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Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....rently found that there was no previous partition between the plaintiffs and her paternal cousin and that both of them continue to live jointly in their paternal dwelling house. So upon the aforesaid facts the plaintiff has been rightly found to be entitled to lay her claim under section 4 ......uya 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 P.K. Base and Mansur Habib-For the Opposite Parties. Civil Revision Case No. 1750 of 1981. Judgment ......n 4 of the Partition Act. Further it was pleaded that no partition suit having been brought by the defendants the claim under, section 4 of the Partition Act not lie. 5. Oral evidence were produced on the side of plaintiff and oral and documentary evidence on the side of the..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
.... comes within the jurisdiction of the Court, shall not ordinarily be treated as a movable property within the jurisdiction of the Court liable to the attachment before judgment unless there are other facts and compelling reasons calling for an action under this rule, apart from other question of jur......hether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civil Procedure (V of 1908) Or. 38 rs. 5 and 6. Cases Referred To- Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipp......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. ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
.... & Co. Ltd. Vs. A.B.M. Shayesta Khan and another decided by a Division Bench of this Court and reported in 28 DLR 344 the Court held that what is reasonable time is undoubtedly dependent upon the facts and circumstances of each case. In the reported case the Court was dealing with the meaning of......man Khatoon & others……………….Respondents Judgment June 9, 1984. Result: The appeal is dismissed. Cases Referred to- Md. Affan and others Vs. Tazal Hoque and 42 others, 27 DLR 58; Rambaran Vs. Rani Mohit (1967) AIR (SC) 144; Gl......n oral agreement for reconveyance of disputed land as alleged in the plaint and that the plaintiff paid back the consideration to the defendant in pursuance of that contract. This finding is based on evidence and stands concluded by the concurrent finding of act of the Courts below. The learned Advo..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....t of Munsif at Satkania under Section 14 of the Arbitration Act for a decree interims of the award. 2. The defendant petitioner filed written statement in this suit challenging all the facts and calling in question award on legal grounds. 3. The Arbitrators have given their award......e is discharged. Civil Procedure Code, 1908; Section 24 Transfer of suit when should be allowed – Ordinarily the plaintiff as the arbiter it is has the right to choose his forum and the courts should be very reluctant to disturb this right unless the defendant establishes a bal......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 ..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....d., (1970) 1 All E.R. 923 as follows:— "..................In my judgment the question whether it is just and equitable to wind up the company is one which must be answered on the facts which exist at the time of the hearing. If on the facts existing when the petition was present......tion is dismissed. Cases Referred to- Re Fildes Bross. Ltd., (1970) 1 All E.R. 923; Re: Yenidje Tobacco Co. Ltd., (1916) 2 Ch. 426; Loch Vs. John Blackwood Ltd., 1924 AcC. 783; In Re: Davis and Colett Ltd., (1935) 1 Ch. 693; Ladli Prasad Jaiswal Vs. The Karnal Distillery Co. Ltd., 17 DLR (...... 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)
....of a teacher or expulsion or rustication of a student shall be taken up unless the matter has been placed on the agenda issued with the notice of the meeting. According to the learned Advocate, these facts clearly shows that the holding of the meeting without prior 7 clays notice and without the age......n (Jessore Bench) (Civil Revisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Sarder Ahmed Ali................................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: ......hich is being disposed of by this Judgment. 6. Mr. Shaikh Razzaque Ali, the learned Advocate appeared in support of the rule and having taken me through the judgments of the Courts below and the evidence on record has contended that the Courts below erred in law in not finding that the relation..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. ...... State. Criminal Revision No. 7 of 1948. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the opposite parties to show cause as to why the order dated 27.12.83 and 25.1.83 passed in G.R. Case No.1046 of 1983 by the Sessions Judge Khulna should not be set aside......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. ..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....vidence 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 mind to the facts and circumstances of the case and specially that of the Pleader Commissioner's report as t...... Appellant. Syed the Shamsur Rahman- For Respondent Appeal from Apaellate Decree No.153 of 1978. Judgment Anwarul Hoque Chowdhury J. - This appeal is directed against the judgment and decree dated 26.7.74 passed by the Additional District Judge Khulna reversing those passed by th.......1292 and erected certain huts there and are in possession thereof. The land has been rightly recorded in his name and the plaintiff has no case. 4. The learned Munsiff on a consideration of the evidence record found this suit land was in fact settled with the plaintiff and that they are in pos..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)
