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Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....o costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ...... 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......erse possession started with effect from 3.5.1937 and that 12 years of appellant defendant's adverse possession was completed on 3.5.1949. He also held that Other Suit No.60 of 1948/43 of 1950 of recovery of the suit property was filed with in 12 years from 3.5.1937 by plaintiff No.1 and th......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)
....gh Court Division (Criminal Revisional Jurisdiction) Present: Sultan Hossain Khan J Md. Abdul Rouf J Md. Suruj Mia..................................Petitioner Vs. Katu alias Abdul Latif & others.................Opposite parties Judgment January 18, 1......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. ......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)
....Court Division (Criminal Revisioal Jurisdiction) Present: Md. Habibur Rahman J Syed Mohammed Ali J Nazir Ahmed & others.....................Petitioner Vs. The State.....................................Opposite parties Judgment January 3, 1984. Re......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. ......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)
....al No.9 of 1978. Judgment Mohammed Habibur Rahman J. — This appeal is directed against the Judgment and decree passed on 30.11.77 in Other Suit No. 41 of 1974 by Mr. N. Ahmed, Subordinate Judge, First Court, Chittagong in a suit for specific performance of contract in respect of sale......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 ...... 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)
..................Petitioner Vs. Alauddin & Taiwa Textile Mills Ltd.................Respondent Judgment November 24, 1983. Result: The prayer accepted Rectification of the Share Register Cases Referred To- Fry, Chase National Executors and Trustees ......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 ......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)
.... made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ...... 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 ......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)
....p;…Opposite Parties Judgment November 20, 1983. Result: The appeal is dismissed. Evidence Act, 1872 (1 of 1872); Section 21 & 145. Acceptability of previous statement— A party's previous statement regarding a fact in issue is relevant and can ...... 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. ......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)
....itioner. Md. Altafur Rahman—For the Opposite Parties. Criminal Revision Case No. 61 of 1983. Judgment Mustafa Kamal J. - This Rule is directed against an order of acquittal dated 13.1.83 passed by Mr. A. H. Ahmed, Assistant Sessions Judge, Naogaon, in Sessions Case No.348 o......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. ......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)
....als afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......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 ......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)
....s also Reported in: 37 DLR (HCD) (1985) 100. ......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. ...... 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
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....rted in: 37 DLR (HCD) (1985) 38. ......with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ......with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ......with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
.... Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ......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 ......iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ......iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....ng Bench) (Criminal Revisional Jurisdiction) Present: Md. Habibur Rahman J Syed Md. Ali J Abul Hossain & others............................Petitioners Vs. The State.............................................Petitioner Judgment October 25, 1983. ......Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ......der the Special Powers Act, 1974. He, therefore, submits that the Special Tribunal had no powers to try the accused persons in the present case. He also submits that it is well settled that after the recovery of the dead body there can be no charge under section 364 of the Penal Code and that after ......r, concedes that an offence under section 302/109 or 302/149 of the Penal Code simpliciter was never triable under the Special Powers Act, 1974 unless such offence was committed being armed with fire arms or explosive substance and admittedly in the present case there is no allegation that the accus..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... This Case is also Reported in: 37 DLR (HCD) (1985) 117. ......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. ...... 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)
....y. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ......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 ......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)
....te party No. 4. Criminal Revision No. 192 of 1983. (Arising out of Criminal Motion No.158/83 of the Court of Sessions Judge, Conjilla) Judgment A.T.M. Afzal J. — This rule, at the instance of the 1st party-petitioner, arises out of a proceeding under section 145 of the Cod...... 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......uit land which includes the proceeding land. Mr. Rahman submitted that in view of the said suit filed on 9.1.82 admitting that the first party was out of possession of the proceeding land and seeking recovery of possession, there was no scope for a proceeding under section 145 Cr.P.C at the ins......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)
.... This Case is also Reported in: 36 DLR (1984) (HCD) 28. ......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. ......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)
....ly this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ......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 ......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
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....Appellant Vs. Haque Brothers Ltd...............................Respondent Judgment October 3, 1983. Result: Appeal is dismissed Cases Referred to- McCain International Ltd. Vs. Country Fair Foods Ltd. and anr., 1981 RFC 69(CA). Lawyers Involved: Abdu......xactly alike. There is bound to be some difference here and there. But taking the two cartons, not side by side, which is not a proper method of comparison in such cases, but by looking at one at one time and then looking at another, there can be no doubt prima facie that an unwary customer is likel......ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107 ......ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107 ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
.... This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ...... Judgment October 3, 1983. Result: The Rule is made absolute. Limitation Act (IX of 1908); Section 5 & 14. Condonation of delay in filing appeal – Whether time spent by filing a case in the wrong forum due to mistaken advice is to be condoned--That mistak......k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ......k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
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