to move the High Court Divisio......tive Nos.81 to 100 and included in one Share Certificate being No.005. The Instrument of transfer, after due execution on 18.6.76 was deposited with the Company with the Share Certificate No.005 for registration. Although the transfer was duly accorded by the Board of Directors in its meeting h..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....mes or requisition-list were not mentioned. The notice was served upon the plaintiff on 21.6.76 at 10-15 A.M. in the though 7 days prior notice red for such a meeting and the meeting was held on that date where only 5 members were present and a resolution was adopted in the meeting removing the plai......ng Committee convened a meeting of the said Committee on 11.6.76 stating that the same is being convened at the requisition or 6 members but the names or requisition-list were not mentioned. The notice was served upon the plaintiff on 21.6.76 at 10-15 A.M. in the though 7 days prior notice red ......2. Facts in short are that G.M. Ali Baksha, Headmaster of Agarghata High School P.S. Paikgachha, District Khulna as sole plaintiff filed a suit, being Title Suit No.324 of 1976 in the Court of Munsif for a declaration that the resolutions adopted by the Managing Committee of the Agarghata High Schoo..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
....b—For the State. Criminal Revision No. 7 of 1948. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the opposite parties to show cause as to why the order dated 27.12.83 and 25.1.83 passed in G.R. Case No.1046 of 1983 by the Sessions Judge Khulna should n......rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ......ve the complainant's father who was scheduled to come on 26.9.83 at 7 PM. They went to launch Ghat but they did not find complainant's father in the launch. In the meantime the launch started for Khulna. Aforesaid Akramuzzaman and Mizanur Rahman requested the Serang to stop the launch a..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... Syed the Shamsur Rahman- For Respondent Appeal from Apaellate Decree No.153 of 1978. Judgment Anwarul Hoque Chowdhury J. - This appeal is directed against the judgment and decree dated 26.7.74 passed by the Additional District Judge Khulna reversing those passed by the learned M......tion or exception as provided under the said Act as to the exceptions of persons against whom a document would not be specifically enforced particularly against a bona fide purchase for value without notice of the mistake. That is however also the common sense view of the matter because a bona fide ......ed 26.7.74 passed by the Additional District Judge Khulna reversing those passed by the learned Munsif Second Court Bagerhat on 25.9.72 in Title Suit No. 716 of 196. 2. Plaintiffs filed the suit for declaration of title and confirmation of possession in the plot No.1292 of khatian No.66 and pra..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
M/s. Haque BroÂthers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
....on-Record—For the Respondent No. 1 (In both the cases). Ex-parte.—Respondent Nos. 2-4 (In both the cases). Civil Appeal Nos. 31 & 32 of 1983. (From the Judgments and Orders dated 22-9-82 passed by the High Court Division Dhaka Bench in First Miscellaneous Appeal Nos. 490 o...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ...... terms and the dispute comes to an end. If the proposed terms become infructuous, they cannot be used in future against the writer in deciding the issues between the parties. If the document is formally proved, the Court can ultimately examine such letter. But if the entire letter is written â..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....hammad Habibur Rabman J.— This appeal at the instance of defendant 1(d) Shantipada Adhikari, a Shebayet of the deity Sri Sri Chatteswari Debi Bigraha is directed against the judgment and decree dated 31.8.1982 passed by Mr. Jalaluddin Ahmed, Subordiante Judge, 1st Court, Chittagong in Other Su......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ......0/- to be deposited by the plaintiff in the Trial Court within 11 days of the judgment on the failure of which the plaintiff may get the kabala executed and registered through court. 2. The case for the plaintiff Shirish Chandra Das is that the suit land measuring.08 sataks (4 gandas) (as demar..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
.... First Appeal No. 64 of 1975 Judgment Syed Mohammad Ali J. — This appeal is at the instance of defendant No. 1, the Trustees of the Port of Chittagong against the Judgment and decree dated 29.3.75 passed by Mr. Bazlur Rahman, Subordinate Judge, 3rd Court, Chittagong in Money Suit No......n by the defence service people. 5. The plaintiff made repeated demands to defendant No. 1 for delivery of the car or for compensation but without any effect. The plaintiff ultimately served one notice on 22-4-72 under section 109 of the Chittagong Port Act upon the defendant No. 1 wh...... 35 DLR (AD) 364; Central Bank of India Ltd. Vs. M/S-Jan Md. Hazi Ismail 17 D.L.R. 582; Chittagong Port Authority Vs. Md. Ishaque and others 35 DLR. (AD) 364. Lawyers Involved: Makbul Ahmed for Muzammel Hug—For the appellant. M.A. Zalil for Rcfiqur Rahman-For the Respondent. ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....uo;s case was that the suit land measuring 8.11 appertains to a holding which totally comprised of 8.34 lands. The plaintiff’s predecessor Baharuddin purchased 4.24 lands by a registered kabala dated 18-1-27 from Nasiruddin and 2 others and also acquired the remaining 4.10 lands of the holding...... acquired a good title in the suit land by adverse possession on the basis of their continued exclusive possession for over 12 years. It was also submitted that the learned Subordinate. Judge did not notice that the plaintiffs never recognised the asserted title on the basis of deed of exchange from...... Result: The appeal is allowed. Specific Relief Act (1 of 1877), Section 54. Obtaining Permanent Injunction-Exclusive Possession and a Prima Facie title is required Possession for more than 12 years can be protected by permanent injunction even against rightful owner. A perso..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
