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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 ......he alleged contract is dated 24.4.1975 and the petitioner's kabalas are dated 8.3.1978. So according to this provision of section 2(b) this petitioner can also take protection under the law. 13. In the cases of Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
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 ......im under section 4of partition Act could not be legally maintained. The third point of objection was that the learned Munsif did not himself assessed the value of the property as was required by law. 7. The learned Subordinate Judge upon a consideration of all the evidence and the judgment..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. ......security upon the claimed amount of the suit. The impugned order dated 29- 1-84 is therefore, clearly a conditional order within the meaning of Order 38 Rule 5(3) C.P.C. It is true that the law does not contemplate a second order of conditional attachment after hearing the objection of the..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 ......ding of act of the Courts below. The learned Advocate however submits that in the alleged contract of reconveyance no period was fixed for repayment of the amount and as such it is not enforceable in law inasmuch as it offends against the rule of perpetuity. The learned Advocate also submits that th..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 ...... required by Rule 54 of the Government Estate Manual read with section 77 of the State Acquisition and Tenancy Act. The learned Advocate submits that the failure to make such enquiry was mala fide in law and vitiated the settlement. Rule 54 of the Government Estate Manual reads as follows:..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. ......elatives of the Managing Director. The Managing Director is depriving the petitioner as also other 25% share-holders the benefits of their shareholding in the company. The petitioner through his lawyer sent a notice to the Managing Director to return the share script No.005 and to move the High..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. ......ut that of a master and servant for which a suit for damage only, if any, would lie for breach of a contract. 4. The learned Munsif after hearing the parties and on consideration of the relevant laws, decreed the suit on contest. The removal was declared to be illegal and ultra vire and it was ..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. ......le is discharged. The order of stay of further proceeding of G.R. Case No.1046 of 1933 pending before the Upazilla Magistrate 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) (198..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 ......nsel appearing in support of the appeal having taken me through the judgments of both the Courts below and the evidence on record has contended that the learned Additional District Judge has erred in law in reversing the judgment and decree of the learned Munsif and had failed to apply his judicial ..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. ......llip;…………………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 summ..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 ......dence on record to show that the plaintiff understood the contents and purport of the deeds of gift and sale; which were read over and explained to her, but the learned Subordinate Judge has erred in law in not holding that the deeds in question have been read over to the plaintiff and explained to ..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 ......Facie title is required Possession for more than 12 years can be protected by permanent injunction even against rightful owner. A person in long possession can be evicted only in due process of law. including the rightful owner. The plaintiffs and their predecessor have been in exclusive ..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. ......n 14 DLR page 96 in the case of Abul Hossain Sana Vs. Suwalal Agarwala and another wherein it was held by the Supreme Court of Pakistan: An express bar to fresh proceedings was not essential when the law provides for the exercise of jurisdiction by a Court the jurisdiction will be exhausted if it is..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. ......e Acquisition and Tenancy Act as inserted by P.O. 88 of 1972 and amended by P.O.136 of 1972 and P.O.24 of 1973 reads as follows:— "95A. Notwithstanding anything contained in any other law for the time being in force, any transfer of a holding or of portion or share thereof, eith..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 ......to 4 are enemies ^within the meaning of Defence of Pakistan Ordinance and Rules, 1965 being residents of India since long before the institution of the suit and there is no doubt that by operation of law the suit property has vested in the Assistant Custodian. The vesting having taken place dur..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 ......rt, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the spit. (2) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate so far as the deceased plaintiff..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 ......ew of the fact that the trial court "presumed that the plaintiffs did not possess the land since auction purchase" on the ground of non-payment of rent by them, the appellate Court erred in law in allowing the appeal without altering the aforesaid finding of the trial court. There is no le..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 ......t), 1956 (East Bengal Act IV of 1956) and came into force on 13.4.56. There is nothing in the East Bengal Act IV of 1956 to indicate that the penal provision was given retrospective effect. The penal laws should be strictly construed and retrospective effect should not be given to such pro..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 ......d in the Code of Civil Procedure that a "Public Officer" is also Subordinate to the High Court Division or to the Civil Court. 6. The Waqfs Ordinance is a special statute governing the law relating to the administration and management of waqf properties in Bangladesh. When the Adminis..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....n extinguished and their remedy barred. 42. It must be remembered that to counteract the effect of the decisions in the case reported in 48 I.A. 302 and the case reported in 50 I.A. 295, by amending the Limitation Act in 1929 second part of section 10 of the Act and Article 134A to 134C we......ew that since alteration by the previous Mutawallis on the basis of kabala Ext. A in favour of defendant No.1 was void ab initio being in negation of the trust, the possession of the transferee was unlawful and consequently adverse from the very beginning i.e. from 3.5.1937, that defendant No.1 havi..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1