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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   ......arties Judgment July 10, 1984. Result: The rule is made absolute. Case Referred to- Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR page 239A. Lawyers Involved: S C. Das—For the petitioner. No one—For Opposite parties. ......He has in support of his claim has filed two registered kabalas executed and registered by the admitted owner of the suit land. He is also supported by the rent receipts and mutation Khatian. 9. Order 1, rule 10 sub-rule (2) has provided: The Court may at any stage of the proceedings, eith..

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         ......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 ....... 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         ..

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.   ......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......ave the Chittagong Port after discharging 20, 000 Metric Tons of Bulk Cement Clinker to the Bangladesh Chemical Industries Corporation, the plaintiff filed an application before the trial Court under Order 38 Rule 5 C.P.C. with a prayer for issuing notices upon defendant Nos. 1 and 2 to sh..

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     ......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......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     ..

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     ......less the defendant establishes a balance and preponderance of convenience in his favour. Cases Referred to- AIR 1925 Lab. 189; AIR 1944 Lah. 400; PLD 1968 Dae. 849; AIR 1961 pages 560. Lawyers Involved: Formanullah Khan—For the Petitioner. M. Fazlul narim—For th......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

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       ......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......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       ..

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.         ......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...... 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)

.... 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 ...... 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.   ..

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.   ......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......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   ...... & 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...... 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   ..

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. ...... a portion of letter is written “without prejudice”, that portion should not also been given consideration in decision the case against the party or the other………………………(19) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Mahmudul Islam, Advocate with him, inst......vocate-on-Record—For the Respondent No. 1 (In both the cases). Ex-parte.—Respondent Nos. 2-4 (In both the cases). Civil Appeal Nos. 31 & 32 of 1983. (From the Judgments and Orders dated 22-9-82 passed by the High Court Division Dhaka Bench in First Miscellaneous Appeal Nos..

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       ...... Vs. Bibhuti-Bhusan Roy and others, AIR 1936 (Cal.) 256 ; Pratap Vs. Sree Iswar Gopal Jiew, AIR 1944 (Cal.) 211; Profulla Chorone Requitte and others Vs. Satya Charan Requite, AIR 1979(SC) 1682. Lawyers Involved: B. B. Roy with Makbul Ahmed—For the Appellant. S. C. Das—For......ing loan on condition of mortgaging the land were proved. On behalf of appellant defendant 1(d) Shantipada Adhikari certified copy of the plaint of Other Suit No. 80/78, Ext. A. certified copy of the Order of Status que passed in Other Suit No. 80/78 Ext. B, certified copy of the exparte judgment da..

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.     ......;……………….. (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......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 have been served under Order 5 Rule 19 of the Code of Civil Procedure was not put in by the serving peon nor the ..

Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2

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     ......uthority 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; Chittagong Port Authority Vs. Md. Ishaque and others 35 DLR. (AD) 364. Lawyers Involved: Makbul Ahmed for Muzammel Hug—For the appellant. M.A. Zalil for Rc......hat the defendant No. 1 alone is liable for the loss of the car as a bails the defendant No. 3 & 4 against whom decree was also passed have not filed any appeal or cross objection. But in view of Order 41, Rule 33 C.P.C. this Court as an appellate Court can grant that relief to the res..

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             ...... 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......669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127             ..

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. ......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......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. ..

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. ......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......eding seven years and the provisions of sec­tion 95 shall apply to such transfer whe­ther made before or after the date of commencement of the State Acquisition and Tenancy (Second Amendment) Order, 1972." 4. In this case the transfer of the lands which are portions of a raiyati ho..

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     ......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. ......y Custodian of Enemy Property by virtue of Notification No.1199 General dated 3.12.65 and that by virtue of Article 8 of East Pakistan Enemy Property (Lands and Buildings) Administration and Disposal Order, 1966 all enemy Property vested in the custodian were exempted from attach­ment, seizure o..

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   ...... 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: Rokanuddin Mahmud with H. Fazlul Karim —For the petitioners. S.C. ......icultural Tenancy Act, 1949) was issued calling upon the plaintiff opposite party Nos. 1 to 3 of Other Suit No. 37 of 1982 of the Court of Subordinate Judge, First Court, Chittagong to show cause why Order No. 6 dated 24.4.82 passed by the Subordinate Judge, 1st Court, Chittagong in the said Other S..

Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2

Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)

....the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253   ......ad Ramjan Vs. Fazlul Huq, (1963) 15 DLR 99=P.L.D. 1963 Dacca 987; Krishan Reddiar Vs. Ramanuja Reddiar, A.I.R. 192; Md. 492. Ma Dwe Vs. Ma Tin Lun, A.I.R. 1920(1963) 15 DLR 99 = PLD 1963 Dac 987 Lawyers Involved: MB. Rahman —For the petitioner. Abdullahe Bapi—For the Respo......artition through ah Advocate Commissioner. The plaintiff's prayer was allowed and a writ was issued appointing Mr. A. Rashid as Commissioner by order No. 78 dated 9.3.72. From 31.3.72 to 13.1.73, Order Nos. 79 to 86 "the Court awaited for the commissioner's report". On 13.1.73 the ..

Category: Property Law | Date: 24 Feb, 1984 | Hits: 2