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Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....d accordingly they were convicted and sentenced. 4. Mr. Abdul Momin Talukder, the learned Advocate for the appellants submitted that in view of the inordinate delay in lodging the F.I.R. without proper explanation, non-production of any eye witness or local witnesses, discrepant evidence of the...... Judgment Aug 29, 1984. Result: The appeal allowed in part Lawyers Involved: Abdul Momin Talukder—For the appellants. Sultan Ahmed, D. A.G. with Malik Syed Ahmed and Md. Mokhtar Hossain—For the State. Criminal Appeal No. 44 of 1983 Judgment ......;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
.... A company which has been incorporated as a limited company under the provisions of the Company Act in the territory now comprising Bangladesh, it can be declared and treated as abandoned property. Moreover, the Directors of Gannysons Limited have always been in Bangladesh, and even tho......amp; another................Appellants Vs. Sonali Bank & others .............................Respondents Judgment August 20, 1984. The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (President’s Order No. 16 of 19......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
....r. 18/17 are very wide. Thus, if the Court while considering the judgment finds that there is any ambiguity on the face of the record or an omission which wants clearing up, the Court can in a proper case, recall a witness, who had given evidence, for that purpose. But the power under the ru......ed. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XVIII, rule 17. Discretionary power under Order XVIII, rule 17 to recall a witness must be exercised judicially and not arbitrarily. Discretionary power under Order XIIX rule 17 of the Code of Civil Pro...... confusion and uncertainty. The procedural law is designed to facilitate justice further its end. Discretion is to be exercised according to law. It is not to be arbitrary, vague and fanciful but legal and regular (Sharpe Vs. Natefield 1891 A.C. 173 (179). In view of the above there is no hesi..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... who are related to the plaintiffs and those D.Ws also deposed in several other cases in favour of the defendants. The suggestion was also put to them that they jointly made the collusion to grab the property. The appellate Court for his own satisfaction compared the signatures of plaintiff No.......ab………………Respondent Judgment August 13, 1984. Result: The appeal is dismissed. Case Referred To- Rambharosa Vs. Smt. Bifida Devi and another reported in A.I.R. 1956 Patna page 203 Lawyers Involved: Abdul Manan with Momt......tiffs instituted Other Suit No. 109 of 1965 in the 1st Court of Munsif, Sadar, Chittagong for declaration that bainanama dated 15.1.63 and kabala dated 8.3.65 executed by the plaintiffs are forged, illegal and not valid. The plaintiffs alleged that certain officers from the Registration office came ..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
.... and made by the Assistant Surgeon of Sylhet Jail, counter-signed by the Civil Surgeon, Sylhet, that the opposite party Abdus Samad was suspected to be a patient of leprosy and was advised to receive proper medical treatment from outside the jail. The petitioner submitted an affidavit disputing......ood, Additional Sessions Judge, 3rd Court, Sylhet to any other Court of competent jurisdiction for trial. 2. It transpires from the petition that in a riot over the possession of a plot of land one Mortoba Azad, nephew of the informant, being seriously injured died and the F.I.R. was ......the part of Section 526B. In view of Sub-Section (8) of Section 526 an application under Section 526B can be made "at any stage" before the defence closes its case. Thus, we do not find any legal force in the submission of the learned Advocate that since the charges have already been ..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....hellip;............(10) Consequential relief relating to the possession does not arise It is a settled principle of law that if any plaintiff seeks any declaration of any right to property and he has no possession therein he is bound to seek consequential relief by way of recover......s also Reported in: 37 DLR (HCD) (1985) 49. ......a declaration that defendant No.1 is not the adopted son of plaintiff's father but this, in the facts and circumstances narrated the plaint tantamount to a declaration of plaintiff's own legal character as a legal heirs of her father. So merely because a negative declaration h..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
.... Niaz Muhamud, the learned Advocate for the appellant has taken me through the judgments of the Courts below. The learned Advocate submits that the judgment of the lower appellate Court is not a proper judgment of reversal in as much as he has reversed the finding of the learned Munsif without ......rahim Khalil @ Ibrahim Khalil..................Respondent Judgment July 24, 1984. Result: The Appeal is allowed. Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and ors,. A.I.R 1960 S.C. 115; Sarju Perhad Vs. Jwaleshawar; Pratap Narain Singh, A.I.R. 1951 (SC) 1......he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
