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Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... 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. ......sion and none fought but the suit on such an issue. Further, though an entry in khatian is not an evidence of title, it would be a prima facie evidence of possession. Possession is so recorded in the Government record in the name of defendant No.1 and not in the name of the plaintiff. This the Court..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)
....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)
....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)
....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)
....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......compensation at the rate of 10/- per annum from the date of institution of the suit till recovery. 2. The plaintiff alleged in the plaint that he was deputed to England by the then East Pakistan Government inter alia for training under the Colombo Plan for one year from 28.9.69 to 23.9.70. Out ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....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)
....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)
....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......ny land covered by a usufructuary mortgage after the expiry of the period of such mortgage, the mortgagor may apply to the Sub divisional Magistrate or to any officer authorised in this behalf by the Government, for such redemption or restoration and, on such application and, in the case of red..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
.....) 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......ustodian shall be exempted from attachment, seizure or sale in execution of a Civil Court decree or 'orders of any other authority." That enemy property which has now vested in the Government of Bangladesh by operation of law is exempted from attachment, seizure or sale in ex..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)
.... 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)
.... 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
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....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......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 ..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 ......ntiffs got -/10/- annas share in the 'Ka' schedule property and have been possessing the same. 4. During the S.A operation the land was wrongly recorded in the name of the defendant No.1 Government of Bangladesh as khas land. On the basis of erroneous record of rights, the defendant No...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 .......66, Ext. 2, is hit by section 75-A of the State Acquisition and Tenancy Act, 1950 (herein after called the Act) and the said lease was null and void and as such the land stood forfeited to Government. Mr. Abdul Quay urn, the learned Advocate for the plaintiff-petitioners, has frankly admi..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....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......nistrator of Waqfs is not a subordinate Court of the High Court Division or of the Civil Court. 4. The Administrator of Waqfs is appointed under Section 7 of the Waqfs ordinance by the Government. Under Section 10thereof the Administrator shall be deemed to be a "Public Offi..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
.... 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......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. ..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)
....vision No.140 of 1983). Criminal Revision No.121 of 1983 with Criminal Revision No. 140 of 1983. Judgment Sultan Hossain Khan J.—These two rules have arisen out of an order passed by the learned Additional Sessions Judge, 2nd Court, Comilla, treating the proceeding o......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. ..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....sed. 3. On the basis of this FIR. G.R. Case No.166/71 was started under Section 396 of the Penal Code. Police submitted final report dated 30-12-71. Thereafter nothing appears from the order sheet of the said ease of the Magistrate. Informant Kasem Ali's son Ali Hossain, member of...... 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 mere fact that the Government have stated that the accused are freedom fighters does not ipso facto give any indemnity ..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....le against the defendant-appellant Company. The learned Subordinate Judge rightly decreed the suit and we find no reason to interfere with the same. In the result, the appeal is dismissed without any order as to costs. The judgment and decree of the trial court are upheld and confirmed. The plaintif...... came into being. By operation of President's Order No.16 of 1972 which came into effect on 28.2.72, share-holdings and business management with all the assets and liabilities stood vested in the Government of Bangladesh. By letter Ext. D. dated 20.1.73. Deputy Secretary, Ministry of Commerce of..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
....niversity—Appeared in person. Civil Revision Case No. 192 of 1983. In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting said judgment and order dated 30.6.83 passed by District Judge, Rajshahi in Misc. Appeal No.35 of 1983 dismissing the ...... 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. ..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
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