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Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
.... evidence of the D.W.2 Abdul Malek and D.W.4 Abdur Rahman in coming to the conclusion that there was no agreement for sale. He has observed that D.Ws.2 and 4 have stated that they were present at the time of execution of the kabala and at that time no agreement was executed. It, however, appears tha......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
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....d and the prosecution……….. (12) According to157 of the Evidence Act, former statement of a witnesses in corroboration can be proved only if it was made "at or about the time" when the occurrence took place. A statement made long after the occurrence cannot be so u......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. ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....respect of the suit property described in the schedule of the plaint of the suit and in the alternative the plaintiffs also prayed for recovery of possession of the suit property if ousted in the meantime. 3. In the plaint the plaintiffs alleged that the opposite party No.3 (defendant No.1) Sud...... 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)
....accepted In reply to this objection Mr. B.N. Chowdhury submitted that for bringing a suit for partition or for making the claim under section 4 of the partition act law has not enjoined any time limit and as such the plain-tiff has a legal right to avail of the benefit of section 4&nb....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
.... 213; 5 BLD (1985) 49. ......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
.... which embodies the rule against perpetuity reads as follows: “14 Rule against perpetuity.--No transfer of property can operate to create an interest which is to take effect after the life-time of one or more persons living at the date of such transfer and the minority of some person who ......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 ..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....the facts and calling in question award on legal grounds. 3. The Arbitrators have given their award interims of their reference in this suit for passing necessary decree by the Court. In the meantime the defendant petitioner filed an application on 7.8.1979 before the District Judge, Chittagong......are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....up have been hard to resist, whatever be the other grounds of resistance. 9. But the fact is that however belatedly the company managed to hold the annual general meetings for 1977-1982 all at a time on 28.2.83 in pursuance of an order of this Court dated 13.1.83 in Matter No.34 of 1982. The re...... 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)
....anifest as sub-section 3 of section 15 of the Board of Intermediate and Secondary Education, Jessore (recognised non-Government Secondary School) Regulation 1973 provided that "The date and time of each meeting shall be fixed by the Member Secretary in consultation with the Chairman, ...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
....pur Launch Ghat to receive 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 Ser......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. ..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... by erecting Basa Bari plot No. 1292. The further case of the defendant that the aforesaid lease was taken in the benami of hit minor son and that he never leased out to the plaintiff at any point of time plot no. 1292 and there was no talk of leasing out the same at the time of the patta dated 28.2...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ..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)
....canvassed by the appellant's Counsel is with regard to the admissibility of the statement of accounts, Exts. 8, letter sanctioning the loan, 9 (a) and statement of accounts sent to the appellant from time to time by respondent No. 1, 10 series. The main ground on which these documents were assailed ...... 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. ..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....s evidence the plaintiff has stated that the resolution dated 16.7.77 it was decided that the suit land be sold at the rate of Tk. 39,000/- per ganda). The plaintiff approached the defendants several times to tender the balance amount of Taka 47,000/- as per agreement dated 16.7.77, but the defendan......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 ..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....f the case, I would, however, also hold the defendant-petitioner was also required to prove that the plaintiff purdanashin illiterate lady had independent advice. In the instant case, at the relevant time the plaintiff was living jointly with the defendant No. 2 petitioner and the defendant No. 1 re......for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....tter dated 19-3-71 informed the plaintiff that due to abnormal situation and other difficulties the car of the plaintiff was not cleared till then. On further enquiry the defendant No.3 for the first time by their letter dated 25-5-71 informed the plaintiff that due to the alleged continuous disturb......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
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
.... the case to be filed. Thereafter the complainant filed another petition for revival of the petition for Judicial enquiry and the same was revived and three witnesses were examined on 1.7.74 and time was allowed for examination of further witnesses but on 4.11.74 the complainant filed a petitio......ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
.... registered deed of agreement was executed by the parties whereunder the opposite party Nos.1 and 2 agreed to re-convey the property to the petitioner on receipt back of the consideration at any time within a period of 10 years on any date of Chitra and execute and register a kabala. The petiti...... 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. ..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
....roda Bala Mohrar being widow of late Umesh Chandra Chowdhury. In the decree itself addresses of judgment debtors Nos.1 to 4 (son of late Umesh Chandra Chowdhury) have been shown to be in India at the time of institution of the suit in 1964. At the time of filing Execution Case Nos.4 of 1967 the addr...... 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 ..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
.... that the pre-emptor petitioners Sreemati Joga Maya Debi, Sreemati Lilabati Debi and Sree Sunil Baran Deb should be added as defendants in the said suit i.e. Other Suit No. 37 of 1982. 6. At the time when the present Rule was issued all further proceedings in Other Suit No. 37 of 1982 was staye......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....adjusted and settled in a satisfactory way by the lower Court.” 5. I am also referred to Ma Dwe Vs. Ma Tin Lun reported in A.I.R. 1920 Lower Burma 31 where it has been held that the proper time for an aggrieved party to object the findings of the Commissioner is clearly when the parties a......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 ..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2