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Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....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 ......ders which ought to have been shown to the party concerned or his Advocate. It appears that the appellant did not get any opportunity to file a written objection to the report of the Commissioner. In view of this finding of mine the case cited on behalf of the respondent will be of no avail to him. ..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....intiff. He submits that the learned Munsif should have treated the petitioners application under Order 9, Rule 4 C.P.C. as basically an application for substitution and should have corrected the erroneous order dated 16 4.76 passed in ignorance of the date of death of the sole plaintiff. M...... controverted, he ought to have realised that the earlier order of dismissal for default was wholly without jurisdiction. He should have retraced his steps under 151 C.P.C. I find support for my views-in a decision of the Privy Council. In the case of Raja Debt Baksh Singh Vs. Habib Shah XVIII ..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....ule property and have been possessing the same. 4. During the S.A operation the land was wrongly recorded in the name of the defendant No.1 Government of Bangladesh as khas land. On the basis of erroneous record of rights, the defendant No.13 and Hashem Ali, the predecessor of defendant Nos.14-...... The finding of the appellate Court is based on cogent reasons and I do no find any illegality in the judgment. 13. The last point argued by the learned Advocate for the petitioner was that in view of the fact that the trial court "presumed that the plaintiffs did not possess the land si..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....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. ......decision in the case of Hemanta Kumari Basu, A.I.R. 1946 Cal. 493 (=50 C.W.N. 629) than on the decision in the case of Ramlal and others Vs. Khusiram and others, AIR 1949 East Punjab 233. He took the view that since alteration by the previous Mutawallis on the basis of kabala Ext. A in favour of def..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)
....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. ......ich was pending in any Court immediately before the commencement of the said Ordinance, shall be disposed of within a period of 360 days (as per subsequent amendment by Ordinance LX of 1982). In view of the language of the transitory provision there is no difficulty to hold that the provis..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....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. ...... the struggle for National Liberation or for maintenance or restoration of order. 10. The learned Sessions Judge had no reason to accept such application for withdrawal under P.O. No. 1673. This view finds support in the Case of Syed Matiur Rahman Vs. The State reported in 35 DLR (AD) 329. ..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
.... 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 ......o the shoes of the Imperial Chemical Industries (Pakistan) Ltd. in respect of business undertakings, assets, liabilities etc. in Bangladesh on the basis of President's, Order No. 16 of 1972. This view finds support in the decision in the case of Buxly Paints (Bangladesh) Ltd. versus-Bangladesh, ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
.... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83. ......Court under section 151 of the Civil Procedure Code. It is not available any where from the facts and circumstances of the present case that it warrants any such temporary injunction. 7. In that view it would clearly and unmistakably appears that the temporary injunction granted by the Munsif o..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....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 ......ithout being specific as to their ground of attack. As such it is only upon the affidavit-in-opposition filed by the respondents that the petitioners' primary attack has been directed and when in view of the said attack further documents were filed by the respondents, the petitioners started ope..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....ced on the defendants' side and has failed to consider as to who possessed the suit lands after the purchase showing subsequent conduct of the parties and as such their finding of benami has been erroneous. The learned Advocate further submits that the Courts below have erred in law in relying u......ce on all the tests indicated above may not be available. 11. As regards the position of the parties and the relationship, it appears that Abul Meah and Mouna Khatun were husband and wife and in view of such a relationship between the patties there was no improbability in the story that Abul Me..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....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. ......#39;s previous admission can be used against him without drawing his attention to it in accordance with the provision of section 145 of the Evidence Act when the party is in the witness box. Contrary views on this point were expressed for example in Malek Desraj Vs. Piara Lal, AIR 1946 Lahore 65 (FB..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)
.... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54. ......Dhakeswari Cotton Mills Ltd. In various Courts for certain reliefs. After the winding up order was passed by the Government, the various plaintiffs fund difficulties in proceeding with their suits in view of the provisions of section 171 of the Companies Act which are as follows: &ldq..Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
.... 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. ......submitted before the promulgation of the Ordinance. The same is the case here. The Ordinance was promulgated on 21-8-82 and in the instant case the charge-sheet was submitted on 13.5.82. In this view of the matter the transitory provisions of the Ordinance No.XXIV of 1982 would be applicable in..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....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. ......ered to try cases which falls under Special Powers Act in that case the Sessions Judge cannot try the case. It is upto the Court to decide which of the offence he has got jurisdiction to try. In this view of the matter we find no reason to interfere with the case at this stage. 6. In the result..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....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 ...... the evidence of 2 attending physicians as unsatisfactory. The plaintiff could examine himself in the Mymensingh Medical College Hospital and Holy Cross Hospital, but he did not do so. But taking the view that pending litigation nothing new should be introduced the learned Munsif held that the ..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....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. ......rieved by the aforesaid order, the accused petitioners moved this Court and obtained the instant Rule. 8. Mr. Nurul Islam Chowdhury, the learned Advocate for the petitioners submits that in view of the finding of the Appellate tribunal that the learned trial Court was justified i..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....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 ......hat the Investigating Officer did record a general statement of P.W. 2 Dalilur Rahman that the accused persons including accused appellants Nazimuddin and Abdur Rahman assaulted the deceased. In that view of the matter the omission on the part of P.W. 2 Dalilur Rahman to specifically tell the Invest..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....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 ......nsif, Comilla on 9.1.82 against the opposite parties (excluding Opposite party No.4) praying for khas possession of the suit 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 pr..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)
....s was a case where the learned counsel did not urge all his arguments in support of the findings recorded in favour of his client by the first Court. The first appellate Court was led to a consequent erroneous impression as regards the case of the respondent. It was held that the omission to argue t......na Chattiyar and others Vs. Varadappa Chattiar and others, AIR 1940 Madras 17 Lawyers Involved: Dr. Kamal Hossain with Tofailur Rahman A. F. Hasan Ari]—For the Petitioner. Review Petition No. 3 of 1983 (arising out of Admiralty suit No.12 of 1983). Judgment Mustaf..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)
....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 ......t both the plaintiffs and the defendants stand in the same position with same right to claim share in the entire hotchpotch of the properties jointly held by the plaintiffs and the defendants. In any view of the matter without enabling the parties to include all the properties jointly held by the pl..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2