....as it shows the relationship between the appellant and respondent No. 1 as debtor and creditor and that they tried to settle the account the letter can be taken into consideration. 20. From the facts and circumstances so far placed for our consideration, it appears that in spite of frantic eff......ettlement. The entire object of the writer is that the writer expresses in writing that the suit may be settled on the proposed terms. If they are acceptable, the parties will be bound by these terms and the dispute comes to an end. If the proposed terms become infructuous, they cannot be used in fu......g the issues between the parties. If the document is formally proved, the Court can ultimately examine such letter. But if the entire letter is written “without prejudice” the value of such evidence in determining the disputes between the parties is very little. If, however, a portion of l..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 ......rt Division (Civil Revisional Jurisdiction) Present: Md. H Rahman J S. Mohammad Ali J Chatteswari Debi Bigraha................................Appellant Vs. Shirih Chandra Das & others..........................Respondent Judgment April 1, 1984. R......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 decided that the suit lan..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....aw in the matter of service of summons legally amounts to non-service of summons. 12. Thus in consideration of the provisions of law with reference to the provisions of law with reference to the facts in the present case I must held that the learned Munsif gave a proper finding by holding that ......egally amounts to non-service of summons. Where a summons is returned under rule 17, the Court shall, if the return under that rule has not been verified by the affidavit of the serving officer, and may if it has been so verified, examine the serving officer on oath, or cause him to be so exami......it on the ground that summons were not served but were fraudulently suppressed. The defendants asserted due service of summons on the plaintiffs. 3. The learned Munsif after considering the evidence found that according to the peon's returns Ext. A(1) and A(2) the summons were shown to..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....t the lady had independent and disinterested advice from persons other than the recipient of the document. 4. Let me now proceed to apply the principle laid down by the Appellate Division to the facts and circumstances of the present case. In this case the defendant petitioner examined 2 witnes......ellip;……………Opposite parties Judgment March 18, 1984. Result: The Rule is discharged. Cases Referred To- Ayna Dasi Vs. Arena Bala Dashi and others, 12 DLR 603 ;Siddique Ahmed Chowdhury and others Vs. Ganl Ahmed and others, 33 DLR (AD) 1...... 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 plaintiff understood the contents and purport of the deeds of gi..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....m defendant No. 3 on 25.5.71 and that therefore from that date this suit is barred by limitation. 23. Mr. M.A. Jalil the learned Advocate for the plaintiff respondent submits that in view of the facts and circumstances of the case the suit is not barred by limitation. In this connection the lea......mp; others..............................Respondent Judgment March 14, 1984. Result: The appeal is dismissed. Cases Referred To- Chittagong Port Authority Vs. Md. Ishaque and others, 35 DLR (AD) 364; Central Bank of India Ltd. Vs. M/S-Jan Md. Hazi Ismail 17 D.L.R. 582; C......ess namely D.W. 1 Gafur. The defendant 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..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....wherein it has been held by a single Bench of this Court that a relief of injunction cannot be granted when the plaintiff is a trespasser as against the defendant who has some title. 11. But the facts of the present case are not similar to the facts in the referred case. Here the plaintiffs can...........Respondent Judgment March 13, 1984. 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 perm......Nos.3 and 5. Thus they asserted their rightful possession in respect of 4.10 lands of Baharullah, and denied plaintiffs right and possession and the cause for injunction. 4. Oral and documentary evidence were produced by the parties. The learned Munsif found that the deed of exchange ext 3 by w..