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Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....al is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ...... 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 ......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)
....h;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. ......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 ......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)
....otiur Rahman......................................Petitioner Vs. May Industries Ltd.................................Respondent Judgment April 26, 1984. Result: The application is dismissed. Cases Referred to- Re Fildes Bross. Ltd., (1970) 1 All E.R. 923; Re: Y......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. ...... 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)
....d ors.........................Opposite-party Judgment April 12, 1984. Result: The Rule is discharged. Cases Referred to- Short Vs. Henderson Ltd.; Gould Vs. Minister of National Insurance, All England Report 1941 (Vol.1); Bangladesh Small Industries Corporation. Vs. Mah......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. ...... 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)
....Result: The Rule is discharged. Lawyers Involved: M. A. Aziz—For the Petitioner. M. S. M. Nasirul Islam—For the Opposite Parties. No.1 M. A. Wahab—For the State. Criminal Revision No. 7 of 1948. Judgment Abdul Matin Khan Chowdhury J.- This Ru......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. ......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)
..... Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ...... 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 ...... 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)
....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. ......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. ...... 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)
....so Reported in: 36 DLR (1984) (HCD) 221 ......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 ......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...... 1981 on 19.12.82 reversing those passed by the 4th Court of Munsif, Patiya in other Suit No.37 of 1979 on 23.3.81.The opposite party No.1 Asma Khatun instituted the suit for declaration of title and recovery of possession. Opposite party No.2 and petitioner are sons of Asma Khatun who has two other......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)
.... Ahmed for Muzammel Hug—For the appellant. M.A. Zalil for Rcfiqur Rahman-For the Respondent. 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 ......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...... satisfaction of his claim amounting to Taka 14,108.22 paisa as market price of the Car and interest by way of compensation at the rate of 10/- per annum from the date of institution of the suit till recovery. 2. The plaintiff alleged in the plaint that he was deputed to England by the then Eas......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
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....ct him with force. If he cannot be evicted with force he continues to be in possession and he can resist invasion of his possession by everyone including the rightful owner. If the rightful owner threatened his possession he can pray for an equitable relief of in junction to protect his possession, ......669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ...... his possession he can pray for an equitable relief of in junction to protect his possession, and the remedy of the rightful owner lies in bringing appropriate suit for establishing his right and for recovery of possession…............(8) Cases Referred To- Sadek Ali Vs. Suruj Ali &......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)
.... Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ...... 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. ......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)
...., Mokbul Ahmed—For the Petitioner. Formanullah Khan—For the Opposite parties. Civil Revision No.18 (Ctg) of 1983. Judgment Md. Altaf Hossain J. - This revisional application under section 115(1) of the Code of Civil Procedure arises out of the following facts:— ...... 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. ...... 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)
....4) (HCD) 153 ......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 ...... 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)
..... Fazlul Karim —For the petitioners. S.C. Das—For the opposite parties 1 & 2. Civil Revision No. 948 of 1982. Judgment Mohammed Habibur Rahman J. — This Rule at the instance of the 3 petitioners (who are pre-emptors in Misc. Case Nos. 82, 83 and 84 of 1982 u...... 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 ......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)
....o costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253 ......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 ......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
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....s. 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.......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 ......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)
....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 rev......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 ......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)
.... This Case is also Reported in: 36 DLR (1984) (HCD) 163 ......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 ......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)
....tion) Present: Mustafa Kamal J Golam Ataher Chowdhury………………………………..Petitioner Vs. Administrator of Wakfs & others...................Opposite parties Judgment January 24, 1984. ......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 ......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
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