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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 ...... by the Subordinate Judge Rajabahi, in Title Appeal No. 120 of 1979 affirming the judgment and decree passed by the Munsif, Rajshahi, in O.C. Suit No. 17 of 1975 decreeing the suit in the preliminary form. 2. The plaintiff opposite party brought the suit for partition of her 8 annas share in th....... 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 ......rred to- Khirode Ch. Goshal Vs. Saroda 21 CLJ 525; Bota Krishna Vs. Akhoy Kumar, 15 CWN 450; Md. Magdu Bhuya Vs. Jabbar Huq (1959), 11 DLR 355; Habibulla Vs. Movi. Salek (1968), 20 DLR 489. Lawyers Involved: Md. Anser Ali with Abdul Majid-For the petitioners. B.N. Chowdhury with ..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. ......hellip;…………Opposite party Judgment June 12, 1984. Result: The appeal is dismissed. Whether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civi......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. ......peals No.28 and 29 of 1983 of the Appellate Division of the Supreme Court of Bangladesh; Thai Seree Fishery Co. Ltd & Thai Seri Cold Storage Co. Ltd. Vs. Amin Fish Farm & Industries Ltd. Lawyers Involved: M. HafizuUah with Mokbul Ahmed and P. Bhattachariya—For the defendant-a..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 ......arat Ali as plaintiff instituted the suit which was decreed by the trial Court and affirmed by the Court of First Appeal as stated above. 2. Mr. Md. Ahsanul Kabir, the learned Advocate appearing for the appellant has taken me through the judgments of the Court's below. The learned Advocate ......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 ......d. Affan and others Vs. Tazal Hoque and 42 others, 27 DLR 58; Rambaran Vs. Rani Mohit (1967) AIR (SC) 144; Gladstone Vs. A. B. M. Shayesta (1976) 28 DLR 344; Umar Vs. Fazal Din PLD 1952 Uh. 166. Lawyers Involved: Ahsanul Kabir-For the Appellant. No one—For the Respondent. A..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
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 ......llants. Azizur Rahman Chowdhury with Ahsanul Kabir—For the respondent. Civil Revision No. 280 of 1983 Judgment Md. Altaf Hossain J. - This second appeal arises out of a suit for declaration. 10.80 acres of land appertaining to R.S. Khatian No.1058 of Mouza Gomai P.S. Rangun......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 ......lip;………..Petitioner Vs. Bazal Ahmed & others...........................Respondent Judgment April 26, 1984. Result: The appeal is dismissed. Lawyers Involved: A.K.M. Shqfiqur Rahman with M. Fazlul Karim—For the appellants. Az..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. ......tive Nos.81 to 100 and included in one Share Certificate being No.005. The Instrument of transfer, after due execution on 18.6.76 was deposited with the Company with the Share Certificate No.005 for registration. Although the transfer was duly accorded by the Board of Directors in its meeting h...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......d Jhunjhunwalla, A.I.R. 1976 (S.C.) 565; Bengal Waterways Vs. Rahimuddin Ahmed and others, 34 DLR (AD) 47; Ripon Press and Sugar Mill Co. Ltd., Bellary Vs. V. Gopal Chetti, A.I.R. 1932 (P.O.) 1. Lawyers Involved: Badruddin Ahmed with Sk. Abul Hossain and Syed Moynul Huq— For the Peti..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. ......2. Facts in short are that G.M. Ali Baksha, Headmaster of Agarghata High School P.S. Paikgachha, District Khulna as sole plaintiff filed a suit, being Title Suit No.324 of 1976 in the Court of Munsif for a declaration that the resolutions adopted by the Managing Committee of the Agarghata High Schoo...... 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. ......poration. Vs. Mahabub Hossain, 29 DLR (SC) 39; 35 DLR 244; 13 DLR at page 341;Vithoba Bhanji Vs. Vithal Sakroo, AIR 1958 (Bom.) at page 27; Abdur Rashid Vs. Hari Pada Sarker, 22 DLR at page 668. Lawyers Involved: Shaikh Razzaque Ali—For the Petitioner. Md. Abdur Rahim—For ..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. ......ve the complainant's father who was scheduled to come on 26.9.83 at 7 PM. They went to launch Ghat but they did not find complainant's father in the launch. In the meantime the launch started for Khulna. Aforesaid Akramuzzaman and Mizanur Rahman requested the Serang to stop the launch a......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. ......dul Hoque & another…………………………Opposite-Party Judgment April 11, 1984. Result: The Rule is discharged. Lawyers Involved: M. A. Aziz—For the Petitioner. M. S. M. Nasirul Islam—For th..