.... under section 115(1) of the Code of Civil Procedure arises out of the following facts:— 2. The petitioner transferred certain property to opposite party Nos.1 and 2 by a registered kabala dated 20.05.1970 for a sum of Tk.4,700/-. On the same day a registered deed of agreement was execute...... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ......5(1) of the Code of Civil Procedure arises out of the following facts:— 2. The petitioner transferred certain property to opposite party Nos.1 and 2 by a registered kabala dated 20.05.1970 for a sum of Tk.4,700/-. On the same day a registered deed of agreement was executed by the parties ..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
....ee, that by reason of being enemies under the Defence of Pakistan Ordinance and Rules, 1965 the property had vested in the Deputy Custodian of Enemy Property by virtue of Notification No.1199 General dated 3.12.65 and that by virtue of Article 8 of East Pakistan Enemy Property (Lands and Buildings) ...... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ......suit in 1964. At the time of filing Execution Case Nos.4 of 1967 the addresses of judgment debtor Nos.1 to 4 have also been shown to be in India. Mr. A.K.M. Shafiqur Rahman, the learned Advocate for the decree-holder appellant also frankly concedes that the judgment debtors No.1 to 4 are Indian..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....he plaintiff filed an application for partition through ah Advocate Commissioner. The plaintiff's prayer was allowed and a writ was issued appointing Mr. A. Rashid as Commissioner by order No. 78 dated 9.3.72. From 31.3.72 to 13.1.73, Order Nos. 79 to 86 "the Court awaited for the commissio......the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253 ......r the Respondent. Appeal from Appellate Decree No. 234 of 1984 Judgment M. H. Rahman J.- This appeal, by defendant No. 1, has arisen out of a judgment and final decree passed in a suit for declaration of title and for partition. 2. In the preliminary decree the trial Court decree..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....rs. No one—For the Opposite jarty. Civil Revision No. 1356 of 1984. Judgment Mustafa Kamal J—This rule obtained under section 115 C.P.C. is directed against the Order dated 26.6.76 passed by Mr. N.I. Khan, Munsif, Faridpur in Miscellaneous Case No.191 of 1976. 2......sors of the late plaintiff had time up to 90 days from the date of the plaintiff's death to substitute themselves as plaintiffs. Once the fact of the death of the sole plaintiff is brought to the notice of the Court has no power arid jurisdiction to fix the suit for positive hearing. Whom w......ed by Mr. N.I. Khan, Munsif, Faridpur in Miscellaneous Case No.191 of 1976. 2. Late Poet Jasimuddin as plaintiff instituted Title Suit No.4 of 1974 against the opposite party as defendant before the Sadar Munsif, Faridpur praying for a decree of ejectment from the suit premises. During the..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
.... 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.138 of 1980 re...... an under tenure by institution of a suit or by any other suitable means. In this case, the Government neither instituted any suit for annulling the Nim-Howla interest of the plaintiffs no issued any notice upon the plaintiffs asking them to vacate the suit land. The Government did not take possessi...... 23.4.80, passed by the Munsif, 1st Court, Barisal in Title suit. No.272 of 1977. 2. The opposite party Nos.1-3 as plaintiffs filed Title suit No.190 of 1975 in the Court of Munsif, Barisal for declaration of title to the suit property against the defendant-petitioner and the defendan..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....ioners. Hemayetuddin Ahmed—For the opposite party. Civil Revision No. 77 of 1982. Judgment Daliluddin Ahmed J.—This Rule is directed against judgment and decree, dated 6.11.81 passed by the Additional District Judge, 1st Court, Bakerganj in Title Appeal No.42 of......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 ......sif, 2nd Court, Perojpur in Title Suit No.199 of 1983. 2. The plaintiffs-petitioners instituted Title Suit No.199 of 1983 in the Court of Munsif, Perojour against the defendants-opposite parties for declaration of their title to the suit land and for confirmation of possession therein. The plai..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....e (M. Idris, J.) in S.A. No.105 of 1962 on 23.8.1965 setting aside the judgment and decree passed by Mr. Kaiser Ali, Subordinate Judge, 1st Additional Court, Chittagong in Title Appeal No.262 of 1961 dated 26.12.1961 and those passed by Mr. Md. Abdul Mhad, Munsif, 1st Court, Sadar, Chittagong in Tit......vious sanction of the Commissioner. (2) Where such transfer is made under an express power conferred by the wakf deed the previous sanction of the Commissioner shall not be necessary, but a notice of the proposed transfer in such form and containing such particulars as may be prescrib......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 respondents is that late Ahsan Ali Chowdhury created a wakf in respect of the sui..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
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