.... possession in schedules Ga lands on the basis of power of Attorney and since the defendants 12 to 17 claimed right and possession in schedule Gha lands by claiming the same to be their paternal property so there was a complicated question of title and in such a position when the plaintiffs did...... Appellants. Md. Anser Ali—For the Respondent. Second Appeal No. 79 of 1979. Judgment Amin-Ur-Rahman Khan J. - This appeal by the plaintiffs is directed against the judgment and decree passed by the Additional District Judge, Pabna in O.C. Appeal No.63 of 1977 reversing the...... be interfered with by the defendants they are well entitled to sue for mere injunction. Where however it is found that the possession of the land is with the defendants or that the plaintiffs had no legal possession in that case of course a suit for mere permanent injunction can be maintained. In t..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....#39;s Bazar for specific performance of Contract of sale, delivery of possession after execution and registration sale deed, confirmation of possession and permanent injunction in respect of the suit property described in the schedule of the plaint of the suit and in the alternative the plaintiffs a......ed & others. ...................Opposite parties Judgment July 10, 1984. Result: The rule is made absolute. Case Referred to- Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR page 239A. Lawyers Involved: S C. Das—For the petition...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
.... and that the witnesses for the plaintiff and the defendants consistently proved that both the plaintiff and the defendants' vendor Jogobandhu used to live in the dwelling house and that the suit properties being undivided joint properties of both the plaintiffs and Jogobandhu the vendor of the ......uya Vs. Jabbar Huq (1959), 11 DLR 355; Habibulla Vs. Movi. Salek (1968), 20 DLR 489. Lawyers Involved: Md. Anser Ali with Abdul Majid-For the petitioners. B.N. Chowdhury with P.K. Base and Mansur Habib-For the Opposite Parties. Civil Revision Case No. 1750 of 1981. Judgment ......fter her marriage elsewhere and that the suit was not brought by the defendants namely the stranger purchaser and therefore the plaintiffs' claim under section 4of partition Act could not be legally maintained. The third point of objection was that the learned Munsif did not himself assesse..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....No. 1 submitted that defendant No. 1 had advanced U.S. dollar 4, 81, 287.72 on account of various ships handled by the plaintiff as their agent from time to time and that the plaintiff did not render proper account of such amount. On this ground defendant No.1 was compelled to terminate the agency. ......hether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civil Procedure (V of 1908) Or. 38 rs. 5 and 6. Cases Referred To- Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipp...... the foreign ship in question came to the Chittagong Port on her usual voyage and does not ordinarily remain within the jurisdiction of the Courts of Bangladesh, the impugned order of attachment is illegal and should be set aside. It is not necessary to refer to the decision in the case of Messrs Un..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....iew of the matter he submits that the learned District Judge was right in rejecting the prayer of the defendant petitioner. 6. The learned Advocates for both the parties submit that the suit was properly filed at Satkania, for the plaintiff and the defendant all are residents within the jurisdi......e 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 a bal......bsp;14 of the Arbitration Act for a decree interims of the award. 2. The defendant petitioner filed written statement in this suit challenging all the facts and calling in question award on legal grounds. 3. The Arbitrators have given their award interims of their reference in this su..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ......in: 36 DLR (1984) (HCD) 232 ......reafter they instituted other suit No.39 of 1969 for a declaration that the order of settlement in respect of 6.60 acres of land in suit In favour of the respondents Nos. 4-7 was void and illegal. The respondents contested the suit. The Trial Court dismissed the suit and the judgment of th..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... said Managing Director has not been called any meeting of the Board of Directors since 1978. The petitioner was never called upon to function as a director. The accounts of the Company have not been properly kept and audited for presentation to the shareholders at any Annual General Meeting an......tion is dismissed. Cases Referred to- Re Fildes Bross. Ltd., (1970) 1 All E.R. 923; Re: Yenidje Tobacco Co. Ltd., (1916) 2 Ch. 426; Loch Vs. John Blackwood Ltd., 1924 AcC. 783; In Re: Davis and Colett Ltd., (1935) 1 Ch. 693; Ladli Prasad Jaiswal Vs. The Karnal Distillery Co. Ltd., 17 DLR (...