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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. ......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. ......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..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. ...... section 95A, of the said Act, though such retrospectivity cannot go behind any date earlier than the date of coming into force of Part V of the Act, in which part the sections occur. The transfer in question which is of the year 1970 is however, effected by this retrospectivity and has to be treate......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..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 ...... East Pakistan Enemy Property (Lands and Buildings) Administration Disposal Order, 1966 the learned Subordinate Judge dismissed the execution case without costs holding that the property in question cannot be sold in execution of the decree. 6. Mr. A.K.M, Shafiqur Rahman, the learned ...... 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 ..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
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 ......t the suit land, that the presence of the petitioners as parties in Other Suit No. 37 of 1982 is necessary in order to enable the Court to effectually and completely to adjudicate upon and settle the question involved in this suit, that the petitioners are vitally interested in the result of the sui......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..Category: Procedural Law, Property Law | Date: 4 Mar, 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 ......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 ...... 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..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 ......llate court has further found that the suit land appertains to Touzi No.7309 and the said Touzi was sold in Revenue Sale Case No.199/49-50 and Government auction purchased the same. 10. The only question arises now for our consideration is that whether the Nim-Howla interest of the plaintiffs w......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 ..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 ......ndicate that forfeiture will 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 wil......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..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 ......parties. Civil Revision No. 369 of 1983. Judgment Mustafa Kamal J.- This rule obtained under Section 115(1) and 115(3) C.P.C. as they stood on 27-10-83, calls into question the judgment and order dated 24-8-83 passed by Mr. Mahmudul Amin Choudhury, District Judge,......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 ..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. ......36 P.C. 183=40 C.W.N. 90= 162 I.C. 465= 63 I.A. 261 and Alla Rakhi Vs. Shah Mohammad A.I.R. 1935 P.C. 77. I.L.R. 56 All. 111=147 I.C. 887. That the alienee's adverse possession of the property in question will commence when the manager (Mohant, Shebayet or Mutawalli) of the religious endowm......s from disturbing the possession of the plaintiffs in the suit land. Leave to appeal under Clause 15 of the Letters Patent was allowed. Thereafter, this appeal was preferred. 9. In this case the facts of the case as stated by the plaintiffs are not disputed by the defendant appellant. It is und..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. ...... of Sessions Case No. 369/1982 as stopped and releasing the accused persons under section 339C (4) of the Code of Criminal Procedure. These two rules are disposed of by this judgment since questions of law and facts involved in them are same. 2. The accused-opposite parties in both t...... 369/1982 as stopped and releasing the accused persons under section 339C (4) of the Code of Criminal Procedure. These two rules are disposed of by this judgment since questions of law and facts involved in them are same. 2. The accused-opposite parties in both the rules were placed ..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
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. ......sult: The Rule is discharged. Withdrawal of criminal Case President's Order No. 16 of 1973 Art. 2. Under Article 2 of P.O. 16/73, there is nothing to show that the offence in question was committed by the accused in connection with the struggle for national liberation. The m......overnment have stated that the accused are freedom fighters does not ipso facto give any indemnity for committing any offence against innocent citizens. P.O. 16/73 has no manner of application in the facts and circumstances of the present case. Cases Referred To- Syed Matiur Rahman Vs. The..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
.... 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 ......r Mahbubuddin Ahmed, the learned Advocate for the defendant-appellant has tried to distinguish this case of Buxly Paints Ltd. by submitting that special leave was granted in that case to consider the question whether the property belonging to the Pakistani Company which is in possession of Banglades...... 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
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
.... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83. ...... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83. ......by the Court. Considering the provisions of Rules 1 and 2 of Order 39 of the Civil Procedure Code it would clearly appear that the provisions of granting temporary injunction do not apply in the facts and circumstances of the present case where an officer of an University has challenged an offi..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......ny the balance sheet and share register and other papers and that those were refused by the respondents. It was stated that in the agenda of the 15th annual general meeting it was not stated that the question of transfer of shares from Taiwa to Sigma International Inc. would be a subject matter of d......ally omitted from the said share register. 11. The respondent No.1, 2, 3 and 6 who are share holder-Directors of the respondent company filed an affidavit-in-oppostion controverting the material facts alleged by the petitioners. Later the said respondents also filed a supplementary affidavit en..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....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 ...... of justice and cannot be sustained. 6. Mr. S.C. Das, the learned Advocate for the respondents has, on the other hand submitted that the Courts below have concurrently found that the document in question is a benami transaction and that the consideration of the document was paid by Abul Meah, H......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. ......941. Pre-emptee respondents 1–3 and other respondents 4–67 are co-sharers in the holding by inheritance and purchase. Transferors Jyoti Prasad and Tarun Tapan transferred the land in question without the knowledge of the pre-emptee respondents and without serving any notice upon the......er the evidence of the O.P.Ws. in his judgment which is perfunctory. In this appeal we have ourselves considered the entire evidence on record and given our findings regarding the issues of facts and law and the points raised before us. In view of the above discussion of the evidence and q..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)
.... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54. ...... Judgment Mustafa Kamal J. – These applications u/s. 171 of the Companies Act have been heard together and will be disposed of by the same judgment as they all raise a common question of law. 2. Dkakerwari Cotton Mills Ltd. Is the common respondent in all these applicat...... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54. ..Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......nd all structures thereon. The defendant Nos. 4 and 5 are not sub-tenants of the defendant Nos. 2 and 3. They are full owners and proprietor of the defendant No. 1 Saw Mill. The plaintiff is a man of questionable and dangerous character. He erected some huts for residential purpose with the consent ......n 33 of the Evidence Act, evidence given by a witness before any person authorised by law to take it, is relevant for the purpose of proving in a subsequent judicial proceeding the truth of facts which it states, when the witness is dead or cannot be found or is incapable of giving evidenc..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
.... proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 100. ......sal of the cases has been extended in respect of all cases. In the instant case it appears that First Information Report lodged on 24-12-80 and the charge-sheet has been submitted on 13-5-82. Similar question as to the applicability of section 35 of the Ordinance XXIV of 1982 and promulgation o......of the Ordinance i.e. on 21-8-82. According to him this was not a pending case for trial on the date of promulgation of the Ordinance as such transitory provisions would not be applicable in the facts and circumstances of the case. 5. Mr. M. A. Wahab the learned Deputy Attorney General has..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
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. ......urther proceeding of Sessions Case No.119 of 1982 was stayed by this Court. In this connection we may refer to the case reported in 34 DLR page 390 in the case of M.G. Towab Vs. The State wherein the question of quashing a proceeding came up before this Court wherein it was held that "The ......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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