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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 ......Chatteswari Kali Devi is a family deity of the heirs of late of Pran Krishna Adhikari, that the Committee collusively formed by the defendants is illegal, is valid and void, that the committee has no power to transfer any property of the deity and that he is entitled to get his share of the pala (of..................Appellant Vs. Shirih Chandra Das & others..........................Respondent Judgment April 1, 1984. Result: The appeal is allowed. Cases Referred to- Raghumani Roy and another Vs. Bibhuti-Bhusan Roy and others, AIR 1936 (Cal.) 256 ; Pratap V......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
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 ......f the goods by port and paper publication whenever any goods are removed and also provides for charging in case of removal of goods for warehousing or open storing , Section 64 of the Act empowers the Port authority even to sell the goods at the expiration of two months from the time when ......agong in Money Suit No. 130 of 1972. The respondent No. 1 as plaintiff instituted Money Suit No.130 of 1972 in the Third Court of Subordinate Judge, Chittagong for satisfaction of his claim amounting to Taka 14,108.22 paisa as market price of the Car and interest by way of compensation at the rate o......ls the defendant No. 3 & 4 against whom decree was also passed have not filed any appeal or cross objection. But in view of Order 41, Rule 33 C.P.C. this Court as an appellate Court can grant that relief to the respondent although they have not filed any appeal or cross-objection. Orde..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....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. ......will be exhausted if it is exercised once. The jurisdiction which the court granted to the Magistrate by section 252 and 253, Criminal Procedure Code having been exhausted it is for him who invokes a power of revival to establish such power. In the absence of a specific provision the power shall be .............Petitioner Vs. The State...................................................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. Li......r 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 exercised once. The jurisdiction which the court granted to the Magistrate by section 252 and 253, Criminal Procedure Code having been exhausted it i..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
.... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ......he officer so authorised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents in his possession or power relating to the mortgaged land by such date as maybe fixed in the order." 6. Mr. For............Petitioner 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....... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
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 ......e Mr, Md. Sakhawat Hossain, the learned Advocate for the plaintiff submitted an application stating that the sole plaintiff was dead, .without stating the date of death. He further stated that as bis power to work as the advocate for the plaintiff had ceased, he was unable to take any step in t......Md. Sakhawat Hossain, the learned Advocate for the plaintiff submitted an application stating that the sole plaintiff was dead, .without stating the date of death. He further stated that as bis power to work as the advocate for the plaintiff had ceased, he was unable to take any step in the cas......of a suitor were inapplicable to a situation when the suits, was dead. Upon'being pointed out the mistake it was duty of the Court to rectify it, the application of substitution should, have been granted and the suit should have been proceeded with. It was also held that quite apart from section..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 ......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 ......unsif, 1st Court, Barisal in Title suit. No.272 of 1977. 2. The opposite party Nos.1-3 as plaintiffs filed Title suit No.190 of 1975 in the Court of Munsif, Barisal for declaration of title to the suit property against the defendant-petitioner and the defendant opposite party Nos.5-31......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)
