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Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ...... Rule is discharged. Negative declaration A negative declaration sought by the prayer for a declaration that defendant No.1 is not the adopted son of plaintiff's father but this, in the facts and circumstances narrated the plaint tantamount to a declaration of plaintiff's own ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ......otice or there is sufficient balance of improbability to displace his opinion as to where the credibility lies, the appellate Court should not interfere with the finding of trial Court on a question of fact." 6. In the case of Badruddin Khan Vs. Bangladesh and another reported in......he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ...... the basis of power of Attorney and since the defendants 12 to 17 claimed right and possession in schedule Gha lands by claiming the same to be their paternal property so there was a complicated question of title and in such a position when the plaintiffs did not bring the suit for declaration ......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......t is quite natural that a person having had to experience the onslaught and ordeal of robbery in the manner described above would feel sick and require some time to overcome the nervous shock. In the facts and circumstances of the case, it cannot be said that the delay is inordinate or fatal for the..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
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 ......t to have been joined, whether as plaintiff or defendant or whose presence before the Court may be necessary in order to enable the Court effectually and completely adjudicate upon and settle all the questions involved in the suit, be added. 10. In this particular case the petitioner has alread......e of contract the main issue to be decided in the suit whether there was an agreement between the parties to the agreement and the petitioner is not bound to make any body a party in the suit. In the facts and circumstances of the case the petitioner himself, to safe-guard his right, title and inter..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 ......ase of Khirode Chandra Goshal Vs. Saroda Proshad Mitra reported in XII CLJ page 525 it has been held that "undivided family" must be taken to mean, "undivided qua the dwelling house in question and to be a family which owns the house but has not divided it". The said decision has......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 ..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. ......ubordinate Judge, 3rd Court, Chittagong in Money Suit No.3 of 1984 which is in the following terms: “The prayer for attachment before the judgment of the Vessel M.V. Haci Sefer Kalkavan in question be allowed on contest against the defendant No. 1 and ex parte against the rest without cos...... 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..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 ......as no specified time has been mentioned against which the repayment of the consideration was to be made to the transferee. It would appear that in that case the Court was concerned primarily with the question as to whether the contract for reconveyance in that case was a contract of personal nature ...... & 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..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....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 ......ia 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 interims of their re......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..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
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. ......good at the time of the disposal of this petition. It has been held in the case of Re Fildes Bross. Ltd., (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 th......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..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. ......ations as under section 115 of the Code of Civil Procedure. This Court must exercise the power on revision within the tenor of the law and not hearing the matter as a Second Appeal. It is thus a question of any irregularity committed by the Court that need or illegality be cured in the exercise......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..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. ......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. ......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)
.... 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 ......e varied by oral evidence between the parties and the document need be read as it is found written, expressing the intention of parties in executing the document. He further submits that there was no question of fraud or mistake in the case as the document clearly recited the plots to be plot Nos. 1......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..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)
.... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......inter alia, that the petition was not maintainable, that the respondent No. 1 was not the successor of the PICIC, that the foreign loan giving Agencies have written off the loans and therefore, the question of repayment of the loans to respondent No. 1 did not arise, that out of the second loan,......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..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 ...... these findings the learned Subordinate Judge decreed the Suit in favour of the plaintiff as aforesaid. Thereafter the defendant No. 1 (d) Shantipada Adhikari has preferred this appeal. The main question in this case is whether defendant Nos. 1(a) to 1(e) namely Chandra Shekhar Adhikari, Shyama......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)
....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. ......lso evident from the peon's returns that the reports of the process server were not verified by affidavits as required by order 5 Rule 19 of the Code of Civil Procedure. 8. Now the question is whether in case of want of verification by the affidavit of the serving peon it was a ma......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 ..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 ......ntiff 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 her and that she understood the lame.......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..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ......s. They also denied any negligence on their part. 11. The defendant No. 2 in their written statements denied any manner of liability in respect of the alleged loss of the car under the policy in question. The alleged loss of the car is not covered by the policy. The relief if any for the loss c......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..Category: Contract Law | Date: 14 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 ......669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ......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..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
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