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Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
....Sabitri Rani Dey.....................................Petitioner Vs. The State..........................................Respondent Judgment October 29, 1984. Result: The Rule is discharged. Lawyers Involved: S. C. Das—For the Petitioner. Kazi Shafi......accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97. ..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....h was made a party did not take any steps. However, on the prayer of the appellant Company the proceeding in the execution case was stayed till October 20, 1981. In Writ Petition No. 720 of 1981 a Rule was issued at the instance of the appellant company on October 20, 1981. But it abated on 24......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date.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)
.... thinks fit". This discretionary power is to be used for ends of justice arid a litigant cannot claim exercise of such discretionary power when the rules of evidence do not permit such course. Thus Rule itself says that this power may be exercised subject to the law of evidence for the time bein...... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32...Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....J Bipin Chandra Ray...................................Petitioner Vs. Bunchuki Barmani.............................Opposite-Party Judgment July 31, 1984. Result: The Rule is discharged. Negative declaration A negative declaration sought by the prayer for a......ter namely the plaintiff inherited the said lands of her father Sree Kanta in life interest. Plaintiff has her only son namely pro-defendant No. 2 who is due to inherit the land of Sree Kanta in absolute right upon death of plaintiff. The plaintiff's mother Khata Barmani having no male memb..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....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. ......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
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....ntract of sale and the petitioner is not a necessary party in a case like this. Being dissatisfied with and aggrieved from the said order of the learned Subordinate Judge the petitioner obtained this Rule. 6. During the hearing of the rule Mr. S.C. Das, the learned Advocate appearing for the pe...... Abdul Hashem.............................Petitioner Vs. Saleh Ahmed & 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..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....ul 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 Amin Ur Rahmnn Khan J. - This Rule at the instance of the defendant-petitioners is directed against the judgment and decree passed......ip;………..Defdt-Petitioner Vs. Jugal Kishori Sarkar & others.............Plaintiff-Opposite Party Judgment June 20, 1984. Result: The rule is made absolute. Cases Referred to- Khirode Ch. Goshal Vs. Saroda 21 CLJ 525; Bota Krishna Vs. Ak..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....tachariya—For the defendant-appellant. Moudud Ahmed with A.K.M. Shamsul Huda and Sharifuddin Chaklader—For the opposite-party. Fast Miscellaneous Appeal No. 2 of 1984 with Civil Rule No. 33 (F.M.) of 1984. Judgment Fazle Hussain Muhammad Habibur Rahman J.- This appea...... to state that in the said decision the Division Bench of the Calcutta High Court was not concerned with a conditional order passed under Order 38 Rule 5(3) C.P.C. but was concerned with an absolute order of attachment though in consequence of a default to furnish security which is an evid..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....earned Advocate also submits that the contract is bad for uncertainty. Section 14 of the Transfer of Property Act 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......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)
.... Abdul Jaher.......................................Petitioner Vs. Abdul Kader & others...........................Opposite parties Jugdment May 30, 1984. Result: The Rule is discharged. Civil Procedure Code, 1908; Section 24 Transfer of suit when should be......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
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
.... fide and as such their judgments suffer from illegality. The mala fide canvassed by the learned Advocate is that the settlement was made without making the necessary inquiry as required by Rule 54 of the Government Estate Manual read with section 77 of the State Acquisition and Tenancy Ac......and Tenancy Act reads as follows: — "76 (1) Except as otherwise expressly provided in this Act, any land which vests in the Government under any of the provisions of this Act shall be absolutely at the disposal of the Government; and the Government shall be competent to make set..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ....... With regard to amassing all powers in the hands of Managing Director I find that under Article 39 of the Articles of Association the Managing Director Arif Yunus has been vested with "all absolute Power". It has been held in the case of the Ripon Press and Sugar Mill Co. Ltd., Bella..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....J Sarder Ahmed Ali................................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: The Rule is discharged. Cases Referred to- Short Vs. Henderson Ltd.; Gould Vs. Minister of Nat...... 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)
....ners Vs. Md. Abdul Hoque & another…………………………Opposite-Party Judgment April 11, 1984. Result: The Rule is discharged. Lawyers Involved: M. A. Aziz—For the Petitioner. M. S. M. 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. ..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
.... 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. ...... 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
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....on the plaintiffs. 3. The learned Munsif after considering the evidence found that according to the peon's returns Ext. A(1) and A(2) the summons were shown to have been served under Order 5 Rule 19 of the Code of Civil Procedure was not put in by the serving peon nor the serving ......creed the suit in favour of the plaintiffs. 4. On appeal the learned Additional District Judge held that though the service return did not contain any affidavit of the serving peon that is no an absolute requirement of law and that the so-called irregularity did not result in the suppression of..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
.....................Petitioner Vs. Achima Khatun & others..…………………Opposite parties Judgment March 18, 1984. Result: The Rule is discharged. Cases Referred To- Ayna Dasi Vs. Arena Bala Dashi and others, 12 DLR 6......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)
....fendant No. 1 alone is liable for the loss of the car as a bails the defendant No. 3 & 4 against whom decree was also passed have not filed any appeal or cross objection. But in view of Order 41, Rule 33 C.P.C. this Court as an appellate Court can grant that relief to the respondent al......is no cause of action against this defendant. The defendant No. 1 denied any liability for the alleged loss for the non-delivery of the said consignment. The entire port area and the cargo were under absolute control of the occupation forces and non-local and under the abnormal condition and circums..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
.... allowed without any order as to casts. The judgment and decree passed by the learned Subordinate Judge is set aside and the judgment and decree passed by the Munsif are restored. The connected Civil Rule 669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (19......669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....amp; others....................................Petitioner Vs. The State...................................................Respondent Judgment March 11, 1984. Result: The Rule is discharged. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala and another,......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