....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 ......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 .........Petitioner Vs. Satyandra Nath Halder..............................Opposite Party Judgment January 30, 1984. Result: The rule is made absolute Cases Referred to- Makbul Vs. Md. Idris (1969)21 DLR-511; Mir Laik Ali Vs. Standard Vacuum Oil (1964) 16 DLR 2......khas possession and sub-section (2) provides that any sub-letting in contravention of sub-section (I) shall stand null-and void. There was no penal provision in section 75-A of the Act at the time of granting of the impugned lease by kabuliyat, dated 25.1.55, Ext. 2. The portion "and the land s..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....der 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 ...... against the order of removal. Against the appellate judgment of the District Judge a revision lies to the High Court Division. This is a specific provision of law in a special statute. The appellate power of the High Court Division are specifically provided for in section 32 itself. ......ion) Present: Mustafa Kamal J Golam Ataher Chowdhury………………………………..Petitioner Vs. Administrator of Wakfs & others...................Opposite parties Judgment January 24, 1984. ......der 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 ..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....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. ......in his own individual capacity as the secular owner of the property. A shebait or manager has the right to alienate portions of the endowed property for purposes of legal necessity. He may exceed his powers, but if transfer of the deity's property is by the shebait or the manager as such, the tr......69=ILR 23 Mad 271 (P.C.) and 27 IA 147=ILR 37 Cal. (P.C.); Hemanta Kumari Basu Vs. Sree Iswar Sreedhar Jew, AIR 1946 Cal. 473=ILR (1946)2 Cal. 38=50 CWN 629; Hafiz Vs. Swamp, PLD 1947 (R.C) 239; Mahanto Ram Charan Das Vs. Nurangilal and others, 37 CWN 541=60 IA 124; Mahadeo Prasad Singh Vs. Karia Bh......dara Sannadhi reported in 44 I.A. 147 a suit brought by the head of a Muth to recover possession of certain land which fromed part of the endowment of a Hindu temple attached to the Muth and had been granted by the predecessor to the defendant by a perpetual rent free lease in consideratio..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....ed 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. ......th day of December, 1971, under the provisions of P.O. No.16 of 1973 the case should be deemed to have been withdrawn and the accused persons should have been discharged forthwith as the Court has no power to proceed further with the case. Article 2 of P.O. No. 16/73 reads as follows: “No...... January 3, 1984. Result: The Rule is discharged. Withdrawal of criminal Case President's Order No. 16 of 1973 Art. 2. 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 fo......ed with the prosecution and is required to discharge the accused. When such a certificate from the Government is filed by the Public Prosecutor the Session Judge has no scope to make any order either granting or refusing permission for withdrawal. The case is deemed under such circumstances to be wi..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
.... 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 ......t in writing can be taken over as abandoned property without lawfully rescinding the agreement. The agreement in the said case of Buxly Paints (Bangladesh) Ltd. was entered into after 25.3.71. If the power to cancel any allotment or terminate any allotment, lease or agreement under which any abandon......Ltd.......................Appellant Vs. M/s. G. K. Brothers...........................Respondent Judgment December 13, 1983. Result: Appeal dismissed Cases Referred to- Buxly Paint (Bangladesh) Ltd. Vs. Bangladesh, (1979) 31 DLR (AD) 266. Lawyers Inv......K. Gaznabi, the duly constituted Attorney on behalf of the Imperial Chemical Industries (Pakistan) Ltd. and Mr. M.G. Kibria (P.W.1) on behalf of the plaintiff. Ext. 2 is the receipt for Taka 33.000/- granted by Imperial Chemical Industries (Pakistan) Limited. Under terms of the sale the predecessor ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
.... 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. ......the Vice-Chancellor of Rajshahi University to make an ad-hoc appointment of an Assistant Professor in the Law Faculty of Rajshahi University on the ground that the Vice-Chancellor was not empowered to make such appointment within the four corners of the provisions of sub-section 5 of secti......f Rajshahi University under Sub-section 5 of section 12 of Rajshahi University Ordinance XXVI of 1973. This order of ad-hoc appointment of Dr. Shah Alam by the Vice-Chancellor was not acceptable to Dean of Law Faculty of Rajshahi University who challenged such order by way of institution of a s......mad Husain J.- This rule was obtained at the instance of the Vice-Chancellor of Rajshahi University against the decision of the District Judge of Rajshahi affirming a decision of a Munsif of Rajshahi granting a temporary injunction in a suit instituted at the instance of the Dean of Law Faculty of R..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)
