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Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ......rayed for a declaration that the bainanama and sale deed are forged and fraudulent documents inasmuch as those were not executed by them and in fact it means the documents do not stand at all In that view of the matter the plaintiffs suit is for declaration to the effect that the bainanama and the s..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
.... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ......ial of the Sessions case without waiting for the records of the said complaint case. 6. Before considering those contentions of the learned Advocate of the petitioner we like to consider that in view of the provision of Section 5263 of the Code of Criminal Procedure whether the present applicat..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......gage rights to the whole sixteen annas of a property and asks it in the form of declaration that the defendant has no right, or title in the said property, the relief prayed for is not outside the purview of section 42." In the case of Chinneasami Mudaliar Vs. Ambalavana Muldaliar reported..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....District Judge did not at all consider this issue and did not at all look into the evidence to give any finding on the factual merit of the case but dismissed the suit id a preliminary way on an erroneous view of law that a suit for injunction can not be c maintained only because questions of t......udge did not at all consider this issue and did not at all look into the evidence to give any finding on the factual merit of the case but dismissed the suit id a preliminary way on an erroneous view of law that a suit for injunction can not be c maintained only because questions of title K are..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....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. ...... to identify the properties which are the subject matter of offence or to identify the persons said to have been involved in the commission of the offence. Evidence of identification with this and in view outside the Court is relevant under section 9 of the Evidence Act but this is not substantive e..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
..... 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 ......ht by the plaintiff herself so section 4 was not applicable. Mr. Anser Ali's contention is apparently consistent with the wordings of the section. But this contention no longer holds in view of several decisions which have been cited by Mr. B.N. Chowdbury in the ease of Md. Magdu Bhviy..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....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. ......ection 151 of the Code of Civil Procedure……. Contentions by the appellants counsel against the order of attachment of the Trawler in question has been noted above, but in view of the withdrawal of the Order of attachment and release the Trawler is no more within the juri..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....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 ...... in such property. A contract for re-conveyance of immovable property is a contract for sale of the property and it is evident that it does not of itself create any interest in such property. In this view of the matter it seems clear to me that the rule against perpetuity is not attracted in the cas..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....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 ......ior and competent lawyers at Patia which is near to Satkania and therefore the said is no ground for transfer of a case as contemplated under Section 24 of the Civil Procedure Code. In that view of the matter he submits that the learned District Judge was right in rejecting the prayer of t..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ......early provides that no Civil Court shall entertain any application or suit concerning any matter relating to the settlement by any officer of the Government of any land under sub-section (1). In view of the bar imposed by sub-section (2), any settlement made under sub-section (1) could not..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. ......The admission of Matter No.34/82 was however advertised in the newspapers and in the Bangladesh Gazette and it was open to the petitioner to oppose this application or to put forward his own point of view in the matter. He failed to appear in the matter. But while condoning the delay in holding the ..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... 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. ...... defendant No.1 namely Sardar Ahmed Ali Mondal of the said Managing Committee of the School along with other members of the said Managing Committee made a design to remove the plaintiff and with that view defendant No.1 and other members of the said Managing Committee convened a meeting of the said ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
....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. ......upheld. From the orders of the learned Sessions Judge it appears that he has considered the recommendation made by Public prosecutor for the extension of time and thereafter he extended time. In this view of the matter we do not find any substance in this contention of the learned Advocate for the p..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....ted the plaintiff to sleep all these years only to file the instant suit in the year 1969 to correct a mistake crept in a document, registered in 1945. It is plaintiff's allegation that after the erroneous recording he was to the Court for a declaration of title by filing a suit in the year 1969......ceptions of persons against whom a document would not be specifically enforced particularly against a bona fide purchase for value without notice of the mistake. That is however also the common sense view of the matter because a bona fide purchaser for value in good faith would be acting to his detr..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)
.... 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. ......ot proved to have been prepared by the PICIC and also being unsigned and uncertified were not admissible. Exhibit 10 series are letters of respondent No. 1 to the appellant but could not be proved in view of the provisions of section 21 of the Evidence Act. 9. It appears that the appellants we..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....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 ......learned trials Court should have found that the notice under section 109 of the Chittagong Port Act is not proper notice and that the suit is barred by limitation. No further argues that is view of section 50D Sub-section 2, the claim of the plaintiff is not maintainable, that th..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....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. ......e learned Sessions Judge was perfectly justified in setting aside the order passed by the Magistrate and directing the Magistrate to proceed further with the case in accordance with law. In this view of the matter I do not find any substance in any of the contentions of the learned Advocate for..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
.... 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. ...... a decree for specific performance of contract against the opposite parties defendants. The plaintiff paid ad valorem Court fee in the suit. The Courts below dismissed the suit. They were of the view that the transaction evidenced by the kabala dated 20.05.1970 coupled with the contemporaneous ..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
....fore, no substance in this argument. 7. Mr. A. K. M. Shafiqur Rahman, the learned Advocate for the decree-holder appellant next argued that judgment debtor No.5 (widow of the mortgagor) has been erroneously found to be an enemy, subject on a wrong finding that she has been residing in India sin......te Umesh Chandra Chowdhury (mortgagor) was residing in India from before the date of institution of the said Mortgage Suit No.43 of 1964 and has been continuing to reside in India. On this finding in view of the provisions of Article 8 of the East Pakistan Enemy Property (Lands and Buildings) A..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)
....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 ......terested in the result of the suit and that for the ends of justice in order to avoid multiplicity of judicial proceedings, the pre-emptor petitioners should be added as defendants in the suit with a view to give an opportunity to them to contest the suit. The learned Subordinate Judge after hearing..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
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