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Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
.... the Railway Deptt. for payment of the balance. He also secured the No. Objection Certificate from the Chittagong Development Authority for transfer of the land, construction of a building thereon in good faith. (In his evidence the plaintiff has stated that the resolution dated 16.7.77 it was decid......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
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....n any affidavit of the serving peon that is no an absolute requirement of law and that the so-called irregularity did not result in the suppression of the summons. He accordingly found that there was good service of summons and there was no suppression of the process accordingly he reversed the judg...... Advocate for the respondents supported the finding of the learned Additional District Judge submitting that from the peons return and the evidence of the serving peon as well as from the evidence on record the learned Additional District Judge rightly held that summons were duly served. 7. Ext......……………Respondent Judgment March 21, 1984. Result: The appeal is allowed. Non-compliance of the positive requirements of law in the matter of service of summons legally amounts to non-service of summons. Where a summons is returned under..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 ......is Court and obtained the present rule. 2. Mr. Fazlul Karim, the learned Advocate for the defendant No. 2 petitioner has taken me through the judgments of the Courts below and other materials on record. The learned Advocate submits that there was overwhelming evidence on record to show that the......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)
....consignee endorsed for not found and the cargo was lost by theft etc. In the instant case nobody endorsed. On 12.7.71 Shed Officer made missing report. There was an inventory of missing and available goods of the port at the relevant time. 18. Ext. A. is the missing report. He admits they have ......fendant No. 3 examined one witness namely D.W. 2 N.R. Das. The defendant No. 4 also examined one witness namely D.W. 3 Nurul Islam. 14. Upon a consideration of the evidence and other material on record, the learned Subordinate Judge found teat the defendant Nos. 3 and 4 were negligent and due t......ed the plaintiff that due to the alleged continuous disturbances in Chittagong the car of the plaintiff could not be cleared and that car was not tractable and it might have been taken by the defence service people. 5. The plaintiff made repeated demands to defendant No. 1 for delivery of the c..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....e of the Subordinate Judge. 6. Mr. P.K. Bose, the learned Advocate for the appellants submitted that the learned Subordinate Judge erred in law in not holding that the plaintiffs have acquired a good title in the suit land by adverse possession on the basis of their continued exclusive possessi......ears the exclusive right and possession of the plaintiffs for long over 12 years adversely to all others including the defendants. The plaintiffs have paid rents all through and their right have been recorded in the S.A. Khatian. The defendants No. 8 filed objection and appeal against the S.A. Recor......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)
....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. ......ion of complaint before the Sub-divisional Magistrate, Magura whereupon the complainant was examined on oath and the matter remained pending for about 5 months till 24.11.76 for want of original case records. On 24.11.76 original case records were put up and the learned Magistrate, after scruti......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
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 ......petition dated 23.3.82 under Order 1 Rule 10 C.P.C. it put up for hearing. Heard the learned Advocate for the plaintiffs and reply to that from the petitioners. Perused the petition and the record. In view of the materials on record I do not think it proper to allow the prayer of the petit......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)
....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 ......ld have asked his Advocate to take necessary information about the report of the Commissioner and hence it rejected the defence contention, now re-iterated in this appeal. 8. It appears from the record that the defendants' Advocate did not get any copy of the application filed before the tr......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)
....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 ......ered from the estate of the deceased-plaintiff." The only order that the learned Munsif could have passed in, the present case after being informed of the death of the sole plaintiff was to record an abatement of the suit. He had no jurisdiction to fix the suit for positive bearing on 16.4......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)
....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 ...... 8 annas share, Kadam Ali (defendant No.3) got -/I/- annas share, Nowab Ali got-/2/- annas share and Khatejan got -/2/- annas share. During the R.S. operation the aforesaid shares were correctly recorded. Hachenuddin and Khatejan died leaving one. son, Kashem Ali and one daughter, plaintiff No.......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)
....ce on record and have arrived at the concurrent finding that the plaintiff has been in continuous possession since the date of his settlement which was well over 12 years and as such he has acquired- good and valid title by adverse possession. 18. So. on consideration of evidence on record and ...... the land to the plaintiffs, by a registered kabala, dated 31.3.58 and delivered possession to them. Since their purchase, the plaintiffs have been possessing the suit land. The land has been wrongly recorded in the name of the previous owners. The defendant No.6 fraudulently auction purchased the l......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
