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Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)

....urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......executor filed the Probate suit, being Probate Suit No.5 of 1974. Thereafter Digindra died and an application for substitution of the heirs of Digindra was filed. The learned District Judge, vide his order dated 5-4-76, held that if the executor dies before obtaining Probate it cannot be granted to ..

Category: Property Law | Date: 16 Jan, 1983 | Hits: 103

Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)

.... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96.     ......ment' in the Code means a judgment of conviction or acquittal. Every Order in a Criminal case, therefore was not a judgment. Whether a decision of the High Court Division which is neither an order of conviction nor of acquittal is judgment- The order of dismissal for default being not ..

Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1

Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)

....ner indi­cated herein-before. This application is thus disposed of accordingly. 9. Let a copy of this judgment be forward­ed to the Secretary, Cabinet Division and Ministry of law of the Government of Bang­ladesh to draw the attention of all Additional District Magistrates about the......vision No. 38 of 1982. Judgment Latifur Rahman J.— In this application under sections 435 read with 439 of the Code of Criminal Procedure, the present petitioners have challenged the order of the Additional District Magistrate, Dinajpur in appeal case No.4 of 1982 dated 11-11-82 ref..

Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1

Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)

.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267.         ......ether there is in his judgment no sufficient ground for proceeding or whether he shall send the case to the Court of Sessions. Further Enquiry after Discharge- If any one is aggrieved by an order of discharge passed by a Magistrate, although he connot file before the Magistrate a petition ..

Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1

Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)

....e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99.     ...... the lower ap­pellate Court is set aside and the judgment of the trial Court is restored. Consequently the pre-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99.   ..

Category: Property Law | Date: 24 Nov, 1982 | Hits: 2

Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)

....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70.     ......torney Gen­eral— For the State. Criminal Revision No. 40(c) of 1982. Judgment ATM Afzal J. — Accused-petitioner Abdur Razzak obtained this rule calling in question two orders. The first one is dated 13-4-82 passed by the Additional Sessions Judge, 3rd Court, Comilla i..

Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1

Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)

....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65.   ......e jurisdiction of the High Court Division under section 561A of Cr.P.C. is an inherent power which cannot be deemed to be otherwise limited or affected and this Court is always empowered to make such order as may be necessary to prevent any abuse of process of any subordinate criminal Court and to s..

Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8

New Dhamai Tea Estate Limited Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and others, 1982, 11 CLC (AD)

....does not go to show that the appellant created a tenancy in his favour by not inter­fering with it. 17. As regards the contention that the suit land being tenanted lands were acquired by the Government, it appears that no evi­dence has been given to show that the suit land falls within ...... foregoing facts and circumstances of the case we are of the view that the respondents' predecessor had no claim upon the suit land excepting as a licensee. The appeal is allowed without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of ..

Category: Property Law | Date: 6 Aug, 1982 | Hits: 3

Nurul Islam Vs. The State, 1892, 11 CLC (HCD)

....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33.   ......, Madaripur and 11 wit­nesses for the prosecution were examined by him. The Sub-Divisional Magistrate after pe­rusal of the evidence on record discharged the accused petitioner Nazrul Alam by order dated 12-8-78 under section 253 Cr.P.C. Against the said Order of discharged, co-accused Ashit..

Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1

Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)

....nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......t No.1 pur­suant to their father's contract. 5. The trial court decreed the suit, it de­clared the plaintiffs right, title and interest to 2/3rd share of schedule Kha and Ga land and ordered that they were entitled under section 4 of the Partition Act to repurchase the remain­in..

Category: Property Law | Date: 1 Jul, 1982 | Hits: 2

Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)

....ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......d others……………Res­pondents Judgment January 27, 1982. Result: The rule is made absolute. Transferee court may punish for violation of an order of injunction- Order 39, Rule 2(3) empowered the court to punish for disobedience of any ..

Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1

Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)

....sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287.           ......sition of Property Act cannot be extended under section 14 or under any other provision of the Limitation Act, 1908 which has got no application to the special statute. No scope for review of an order by which an award is made- Review is not a matter of procedure, it involves a substantive righ..

Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3

M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)

....ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......d leave to consider whether the Admiralty Court was wrong in rejecting the plaint as, in its opinion, rule 11(a), Order 7. Code of Civil Procedure does not empower the Admiralty Court to pass such an order. 7. Mr. K. A. Bakr, Counsel for the plain­tiff-appellant, submitted that the provisio..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400

United Planters And Traders Limited And Another Vs. Md. Mosharraf Hossain Knan & Others, 182, 11 CLC (HCD)

....s in the application. Their case is similar. According to them the company, Incorporated on 20th August. 1976, started functioning after purchasing Elahinoor Tea Estate and Halda Valley Tea Estate in Government auction on 14th June, 1977: that the Company had to take loan of Tk. 5, 70368/22 paisa fr......e proper forum for their adjudication is a Civil Court." 7. In Peoples Insurance Co. Ltd. V. Ms C.R.E. Wood & Co. Ltd. AIR 1960 Punjab. 388 the same views were reiterated but the. Court ordered for rectification of the register of members of the respondent Company after setting aside a..

Category: Company Law | Date: 28 May, 1982 | Hits: 3

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

....ion that the girl was aged about 17 years. The genuineness of this certificate by the Deputy Civil Surgeon, Bogra is very much in doubt. Moreover a doctor of the rank of a Deputy Civil Surgeon of the Government would not normally examine an unmarried girl without her being forwarded by the police an......a with whom she voluntarily fled away in the night of occur­rence. Accused appellant Abdul Quddus in his statement under section 342 Cr.P.C. produced a true copy of the Kabinnama dated 19-5-79 in order to show that his marriage with P.W.2 Ferdousi was solemnised and registered by the Kazi of Che..

Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1

Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)

.... of the properties. She asserted that she purchased R.S. plot No.382 of schedule (B) in mortgage execution sale. She has been possessing the same since such purchase on payment of re­venue to the Government by raising construc­tion and making improvement thereon. 6. Defendant No.16 has ......e defendants. E. That a decree for khas possession of the suit property be passed against the de­fendants." A further prayer was incorporated that defen­dants 8 to 18 should be ordered to remove at their own costs, the constructions made by their predecessor in any portion of ..

Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1

Albert David (Bangladesh) Ltd Vs. M/S Brestern Shipping Company Ltd. & others, 1982, 11 CLC (HCD)

.... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3.   ......tatement that the insured value of the goods was Tk. 3, 48,650/- is not denied. Defendant No 3 who has already made a part payment is to pay the reminder of the plaintiffs claim. 13. Hence it is ordered that the suit against defendant Nos.1 and 2 is dismissed, but it is decreed with costs again..

Category: Admiralty Law or Maritime Law | Date: 29 Apr, 1982 | Hits: 7

Albert David (Bangladesh) Ltd. Vs. M/S Brostern Shipping Company Ltd. & Others, 1982, 11 CLC (HCD)

.... at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 362, 3 BLD (HCD) (1983) 3.       ......nt that the insured value of the goods was Tk. 3, 48,650/- is not denied. Defendant No. 3 who has already made a part payment is to pay the reminder of the plaintiff's claim. 10. Hence it is ordered that the suit against defendant Nos.1 and 2 is dismissed, but it is decreed with costs again..

Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7

Albert David (Bangladesh) Limited Vs. Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, 1982, 11 CLC (HCD)

....y jurisdiction of the High Court of Calcutta. The Admiralty rules framed by the High Court of Calcutta came into operation in June 1912. The jurisdiction was preserved by section 106 of the Government of India Act, 1915 and section 223 of the Government of India Act, 1935. In 194......ficate issued there under covering the cargo were taken in the name of Bangladesh Chemical Industries Corporation A/C Albert David (BD) Ltd. and therefore the BCIC has the right to sue, if at all. In order to examine and scrutinize the claim of the plaintiff, defendant No. 3 requested the plaintiff ..

Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5

Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)

....ds expeditiously. The connected Rule for stay of further pro­ceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37.   ......shy;spondents. First Miscellaneous Appeal No. 82 of 1973. Judgment Ranadhir Sen J.— This appeal at the in­stance of the plaintiff opposite party is di­rected against the order dated 23-12-78 of the learned Subordinate, Judge on an application of the defendant under sect..

Category: Property Law | Date: 2 Mar, 1982 | Hits: 2