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....ese meetings were illegal, ultra vires of the committee and it had militated against the principle of natural justice. It was also alleged that the meeting was neither legally convened, not properly notified nor conducted in the manner as provided in the Recognised non-Government Secondary......n (Jessore Bench) (Civil Revisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Sarder Ahmed Ali................................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: ......aintiff 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 School in removing him is illegal, ultra vires and that the plaintiff is still in service. The plaintiff's case is that he i..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....r's report as to possession. He has further argued that the learned Court below was also wrong in holding that in matters like this when the allegation was a mistaken entry and description of the property written in a registered document can only be rectified under Section 31 of the Sp...... Appellant. 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 th......re as the terms of the document cannot be varied, contradicted or added by extrinsic oral evidence unless the evidence is lead to show the invalidity of the document, caused by fraud, intimidation, illegality, want of due execution, want of capacity of any contracting party, failure of consideration..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
....d to pay Tk. 10,00,000/- in all. 3. On the failure of the appellant to make any payment of the loan in spite of repeated demands the respondent filed the aforesaid application for attachment of properties mentioned in schedules A and B there under for realization of the respondent's dues in ac......ettlement. The entire object of the writer is that the writer expresses in writing that the suit may be settled on the proposed terms. If they are acceptable, the parties will be bound by these terms and the dispute comes to an end. If the proposed terms become infructuous, they cannot be used in fu......dice" is not without controversy. It is, therefore, necessary to see to what extent "Ext. 7(d) can be allowed to be used against the appellant. Can it be used for any collateral purposes? The legal position of a letter written by the appellant with the words "without prejudice" is to be un..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
.... defendant 1(b) Shyamapada are the Secretary and Joint Secretary of the said Committee respectively. The Chatteswari Temple Development Committee was formed in 1972. The Shebayets propose to sell the property of the schedule for the improvement of the temple which was damaged by the Pakistan Army du......rt Division (Civil Revisional Jurisdiction) Present: Md. H Rahman J S. Mohammad Ali J Chatteswari Debi Bigraha................................Appellant Vs. Shirih Chandra Das & others..........................Respondent Judgment April 1, 1984. R......ebaits are not willing to do so. 4. Appellant Defendant 1(d) Shantipada filed written statement to effect that Sree Sree Chatteswari (kali) Devi is a private family deity. The deity has not been legally and properly represented as the last Shebayet late Prankrishna's widow Sreemati Annapurn..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....summons. 10. In the case of Munshi Tamizuddin Howlader and others versus Altafuddin Moral and others reported in 20 DLR page 901 it has been held by a Single Bench of this Court that there is no proper service if the Court fails to examine the peon and to satisfy itself as the service under Ord......egally amounts to non-service of summons. Where a summons is returned under rule 17, the Court shall, if the return under that rule has not been verified by the affidavit of the serving officer, and may if it has been so verified, examine the serving officer on oath, or cause him to be so exami......llip;……Respondent Judgment March 21, 1984. Result: The appeal is allowed. Non-compliance of the positive requirements of law in the matter of service of summons legally amounts to non-service of summons. Where a summons is returned under rule 17, the Court..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
.... the Trustee of the Port of Chittagong in their witness statements contended that the suit is not maintainable, that the alleged notice under Section 109 of the Chittagong Port Act is not a proper and valid notice, the suit is barred by limitation and that there is no cause of action again......mp; others..............................Respondent Judgment March 14, 1984. Result: The appeal is dismissed. Cases Referred To- Chittagong Port Authority Vs. Md. Ishaque and others, 35 DLR (AD) 364; Central Bank of India Ltd. Vs. M/S-Jan Md. Hazi Ismail 17 D.L.R. 582; C......l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
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