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... 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 ......ed 26.7.74 passed by the Additional District Judge Khulna reversing those passed by the learned Munsif Second Court Bagerhat on 25.9.72 in Title Suit No. 716 of 196. 2. Plaintiffs filed the suit for declaration of title and confirmation of possession in the plot No.1292 of khatian No.66 and pra...... 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 ...... & others ......................Appellant Vs. Saijuddin & others..........................Respondent Judgment April 7, 1984. Result: The appeal is dimissed. Lawyers Involved: M. A. Aziz—For the Appellant. Syed the Shamsur Rahman- For Respond..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
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. ......en duly served or order such service as it thinks fit. This is certainly a mandatory requirement of law and if it is not complied with then there can not be a legal service of summons. Therefore, service being a vital importance, the Court before declaring the service to be sufficient must......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. ......;……………….. (9, 11 & 13) Cases Referred to- Munshl Tamijuddin Vs. Altafuddin (1968) 20 DLR 901; Most Johra Vs. Rafiqul Kader, 25 DLR page 91 Lawyers Involved: A. Mannan Khan—For the appellants. Fazlul Karim with P.K. Base&mda..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 ......iya in other Appeal No.169 of 1981 on 19.12.82 reversing those passed by the 4th Court of Munsif, Patiya in other Suit No.37 of 1979 on 23.3.81.The opposite party No.1 Asma Khatun instituted the suit for declaration of title and recovery of possession. Opposite party No.2 and petitioner are sons of ......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 ...... Vs. Hassan Ali Begunia, A.I.R. 1928 P.C. 303; Hemchandra Roy Chowdhury Vs. Suradhari Debya Chowdhurani, A.I.R. 1940 PC 134; Khurbuja Khir Vs. Jang Bahadur A.I.R. 1963 SC 1203. Lawyers Involved: Fazlul Karim—For the Petitioner. R M. Saleh Ahmed—For the Op..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ...... Result: The appeal is allowed. Specific Relief Act (1 of 1877), Section 54. Obtaining Permanent Injunction-Exclusive Possession and a Prima Facie title is required Possession for more than 12 years can be protected by permanent injunction even against rightful owner. A perso......669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ...... possession…............(8) Cases Referred To- Sadek Ali Vs. Suruj Ali & others, 5 DLR 95;7 DLR page 96;Chand Muhammad Mondal Vs. Fayezuddin Ahamed & others, 10 DLR 193. Lawyers Involved: P. K. Base with Mansur Habib—For the appellants. Md. Marfat All&md..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. ......on 13.1.73 at about 4 P.M. four persons were kidnapped by the petitioners from Sobuj Sanga Club of Noahata Union, under Mohammadpur P.S. Jessore and another person was taken on the nextday at 10 a.m. for interrogation by petitioner No.14. All these five persons were untraced and as they were ki......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. ......DLR 96; Md. Mostafa Chowdhury Vs. Lila Rani Naundi, 22 DLR 199; Habibullah Chowdhury Vs. Abdul Kader Howlader, 29 DLR 338; Kanchan Ali Howlader Vs. Abdul Malek and others, 25 DLR 152;30 DLR 344. Lawyers Involved: Serajul Hoque—For the Petitioners. Syed Ghulam Mostafa—For t..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. ......5(1) of the Code of Civil Procedure arises out of the following facts:— 2. The petitioner transferred certain property to opposite party Nos.1 and 2 by a registered kabala dated 20.05.1970 for a sum of Tk.4,700/-. On the same day a registered deed of agreement was executed by the parties ...... 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. ......to- Abdul Mannan and others Vs. Kulad Ranjan Mawali and others, 31 DLR (AD) 195; Bangladesh Vs. Haji Abdul Gani Biswas and ors, 32 DLR (AD) 233; Abu Bakkar Vs. Nasir Ahmed, 34 DLR (AD) 237, Lawyers Involved: A.K.M. Shafiqur Rahman with Mostafa Niaz Mohammad, Mokbul Ahmed—For the..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
.... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ......suit in 1964. At the time of filing Execution Case Nos.4 of 1967 the addresses of judgment debtor Nos.1 to 4 have also been shown to be in India. Mr. A.K.M. Shafiqur Rahman, the learned Advocate for the decree-holder appellant also frankly concedes that the judgment debtors No.1 to 4 are Indian...... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ......e Rules are discharged. Cases Referred to- National Bank of Pakistan Vs. Kushtia Sugar Cane Mills, 29 DLR 32;Goutam Ranjan Sen and others Vs. Bangladesh and others, 1981 BLD (A.D.) 126 Lawyers Involved: A. K. M. Shafiqur Rahman with Mustafa Neaz Muhammad—For the appellant. ..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
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 ......ed by Mr. N.I. Khan, Munsif, Faridpur in Miscellaneous Case No.191 of 1976. 2. Late Poet Jasimuddin as plaintiff instituted Title Suit No.4 of 1974 against the opposite party as defendant before the Sadar Munsif, Faridpur praying for a decree of ejectment from the suit premises. During the......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 ...........Opposite party Judgment February 7, 1984. Result: the Rule is made absolute Case Referred To- Raja Debt Baksh Singh Vs. Habib Shah XVIII (19,13) C.L.J. (PC) 9. Lawyers Involved: Md. Sharifuddin Chakladerjor Md. Jamir-uddin Sircar—For the petitioners..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 ...... 23.4.80, passed by the Munsif, 1st Court, Barisal in Title suit. No.272 of 1977. 2. The opposite party Nos.1-3 as plaintiffs filed Title suit No.190 of 1975 in the Court of Munsif, Barisal for declaration of title to the suit property against the defendant-petitioner and the defendan......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 ........Opposite parties Judgment Feb 6, 1984. Result: The Rule is discharged. Specific Relief Act, 1877; Section 42; Code of Civil Procedure, 1908 (CPC), Section 115(1) Lawyers Involved: Hemayetuddin Ahmed with P.C. Guha—For the Petitioner. Md. Nizamul..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....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 ......sif, 2nd Court, Perojpur in Title Suit No.199 of 1983. 2. The plaintiffs-petitioners instituted Title Suit No.199 of 1983 in the Court of Munsif, Perojour against the defendants-opposite parties for declaration of their title to the suit land and for confirmation of possession therein. The plai......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 ......rule is made absolute Cases Referred to- Makbul Vs. Md. Idris (1969)21 DLR-511; Mir Laik Ali Vs. Standard Vacuum Oil (1964) 16 DLR 287; Abdus Sattar Vs. Imam Hossain (1976) 28 DLR 256. Lawyers Involved: Abdul Quayum—For the petitioners. Hemayetuddin Ahmed—For th..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130 ......oner Golam Atahar Chowdhury was the Mutwalli of Bhatipara Waqf Estate bearing Enrolment No. E.C. 11917 on and from 30-10-74. On 23-11-81 an application was filed by Abu Saleh Chowdhury and 3 others before the Administrator of Waqfs praying for removal of the petitioner as Mutwalli under Section ......der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130 ..................Opposite parties Judgment January 24, 1984. Result: The Rule is discharged Case Referred to- Md. Khorshed Alam Vs. Amir Sultan Ali Haider, 21 D.L.R. 799 Lawyers Involved: Md. Jamiruddin Sircar with Md. Asaduzza-man, Nazrul Islam & Enamul Haque&..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
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. ......Fazlul Karim, Fazlul Bari and Fazlul Kader are the male heirs of the original Wakf late Ahsan Ali Chowdhury. They are also joint Mutawallis in terms of the registered Wakfnama Ext.1. 3. The case for the plaintiffs respondents is that late Ahsan Ali Chowdhury created a wakf in respect of the sui......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. ....... 968); Swarup Chand PLD 1947 P.C. 239; Sm. Palani Bala Debi Vs. Kalipada Chakravorty and others, 54 CWN 960; Vidya Varuthi Vs. Balusami, ILR 1944 Mad 831=48 IA 302 = 26 CWN 537=AIR 1922 PC 123. Lawyers Involved: Abu Taker Chowdhury—For the Appellants. Maqbul Ahmed—For th..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. ......Abdul Latif & others.................Opposite parties Judgment January 18, 1984. Result: The Rules are made absolute. Lawyers Involved: Azizur Rahman Chowdhury—for the complainant-petitioner (In Criminal Revision No.140 of 1983). Nikfiilesh Duitta&md......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. ......................Petitioner Vs. Katu alias Abdul Latif & others.................Opposite parties Judgment January 18, 1984. Result: The Rules are made absolute. Lawyers Involved: Azizur Rahman Chowdhury—for the complainant-petitioner (In Crimina..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
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