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S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)

....of 1982 under section 24 of the Non-Agricultural 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......3 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   ...... 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   ......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)

....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   ......he 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   ......r 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   ......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)

....t for my views-in a decision of the Privy Council. In the case of Raja Debt Baksh Singh Vs. Habib Shah XVIII (19,13) C.L.J. (PC) 9 the facts were that the plaintiff was dead and it was unknown to the Judge who, dismissed the suit for non-appearance of the plaintiff. The deceased plaintiff's son ......hy;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   ......o 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   ..

Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1

Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)

....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.138 of 1980 reversing those dated 23.4.80, passed by t......sion 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   ......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   ......0/- 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.13 and Hashem ..

Category: Property Law | Date: 6 Feb, 1984 | Hits: 4

Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)

....pposite party. Civil Revision No. 77 of 1982. Judgment Daliluddin Ahmed J.—This Rule is direc­ted against judgment and decree, dated 6.11.81 passed by the Additional District Judge, 1st Court, Bakerganj in Title Appeal No.42 of 1978, reversing those, dated 30.12.77, pas­......t 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   ......cree 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   ......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)

....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 Case No. 106 of 1983. 2. The petitioner Golam Atahar Chowdhury w......er 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   ......e 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   ......so 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 Administrator passes an order under Section 32 of the Waqfs Ordinance..

Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1

Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)

....ed—For the Respondents. L.P.A No. 4 of 1966. Judgment F.H.M. Habibur Rahman J.—This Letters Patent Appeal arises out of the judgment and decree passed by the learned Single Judge (M. Idris, J.) in S.A. No.105 of 1962 on 23.8.1965 setting aside the judgment and decree passe......eal 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.       ......ismissed 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.       ......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)

....o.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 of Sessions Case No. 369/1982 as stopped and rele......ditional 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. ...... 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. ......rder of stopping the proceeding and releasing the accused-opposite-parties has been challenged in these two rules. 3. Mr. A. F. M. Shahid, the learned Assistant Attorney General has appeared for Bangladesh, the petitioner in Criminal Revision No.140 of 1983 and Mr. Azizur Rahman Chowdhury, the ..

Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132

Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)

.... Rule was issued on 23-2-81 upon the Deputy Commissioner, Chittagong asking him to show cause why the proceeding in Sessions Trial Case No. 569 of 1979 pending in the 1st Court of Additional Sessions Judge, Chittagong should not be quashed. Pending disposal of the Rule all further proceedings in the......d 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.   ......ordance 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.   ......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 state 35 DLR (A) (D) 329; Baksu Mia Vs. Government of Bangladesh 30 DLR (SC) 228. Lawyers Involved: A.K.M. Shafiqur Rahman-For the Peti­tion..

Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2

I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)

....o.9 of 1978. Judgment Mohammed Habibur Rahman J. — This appeal is directed against the Judgment and decree passed on 30.11.77 in Other Suit No. 41 of 1974 by Mr. N. Ahmed, Subordinate Judge, First Court, Chittagong in a suit for specific performance of contract in respect of sale of ......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     ......ed 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     ......CD) 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)

.... 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 appeal preferred by the petitioners and......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.       ......e. 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.       ..

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)

....r and he was vested with all the powers of management. After and he was re­lieved of his power the petitioner No.1 insti­tuted Title Suit No.209 of 1977 before, the Third Court of Subordinate Judge, Dhaka on 2.11.1977 impleading Mr. J. Ichii as the Gene­ral Manager of Taiwa Co. Ltd. as d......ing 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   ...... 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   ......Japan (hereinafter cal­led Taiwai) became a share holder of the res­pondent No.1 Company Taiwa was holding in its own name 6993 shares of Tk. 100/- each amounting to a total of Tk 699,300.00. Bangladesh share-holders were holding 19.00/ share amounting to a total of Tk. 19, 00,700.00. 5..

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     ......rits. 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     ...... 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     ......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)

.... Parties. First Miscellaneous Appeal No.22 of 1993. Judgment Mohammed Habibur Rahman J.— This appeal arises out of the judgment and order passed on 05.06.1983 by the Subordinate Judge, Cox's Bazar in Misc. Case No.6 of 1981 allowing an application for pre-emption under sect......ly 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. ......ed. 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. ......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. ..

Category: Property Law | Date: 20 Nov, 1983 | Hits: 88

Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)

....ties. Criminal Revision Case No. 61 of 1983. Judgment Mustafa Kamal J. - This Rule is directed against an order of acquittal dated 13.1.83 passed by Mr. A. H. Ahmed, Assistant Sessions Judge, Naogaon, in Sessions Case No.348 of 1982. 2. A charge was framed against the three accus......t the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......used simply on the ground of the absence of the complainant or his witnesses. (Mobarak Ali Gazi Vs. Mokbul Sardar, 23 DLR 96). 12. Recent substantive changes in the Code of Criminal Procedure in Bangladesh have not made any difference in the legal position in so far as the trial of a case be&sh..

Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4

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.         ......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.         ......s 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.         ......nt as they all raise a common question of law. 2. Dkakerwari Cotton Mills Ltd. Is the common respondent in all these applications. By P.O. No. 27 of 1972 it was nationalized and placed under the Bangladesh Cotton Mills Corporation. Article 23 of P.O. No. 27 of 1972 originally provided as follow..

Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5

Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)

.... 4 and 5 preferred Title Appeal No. 322 of 1963 and the defendant No. 2 preferred Title Appeal No. 360 of 1963 against the aforesaid judgment and decree of the learned Munsif. The learned subordinate Judge, 4th Court, Dhaka disposed of the two Title Appeals together by the same judgment and decree d......er 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 ......g 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 ......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 ..

Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3

Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)

....sion No. 59 of 1983. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the opposite party to show cause why the order dated 12-5-83 passed by the Additional Sessions Judge Court No.11 Jessore fn Sessions Case No.508 of 1982 should not be set aside and the trial of t......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.   ......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.   ......561A of the Code of Criminal Procedure. The Rule arises out of a First Information Report lodged by the complainant on 24-12-80 whereupon a case under sections 147/143/-149/448/324/323/326/302/307/34 Bangladesh Penal Code was started and the same was numbered as G.R. Case No.1595 of 1980. 3. Po..

Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1

Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)

....is Rule was issued calling upon the Deputy Commissioner, Khulna and the Opposite Party to show cause why the proceedings of Sessions Case No.119 of 1982 pending before the learned Additional Sessions Judge Court No.1 Khulna should not be quashed. 2. This Rule arises out of an application under ......ith law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38.       ...... Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38.       ......inant's son and other accused persons injured Shahid, Arshed and Ansar. 3. Police after investigation submitted chargesheet on 19.12.81 against the petitioners under sections 147/148/325/323 Bangladesh Penal Code read with section 4 and 5 of the Explosive Substance Act and 14 of the Special..

Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....d 4.8.75 is illegal, void, without jurisdiction, and ultra vires on appeal, defendant, Administra­tor, District Board, Mymensingh and also on cross-appeal by the plaintiff the learned Subordinate Judge dismissed the appeal, allowed the cross-appeal of the plaintiff and gave him all the 3 declara......ff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71     ...... suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71     .........Petitioner Vs. Mukhlesur Rahman.....................................Respondent Judgment October 30, 1983. Result: The appeal is allowed. Cases Referred To- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury 29 DLR (S.C.) 41; Bang­lad..

Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1