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Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....elatives of the Managing Director. The Managing Director is depriving the petitioner as also other 25% share-holders the benefits of their shareholding in the company. The petitioner through his lawyer sent a notice to the Managing Director to return the share script No.005 and to move the High......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 (...... 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..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....ut that of a master and servant for which a suit for damage only, if any, would lie for breach of a contract. 4. The learned Munsif after hearing the parties and on consideration of the relevant laws, decreed the suit on contest. The removal was declared to be illegal and ultra vire and it was ......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: ......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..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
....le is discharged. The order of stay of further proceeding of G.R. Case No.1046 of 1933 pending before the Upazilla Magistrate 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) (198...... 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....... 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..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....nsel appearing in support of the appeal having taken me through the judgments of both the Courts below and the evidence 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 ...... 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...... 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. ..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. ......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......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..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......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..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....llip;…………………Respondent Judgment March 21, 1984. Result: The appeal is allowed. Non-compliance of the positive requirements of law in the matter of service of summons legally amounts to non-service of summons. Where a summ......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......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..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....dence on record to show that the plaintiff 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 ......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......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 ..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 ......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......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..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....Facie title is required Possession for more than 12 years can be protected by permanent injunction even against rightful owner. A person in long possession can be evicted only in due process of law. including the rightful owner. The plaintiffs and their predecessor have been in exclusive ...........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......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 ..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....n 14 DLR page 96 in the case of Abul Hossain Sana Vs. Suwalal Agarwala and another wherein it was held by the Supreme Court of Pakistan: An express bar to fresh proceedings was not essential when the law provides for the exercise of jurisdiction by a Court the jurisdiction will be exhausted if it is..................................................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......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..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....e Acquisition and Tenancy Act as inserted by P.O. 88 of 1972 and amended by P.O.136 of 1972 and P.O.24 of 1973 reads as follows:— "95A. Notwithstanding anything contained in any other law for the time being in force, any transfer of a holding or of portion or share thereof, eith......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......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..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
....to 4 are enemies ^within the meaning of Defence of Pakistan Ordinance and Rules, 1965 being residents of India since long before the institution of the suit and there is no doubt that by operation of law the suit property has vested in the Assistant Custodian. The vesting having taken place dur...... 1984. Result: 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. Shafi.......) 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..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 ......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...... 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..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....ant was deprived of all opportunities to file an objection to the report of the Commissioner and that the acceptance of such report in passing the final decree and making it a part of it was not done lawfully. In support of this contention reliance has been placed on Muhammad Ramjan Vs. Fazlul Huq r......preme Court High Court Division (Civil Appellate Jurisdiction) Present: M. H. Rahman J Jaharunnessa...................................Appellant Vs. Safed Ali Bepary and others.................Respondents Judgment February 24, 1984. Result: The a...... 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 ..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....rt, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the spit. (2) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate so far as the deceased plaintiff......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......6,76 the present petitioners as heirs and successors of the deceased plaintiff filed Miscellaneous Case No.191 of 1976 under Order 9, rule 4 read with section 151 C.P.C. praying for setting aside the order dated 16.4.76 and for restoration of the suit. By his judgment and order dated 26.6.76 the lea..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....ew of the fact that the trial court "presumed that the plaintiffs did not possess the land since auction purchase" on the ground of non-payment of rent by them, the appellate Court erred in law in allowing the appeal without altering the aforesaid finding of the trial court. There is no le...... 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......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 ..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....t), 1956 (East Bengal Act IV of 1956) and came into force on 13.4.56. There is nothing in the East Bengal Act IV of 1956 to indicate that the penal provision was given retrospective effect. The penal laws should be strictly construed and retrospective effect should not be given to such pro......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......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 ..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....d in the Code of Civil Procedure that a "Public Officer" is also Subordinate to the High Court Division or to the Civil Court. 6. The Waqfs Ordinance is a special statute governing the law relating to the administration and management of waqf properties in Bangladesh. When the Adminis......titioner. Md. Hannan with Abul Quasem—For the Opposite 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 da......on 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, Dhaka in Civil Revision C..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....ew that since alteration by the previous Mutawallis on the basis of kabala Ext. A in favour of defendant No.1 was void ab initio being in negation of the trust, the possession of the transferee was unlawful and consequently adverse from the very beginning i.e. from 3.5.1937, that defendant No.1 havi...... Present: Fazle Husain Mohammed Habibur Rahman J Syed Mohammad Ali J Nezamat Ali.................................................Defendant-Appellant Vs. Syed Ahmed Chowdhury and others.................Plaintiff-Respondents Judgment January 18, 1984. Result: ...... Court amounts to possession of the appellant defendant, that the possession of the plaintiffs through court does not amount to discontinuance of the possession of defendant No.1 and that by the orders of injunction and by stay of defendants case for restitution under section 144 of the Ci..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
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