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....ee was unlawful and consequently adverse from the very beginning i.e. from 3.5.1937, that defendant No.1 having remained in possession continuously for more than 12 years from that date acquired good title in the disputed land under Article 144 of the Limitation Act, that the plaintiffs Mu...... of title and delivery of possession in respect of the Suit land, obtained decree on contest on 15.5.1951 and got delivery of possession of the suit land through court on 26.5.1951. The relevant R.S. record of right in respect of suit land recording the same in the names of Yousuf Ali Chowdhury and ......as joint Mutwallis were mismanaging the wakf properties, the plaintiffs were minors Plaintiff No.1 Syed Ahmed Chowdhury on attaining majority spent some years in Burma and Calcutta in connection with service and business; then came to Chittagong and raised objection against the mismanagement of the ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
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. ......fluence over the Police. The Additional District Magistrate sent the said petition to the Sub-Divisional Magistrate, Cox's Bazar for necessary action. The Sub-Divisional magistrate found from the record that police investigation was duly going on and that it appears from the order dated 30-11-71...... of order up to 28th February, 1972. Article 3 of P.O. No. 16 of 1973 reads as follows: “A public prosecutor shall upon the Government Certifying that a case against any person in the service of the Republic or against any person for or on account of or in respect of any act done by ..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....ed against (a) either party thereto as well as against (b) any other person claiming under him by a title arising subsequently to the contract (Except a transferee for value who has paid his money in good faith and without notice of the original contract). The present defendant-appellant claimed tit......ovide that the contract shall stand rescinded automatically. It was merely provided that the seller would be at liberty to rescind the agreement and in the instant case there is absolutely nothing on record to show that the seller ever rescinded the agreement. On the contrary when by letter Ext. D d...... 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)
....igma International Inc. in the respondent-company (vide Page 122 of the documents filed by the respondents). As matters stand now the entire transaction appears to me to have been made prima facie in good faith, in the best interest of the company and not with a view either to defraud the petitioner......e the Bangladesh Bank by its letter dated 28.11.82 (Annexure 15). The question of ex-post facto approval in the present case does not arise in my opinion. The permission granted is in the nature of a record kept in the Bangladesh Bank noting such transfer. Sigma International Inc may have to be paid......s drawn my attention to section 1(2) of the said Act which is as follows:— "(2) It extends to the whole of Bangladesh and applies to all citizens of Bangladesh and persons in the service of the Republic wherever they may be." Mr. Yusuf submits that the said Act applies..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....sion. The learned Advocate submits that the judgments of the Courts below are not liable to be interfered with by his Court in Second Appeal. 7. The superior Courts of the subcontinent have in a good (number of cases gone into the question of the benami character of a transaction and have laid ......ession by the Courts below has not therefore by itself resulted in an error in the decision as to whether the impugned kabala was a benami document. 10. As regards motive there is no evidence on record to indicate as to what was the motive for giving the transaction a benami character and there......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)
....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. ......down in the case land in the previous Jaistha. Thus it appears that the salt godown in question was erected during the pendency of the present case. In view of the above discussion of the evidence on record we find that the pre-emptor co-sharers who were not notified came to know of the present sale......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)
....Court, he cannot be found fault with. It is patent from the order sheet that at no stage of the proceedings the P.Ws. were served with any summons to appear. Their attendance in Court was left to the good grace of the Assistant Public Prosecutor. Therefore on 13.1.83 it was incumbent upon the Court ......l can be passed. 4. If, before framing the charge the Sessions Court considers that there is no sufficient ground for proceeding against the accused, then it shall discharge the accused and record the reasons for so doing U/S 265C Cr.P.C. A Magistrate has similar power U/S 241A Cr.P.C. ......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)
....counterfoils of rent receipts Ext. 4 series. The trial Court did not place any reliance on the papers filed by the defendants. It held that inspire of the fact that the plaintiff has not acquired any good title to the suit land, he can maintain a suit for permanent injunction against others who do n......No. 23 after the C.S. operation. Therefore, her grand-daughters Victoria and Eliz could not have settled the suit plot with the defendant Nos. 4 and 5. The trial Court also found from the evidence on record that the plaintiff constructed the two huts in question. Ext. 5 is the Photostat copy of the ......f (Chainchal Singh, A.I.R. 1946 (P.C.) (1). I find from the first that no objection was taken Ext. 6 was admitted into evidence. P.W. 1 has stated in his evidence that defendant No.3 has retired from service and has gone away to Punjab after retirement. That statement has not been challenged in cros..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
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. ......proceedings on the ground that there is no evidence for the court to go upon”. Thus from the above quotation it is clear that it is not the function of the Court to examine the evidence on record and come to its own finding as to the genuineness of the case. As in the present case ch......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
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