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Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....mits that in the peculiar facts and circumstances of the case the learned Munsif ought to have taken into consideration that had there been no dismissal for default, the petitioners were still within time in filing an application for substitution of the heirs and successors of the deceased plai......shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....nducted the defendant No.13 and Hashem ALI into the possession of the suit land. The defendants in the month of Falgoon, 1381 B.S. claimed title to the suit land and the plaintiffs for the first time, came to know about the erroneous S.A. khatian. As the plaintiffs title to the suit land has be......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 ..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....uit land will go on the violation of sub-section (1) of section 75-A of the Act. i.e. whether title to the suit land would remain with leaser or it would vest with the Government. 7. At the time of the impugned lease on the basis of kabuliyat, dated 25.1.55, Ext. 2, the sub-sections (1) an......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 ..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....t. I find from the records of the case that the petitioner initially filed Miscellaneous Appeal No. 163 of 1983 on 22-5-83 against the order of the Administrator of Waqfs dated 31-3-83. He was within time in preferring the appeal under Section 32(2) of the Waqfs ordinance. But for reasons ......der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130 ..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
.... under Order 23, rule 1 of Code of Civil Procedure, under Order 23, rule 20 Code of Civil Procedure the previous suit is to be treated as no suit. The plaintiffs could not get benefit of exclusion of time under section 14 of the Limitation Act. This being the position the defendant No.1 was in adver......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. ..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)
....Ordinance No. XXIV of 1982-illegally applied the provisions of section 339-C inserted in the Code of Criminal Procedure by the same Ordinance. He has submitted that provisions regarding the time within which the trial is to be completed as contained in section 339-C would be applicabl......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. ..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....5 dacoits broke open the door, killed Buzruz Mia member by gun shot. The dacoit injured Buzruz Mia's wife mother and children by gun shots and took away his belongings. The informant did not have time to ascertain from the local people whether the dacoits were recognised. 3. On the basis of......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. ..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....n the struggle for national liberation was going on in the country and the plaintiff during that abnormal period had to remain in hiding to save his life from the Pakistan Occupation Army. In the meantime the liberation struggle ended and on 17.12.71 Bangladesh as a new nation came into being. By op...... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114 ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....application for temporary injunction was moved, i.e. on 14.9.83 the respondents were asked to show cause by this Court why the temporary injunction as prayed for shall be granted and at the same time the respondent Nos.2—9 and 11 were restrained from participating and voting in the annual......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 ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
.... and that the consideration of the document was paid by Abul Meah, He, further submits that it was an admitted case of both the parties that the original kabala dated 21.3.50 was burnt in a fire some time before the suit and non production of the same by the plaintiff could not be a ground for disbe......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 ..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
.... the case land stating that they had themselves purhased the same. On 1st Ashar 1388 B.S. corresponding to 16.06.1981 A.D. the pre-emptor Respondents 1-3 came to know from P.W.2 Ula Mia for the first time that the pre-emptee appellants bad purchased the case land. Pre-emptor respondent No.1 Moh......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. ..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....ble cause, it becomes necessary or advisable to postpone the commencement of, or adjourn any inquiry or trial, the Court may, if it thinks fit, by order in writing, stating the reasons therefor, from time to time, postpone or adjourn the same on such term as it thinks fit, for such time as it consid......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. ..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....thing to do with the same Ext. 7 will not prove the transaction between Nabu Bepari and Hem Nalini Guha but it will simply indicate that Nabu Bepari was dealing with the suit property at the relevant time. The appellate Court below should have seen whether Ext. 7 was challenged and whether It was ad......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 ..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
....registered as Sessions Case No.508 of 1982. Thereafter the learned Sessions Judge fixed 20-12-82 for further order. It is alleged in the petition that thereafter the case was adjourned from time to time, and ultimately was fixed for hearing on 18-4-83 by the Additional Sessions Judge ...... 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. ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....e work-charge employees. In the absence of any statutory provision the service of work-charge employees are regulated by circulars issued by the Basic Democracies and Local Government Department from time to time. The learned Munsif found that necessary formalities have been observed in passing the ......ingh preferred this Second Appeal. 4. The gist of the case of the plantiff is that he was appointed an Accountant of Works Programme, District Council, later District Board, Mymensingh' on a scale of Tk.200-10-270-15-330/- on a temporary basis. He joined his post on 12.8.68 He was suddenly ..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
....ability as the Court in fact had no jurisdiction to entertain the said application for the simple reason that Nasu Khan was never a resident of Khulna and never also had resided at Khulna at the time of his death and that residence alone would confer jurisdiction upon a Court for acting under S...... 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. ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....lt of the 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......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 ..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
.... Martial Law Complaint Cell. Evidently, he wanted to make a short-circuit of the process of law in obtaining possession or dispossessing the second patty of the land through the opportunities of time and occasion throwing to the winds his allegiance to the common law which is deplorable. T......e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....an submitted that the owner of the vessel defendant No.1 represented by his lawyer Mr. Rafique-ul-Huq has contacted him for a possible compromise of the suit. He, therefore, prayed for one week's time. The prayer was allowed. So on 1.8.83 also the suit was not admitted and no notice was served o......er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....y for ends of justice and without causing any prejudice to any party. A rule of equity as opposed to a rule of law shall be applied on the convenience of the parties concerned and may be relaxed from time to time for ends of justice in the interest of the parties concerned without causing prejudice ......e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2