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Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....s Case is also Reported in: 36 DLR (1984) (HCD) 303 ...... 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 ......e—For Opposite parties. Civil Revision Case No. 156(C) of 1982. Judgment Syed Mohammad Ali J.- This rule was obtained by the petitioner Abul Hashem and it is directed against the order No.19 dated 10.8.1982 passed by Mr. S.U. Mahmud, Sub-ordinate Judge, Cox's Bazar in Other ...... 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 ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....hellip;………..Defdt-Petitioner Vs. Jugal Kishori Sarkar & others.............Plaintiff-Opposite Party Judgment June 20, 1984. Result: The rule is made absolute. Cases Referred to- Khirode Ch. Goshal Vs. Saroda 21 CLJ 525; Bota Krishna Vs....... 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 ......ot be regarded as a member of the undivided family of her father after her marriage. On the other hand Mr. B.N. Chowdhury, the learned Advocate for the plaintiff opposite party contended that in order to be entitled to make a claim under section 4 of the Partition. Act all that was ne....... 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)
....ed in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ......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. ......n Limited....………………Opposite party Judgment June 12, 1984. Result: The appeal is dismissed. Whether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not a......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)
.... 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; Gladstone Vs. A. B. M. Shayesta (1976) 28 DLR 344; Umar Vs. Fazal Din PLD 1952 Uh. 166. Lawyers I......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 ......sions above I find to reason to interfere with the impugned judgment and decree of the lower appellate Court affirming 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 ......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)
....) (HCD) 306, 4 BLD (1984) (HCD) 306 ......;of the Civil Procedure Code. The plaintiff opposite party instituted other Suit No. 183 of 1977 in the Court 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 challen......lul narim—For the Opposite Party. Civil Revision Case No. 1915 of 1980. Judgment Syed Mohammad Ali J. — The defendant petitioner obtained this rule against the judgment and order No. 15 dated 4.12.80 passed by Mr. M.K.A. Rouf, District Judge, Chittagong passed in Miscellan......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)
....s taken me through the judgment of the Courts below and other, relevant materials. The learned Advocate submits that he would press only one ground in attacking the impugned order of Settlement made by the Additional Deputy Commissioner (Revenue) Chittagong and that ground would be th......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 ......hittagong and the Board of Revenue against the settlement in favour of respondent Nos.4-7 unsuccessfully. Thereafter they instituted other suit No.39 of 1969 for a declaration that the order of settlement in respect of 6.60 acres of land in suit In favour of the respondents Nos. 4-7 w......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)
....ed 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 (S.C.) 52; Ebrahim Vs. West bourne Ga...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ...... up and a liquidator be appointed to take over the Company's assets and liabilities and distribute the same to the shareholders. The petitioner has made two alternative prayers: (1) To issue such order or orders regulating the conduct of the Company's affairs or otherwise as shall be ju...... 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)
....t April 12, 1984. Result: The Rule is discharged. Cases Referred to- Short Vs. Henderson Ltd.; Gould Vs. Minister of National Insurance, All England Report 1941 (Vol.1); Bangladesh Small Industries Corporation. Vs. Mahabub Hossain, 29 DLR (SC) 39; 35 DLR 244; 13 DLR at page ...... 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. ......by saying that it is the personal affair of an individuals or same individuals whose representative he is and he is prepared to pay the dismissed employee, the necessary compensation if the order of dismissal is ultimately found to be illegal and this is-nobody else's business to be bo...... 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)
.... 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. 2. Facts of the cage in short are that on 27.9.83 one Mohammad Abdul Hoque lodged an F.I.R. with Daulatpur Upazilla P.S. alleging that the complainant's nep......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. ....... Wahab—For the 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 sh......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)
....ange from one Jalaluddin and others prior to C.S. operation They have been living there by erecting house and the defendant has not title and possession of the same. That being so the defendant No.1 bad no right to lease out of the land. It was their further case the defendant No.1 on their asking l...... 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 ...... I do not find any substance in this appeal which is accordingly dismissed. The judgment and decree of the Court of appeal below are upheld in the facts and circumstances of the case there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. ...... 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)
....re will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ...... 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. ......it under Article 20 of P.O. No. 128 of 1972, there cannot be any doubt regarding the validity of such claim. No serious attempt was, however, made by the appellant's Counsel to prove the contrary. In order to establish that the vesting of all undertakings of the PICIC in the Sangstha had been validl...... 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. ..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
.... This Case is also Reported in: 36 DLR (1984) (HCD) 221 ......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 ......ion to execute and register a sale deed in respect of the suit land on receipt of Taka 47,000/-from the plaintiff and in the event of failure on the part of the defendants to do so within fixed date, order may be passed for execution and registration of the kabala through court on payment of the bal......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)
....ide……………………….. (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. Fazlu......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. ......e him to be so examined by another Court, touching his proceedings, and may make such further inquiry in the matter as it thinks fit; and shall either declare that the summons has been duly served or order such service as it thinks fit. This is certainly a mandatory requirement of law and if it......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. ..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....ahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ......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 ......nformed him that due to disturbance in the country the car could not be taken delivery and the said car was not traceable in the said port area. Subsequently he received information that the delivery order could not be issued as the defendant No.3 did not receive the original Bill of Lading. He stat......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 ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....long possession can be evicted only in due process of law. including the rightful owner. The plaintiffs and their predecessor have been in exclusive possession of the suit land for over 12 years adversely to the defendants and their predecessor. Plaintiff’s title in 4.24 lands out of the ......669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ......manent injunction while the learned Subordinate Judge having ignored the material facts passed a wrong decree by dismissing the suit for injunction. The appeal is accordingly allowed without any order as to casts. The judgment and decree passed by the learned Subordinate Judge is set aside and ......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)
....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 Vs. Abdul Kader Howlader, 29 DLR 338; Kanchan Ali Howlader Vs. Abdul Malek and others, 25 DLR 152;30 DLR 344. ......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. ......Revision Case No. 507 of 1978. Judgment Abdul Matin Khan Chowdhury J.- This rule was issued calling upon the Deputy Commissioner, Jessore and opposite party No.2 to show cause as to why the order dated 18.3.78 passed by the Additional Sessions Judge, Jessore in Criminal Motion No.181 of 19......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)
....upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Altaf Hossain J Jahir Ahmed............................................Petitioner Vs. Badsha Mia Sowdagor...............................Opposite Party Judgment March 6, 1984. ...... 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. ......ion and, in the case of redemption, also on payment by the applicant of the amount due to the mortagee under the said proviso, the Sub divisional Magistrate or the officer so authorised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to de...... 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. ..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
.... The appeal is allowed in part. The 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 Must...... 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 .......) of 1970 And C.R. No.27 (P.M.) of 1975. Judgment Mohammed Habibur Rahman J.—Decree holder appellant Priyatosh Talukdar has preferred this appeal against the judgment and order passed by Mr. A.Z.M.H. Alam, Sub-Judge, First Court, Chittagong on 28.1.70 in Misc. Case No.47...... 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)
....se is also Reported in: 36 DLR (1984) (HCD) 272 ......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 ...... 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 and that for the ends of justice in order to avoid multiplicity of judicial proceedings, the pre-emptor petitioners should be added as d......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 ..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
..........Appellant Vs. Safed Ali Bepary and others.................Respondents Judgment February 24, 1984. Result: The appeal is allowed. Cases Referred To- Muhammad Ramjan Vs. Fazlul Huq, (1963) 15 DLR 99=P.L.D. 1963 Dacca 987; Krishan Reddiar Vs. Ramanuja Reddi......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 ...... On 23.2.72 the plaintiff filed an application for partition 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 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 ..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
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