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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. ......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
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....he simple suit for injunction without seeking a declaration of their title which was disputed by the defendants. 9. It must be said at once that the learned Additional District Judge was under a total misconception of law when he found that without seeking the declaration of title a simple suit......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ......ew of law that a suit for injunction can not be c maintained only because questions of title K are involved. Thus it is found that the learned Additional District Judge erred in law and acted without jurisdiction in dismissing the suit without considering its factual merit. The case has therefore to..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......ng the accused appellant Kala Miah who is a member of the local Union Parishad is innocent. The accused persons were implicated falsely. It is argued on behalf of the appellant as he was tried in his absence, the accused had no opportunity to properly defend himself. It is also stated on behalf of t......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
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. ......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. ......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. ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....ng plaintiff opposite party to purchase under section 4 of the Partition Act the defendant-petitioners' share of the entire homestead land and building appertaining to plot No.492 which totally measures 3.71 lands while dwelling hut covered only 15 lands of the plots But according to s....... 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 ......r the defendant-petitioners raised several points of objection to support the petitioner's contention that the judgment and decree passed by the Courts-below suffers from error of law and lack of jurisdiction. Firstly it was submitted that the Courts below did not properly consider the defe..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. ......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. ......e vessel as described in the schedule below as to satisfy the decree that may be passed against the said defendant. The defendant Nos. I and 2 will remove the said vessel from the local limits of the jurisdiction of this Court and if the defendant succeed in removing the vessel, the decree in the su..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 ......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)
....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 ......ssed in Miscellaneous Case No. 333 of 1979 refusing the prayer of the defendant-petitioner to transfer Other Suit No. 183 of 1977 in the 1st. Court of Munsif, Satkania to any other court of competent jurisdiction at Chittagong under section 24 of the Civil Procedure Code. The plaintif..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 ......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 ......ould not be questioned before the Civil Court. It may be stated here that the competency of the Additional Deputy Commissioner to make the impugned settlement was not questioned as being without jurisdiction. I am unable to accept the view of Mr. A.K.M. Shafiqur Rahman that the failure to make ..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....ers from 81-100. The petitioner can obtain the same on surrender of the invalid share certificates. The paid-up capital of the company has not increased beyond Tk.1, 37,000.00 comprising of total 137 shares of Tk. 1000/- each. So the petitioner's acquisition of further 20 shares is bas...... 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)
....le he seeks to establish or be declared and that must be asked from the defendants immediately in consequence of the declaration for the declaration to be completed as to the dispute in its totality. Therefore, if a plaintiff would be entitled in some remote way, to some other relief in co......o show cause notice was served upon the plaintiff only after he had already been removed from his post. This is a violation of the principles of natural justice which will be read into the law in its absence and then for the Courts below having found that no show cause notice were issued and the pla......d not been considered by any of the Courts below, causing prejudice to the petitioner. He has further urged that the finding of the Courts below that the resolutions were not only illegal and without jurisdiction but also mala fide one is wrong in view of the fact that the course of action followed ..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. ......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. ......ion before this Court and obtained this Rule. 3. Mr. M. A. Aziz the learned Advocate has appeared on behalf of the petitioners. He submits that the learned Sessions Judge Khulna acted beyond his jurisdiction in granting time for investigation. According to him he acted without jurisdiction and ..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... the intention of parties in executing the document. He further submits that there was no question of fraud or mistake in the case as the document clearly recited the plots to be plot Nos. 1290, 1291 total area being 2.46 under khatian No. 65. (and that being so plot No. 1292 covering an area of 2.8...... 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 ......e shall be given in proof of the terms of such document except the document itself and Secondary evidence of the said would only be admissible when the original is lost or it is beyond the control or jurisdiction of the parties or of the Court. When a document is produced in Court for proving the te..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)
....the rate of 8% per annum and liquidated interest at the rate of 1% per annum which was enhanced by supplementary loan agreement dated 11-5-71. After the emergence of Bangladesh the appellant made total payment of Tk. 3,75,000/- on 1-1-77 the outstanding loan was US dollar 1,90,609.05. In their l...... 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)
....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 ......i is a family deity of the plaintiff and others heirs of late Pran Krishna, that the appointment dated 16.10.69 of the defendant's committee for the said deity is illegal, inoperative and without jurisdiction and that the defendants were restrained from interfering with the worship and managemen..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ......idavit of the serving peon it was a mandatory requirement for the Court to examine the serving peon on oath or whether it was a mere irregularity. In other words it is to be considered whether in the absence of verification by affidavit of the serving peon if the serving peon is not examined by Cour......istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....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 ......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 ......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)
....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 ......eceived subject also to the provision of the Railway Act, 1890, be that of a bailee under sections 151, 152 and 161 of the Contract Act, 1872, omitting the words "in the absence of any Special Contract" in section 152 of the last mentioned Act. 30. T......ll be commenced within six months next after accrual of the right to sue and not afterwards. 25. Sub-section (1) of section 109 of the said Act provides for a notice in writing to give jurisdiction to the Court to try the suit and unless that notice is proved the Court shall dismiss t..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....the suit for a permanent injunction to restrain the defendants from entering into the suit land. 2. The plaintiff’s case was that the suit land measuring 8.11 appertains to a holding which totally comprised of 8.34 lands. The plaintiff’s predecessor Baharuddin purchased 4.24 lands b......669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ......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
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