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....s he passed an order of further enquiry into the matter although the complaint petition was dismissed by the Magistrate He further submits that the order of enquiry made by the Sessions Judge, in the facts and circumstances of the case passed on misconception under the scope of section 436 of t..................................................Respondent Judgment March 11, 1984. Result: The Rule is discharged. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala and another, 14 DLR 96; Md. Mostafa Chowdhury Vs. Lila Rani Naundi, 22 DLR 199; Habibullah Chowdhury......ssions Judge in directing fresh enquiry into the matter. According to him the order of dismissal of complaint passed by the Sub-Divisional Magistrate was not on merits or on consideration of the evidence on record as such it cannot be treated as an order of acquittal. 5. Mr. Sk. Atiar Rahm..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....parties. Civil Revision No.18 (Ctg) of 1983. Judgment Md. Altaf Hossain J. - This revisional application under section 115(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......Vs. Badsha Mia Sowdagor...............................Opposite Party Judgment March 6, 1984. Result: The Rule is made absolute. Cases Referred to- Abdul Mannan and others Vs. Kulad Ranjan Mawali and others, 31 DLR (AD) 195; Bangladesh Vs. Haji Abdul Gani Biswa......formance of contract against the opposite parties defendants. The plaintiff paid ad valorem Court fee in the suit. The Courts below dismissed the suit. They were of the view that the transaction evidenced by the kabala dated 20.05.1970 coupled with the contemporaneous agreement of reconveyance ..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
....esign to defeat the claim of pre-emption of the petitioners, that the plaintiffs are not the real plaintiffs and are merely name lenders, that the petitioners have legal right to preempt, that in the facts and circumstances of the case the petitioners are vitally interested in the result of the suit......D. Singh Hazari & others........................Opposite parties Judgment March 4, 1984. Result: The Rule is made absolute. Cases Referred To- Ashwini Kumar Karmaker and others Vs. Hari Mohan and others, 36 DLR (AD); 51 C.W.N. 644. Lawyers Involved: Rokanu......ing the decree prayed for in Other Suit No.37 of 1982 then the transfer will be treated as no transfer and in the said 3 aforesaid Misc. Case Nos. 82, 83 and 84 of 1982 the said decree may be used as evidence to show that there was no transfer under the impugned 5 registered deeds. The petitioners a..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
.... 30 days after the date of dismissal for default and as such it was barred by limitation. 5. Mr. Md. Sharifuddin Chaklader, the learned Advocate for the petitioners, submits that in the peculiar facts and circumstances of the case the learned Munsif ought to have taken into consideration that h......y;tiff had ceased, he was unable to take any step in the case. The learned Munsif fixed 16 4.76 as the date of positive bearing of the suit. On the said date no steps were taken by the plaintiff and hence the learned Munsjf dismissed the suit for default. 4. On 9.6,76 the present petitione......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)
....ssion of the land and there is no evidence on record to show that the Government by an unequivocal act indicated its intention to avoid the Nim-Howla interest of the plaintiffs. Cons dering all these facts and circumclances of the case, the appellate Court arrived at the finding that "There is ...... Md. Nizamul Huq with Moslem Alt Howlader—For Opposite-party Nos.1-3. Civil Revision No. 582 of 1982. Judgment Daliluddin Ahmed J.—This Rule was issued Against the judgment and decree, dated 5.1.82, passed by the Subordinate Judge, 2nde Court, Barisal in Title Appeal No.13...... possessing the suit land. The plafntiffs have no right, title, interest and possession in the suit land. Hence the suit land is liable to be dismissed. 7. The learned Munsif on consideration of evidence on record found that the plaintiffs have failed to prove their right, title, interest ..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....ill operate at once and the Government will acquire right to the land as soon as subletting is made in contravention of sub-section (1) of the said section. Now the question that arises from the facts and circumstances of the case is; that to whom the suit land will go on the violation of sub-s......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Daliluddin Ahmed J Sarendra Nath Halder & others.......................Petitioner Vs. Satyandra Nath Halder..............................Opposite Party Judgment January 30, 19......t. 1. The contesting defendant opposite party No.1 denied the oral lease and maintained that the registered kabuliyat, Ext. 2, was fraudulent and void. 6. The appellate court on consideration of evidence on record and the legal aspect of the case has found that the kabuliyat, dated 25.1.66, Ext..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
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