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Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......y were submitted were omitted from the schedule of the Special Powers Act, the question substantially is whether the offences which were committed before their omission from the schedule gave rise to rights and liabilities which can be presumed to have been destroyed by such omission. In my consider..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
..... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ......ion between a co-sharer tenant and a tenant having the contiguous land has been again pronounced in definite terms and language in subjection (5). This sub section has set forth the prior rights to purchase under section 96 it is quoted below: ‘‘(5) (a): If (i) a co-shar..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......cter contemplated by section 42 of the Specific Relief Act, it is the substance and not the form which has to be regarded. Where a person in substance asks for a declaration that he has mortgage rights to the whole sixteen annas of a property and asks it in the form of declaration that the defe..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......Since 1977 the petitioner has not received any dividends on his shares. The Managing Director has taken full control of the Company's affairs and management in complete disregard of the rights of the petitioner and other shareholders who are not relatives of the Managing Director. The ..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....ssed employee to its former office is not maintainable in law. It conceives a private individual serving another private benefits and the relationship does not involve any element other than the contractual one. In such a case, than the employee is interested only in his remuneration which can ...... 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
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....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 ......y committed, but that section could be properly invoked and, apart from points of procedure and otherwise, should be taken advantage of. It/was further, held that "the principle of forfeiture of rights in consequence of a default in procedure by a party to a cause is a principle of punishment i..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 ......e 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 Ali, the predecessor of defendant Nos.14-21 took pattan of so..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 ......ssion. 18. So. on consideration of evidence on record and the relevant laws, I find that the plaintiffs have been in uninterrupted actual physical possession of the suit land asserting their own rights and against the right, title 5 and interest of the original owner since the date of their pur..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ting 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 ......itioners have not all been helpful in this regard. It does not seem to be reasonable, therefore, that a share holder of 3 years, standing should be debarred, albeit temporarily, from exercising their rights as share-holders, on the strength of same vague and unspecified allegation, that the petition..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ......ncluding the place where he died. 11. The scheme and purpose of an Act is to be gathered from a reading the enactment as a whole and its purpose and the mischief it sought to remedy and the rights it sought to spell out is and must be remembered as a guiding factor in interpreting an ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193 ...... published and accepted under the provisions of State Acquisition and Tenancy Act as final. There are two provisions under the State Acquisition and Tenancy Act regarding preparation of the record-of-rights. Under section 19 of the State Acquisition and Tenancy Act in view of the notificat..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ......n the same sense. The word 'decree' is defined in the Code and it means "the formal expression of adjudication which so far as regards the Court expressing it conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......reed to be given to the contract and its terms, the question of their being in Pari delicto would not arise. 13. Thus, if parties having entered into definite and distinct terms involving strict rights, by representation induced and misled the other party in believing that the strict rights ari..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
....ease. I can see no logical difference between frustration of a demise charter party and frustration of a lease. In principle the doctrine should be equally capable of universal application in all contractual arrangements." 21. It must, however, be mentioned that though the doctrine of ......rty Act are as follows: "108. In the absence of a contract or local usage to the contrary, the leasor and the lessee of immovable property, as against one another, respectively, possess the rights and are subject to the liabilities mentioned in the rules next following, or such of them as..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ......nistered in her interest. Narayan Kumar Datta or any other member of Hindu Community, who is interested for the plaintiff deity may also act in matter of making necessary correction in the records of rights of the suit property on behalf of the plaintiff in the Government sharista and settlement off..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ......ment of rent for which he got dakhilas from the Government. The defendants constructed 3 huts of golpata in Asar, 1367 B.S. on 10 decimals of land and got this piece of land recorded in the record of rights prepared after State acquisition. Hence the suit. 4. Defendant Nos.1 and 2 contested the..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ......t none of the parties was in possession or he was unable to satisfy himself as to which of the parties were in possession he may attach the property until a competent Civil Court would determines the rights of the properties thereto or the persons entitled to possession thereof. Converted or Ex..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......ntended that a great number of Rent-receipts, Ext. 3 series, showing payment of rent by Kalicharan and thereafter, by his son, Pati Ram, both before and after the State Acquisition, and the record-of-rights, namely, S.A. Khatian in favour of the respondent, have been brushed aside by the learned Dis..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ...... been held that the writ jurisdiction exercised by the High Court is an original jurisdiction, that the proceedings before the High Court in exercise of its writ jurisdiction for enforcing civil rights are proceedings in the Court of civil jurisdiction and that as such section 141 of the C..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132