....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 ......e and also restraining the respondent Nos. 2—7 who are the other directors of the Company from participating and voting in the said annual general meeting on behalf of and/or as proxy and/or as powers of attorney of the said respondent Nos. 8, 9 and 11. 3. On the date that the application.......................Respondent Judgment November 24, 1983. Result: The prayer accepted Rectification of the Share Register Cases Referred To- Fry, Chase National Executors and Trustees Corporation Ltd. Vs. Fry and others (1946) 2 All E.R. 106; Transatlantic Life Assu......3. On the date that the application for temporary injunction was moved, i.e. on 14.9.83 the respondents were asked to show cause by this Court why the temporary injunction as prayed for shall be granted and at the same time the respondent Nos.2—9 and 11 were restrained from participating ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....et 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. ......ourt considers that there is no sufficient ground for proceeding against the accused, then it shall discharge the accused and record the reasons for so doing U/S 265C Cr.P.C. A Magistrate has similar power U/S 241A Cr.P.C. 5. After a charge is framed and the accused pleads not guilty to th.............Petitioner Vs. Abul Kashem & others.............................Opposite-Parties Judgment November 19, 1983. Result: The Rule is absolute. Cases Referred to- Mobarak Ali Gazi Vs. Mokbul Sardar, 23 DLR 96. Lawyers Involved: Md. Ansar Ali&md......et 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. ..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. ...... of this Order, were pending in any court shall, on such commencement abate.” 3. It is clear, therefore, that in respect of scheduled industrial enterprise the Courts cessed to possess any power of winding up which became a special preserve of the Government. Even winding up proceeding pe...... Court High Court Division (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abdul Hamid.........................................Petitioner Vs. Dbakeswari Cotton Mills Ltd. & others ............Respondents Judgment November 16, 1983. Resul......up. Section 167 lays down the defect of a winding up order. Section168 determines the commencement of winding up by the Court. Section 169 deals with the Court's power to grant injunction. Section 170 deals with the Court's powers on hearing petition. Then ..Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....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 ......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 ......r 15, 1983. Result: The appeals are allowed. Admissibility of Certified copy of the registered documents --Proof of the contents of the original document- Registering Officers are to give certified copies of all registered documents which are admissible for purpose of proving the......possessed by the defendant Nos. 4 and 5. The defendant No. 2 tried to start a Saw Mill at Kaoran Bazar on the plaintiff's assurance to provide a suitable house for the purpose. He applied and was granted electric connection but as the plaintiff failed to provide house to the defendant No. 2 the ..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ......e under sections 147/148/325/323 Bangladesh Penal Code read with section 4 and 5 of the Explosive Substance Act as well as 14 of the Special Powers Act. According to him the Sessions judge has got no power to try the case. According to him the Sessions Judge is not competent to try the offences alle......ip;…………………………Opposition Party Judgment November 13, 1983. Result: The Rule is discharged. Cases Referred to- M.G. Towab Vs. The State, 34 DLR page 390. Lawyers Involved: M. A. Aziz— Fo......with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....iff'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 ......f the District Board or the Government have not yet framed any rules governing the terms and conditions of service of the employee appointed under Works Programme then the appointing authority has no power to dismiss such employees without framing rules. In other words, Mr. B.B. Roy Choudhury i......ase is also Reported in: 36 DLR (1984) (HCD) 71 ......tatutory body, namely, the District Board and being an employee whose terms and conditions of service have not yet been regulated by any service rules, the plaintiff is covered by the protection granted to him by the decision, of the Appellate Division in the case reported in 29 DLR (SC) 41, es..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ......ar only as they are not inconsistent with the provision of this Act, shall apply to the proceedings of Special Tribunals. To prevent the abuse of the process Although this Court has no power to revise any order, judgment or sentence passed under the Special Powers Act but this Court h...... Rahman J Syed Md. Ali J Abul Hossain & others............................Petitioners Vs. The State.............................................Petitioner Judgment October 25, 1983. Result: The Rule is made absolute. Section 29 of the Special Powers A......Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
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. ......eath of her husband in the Court of the learned Subordinate Judge, Khulna for the grant of a Succession Certificate as regards the assets late of the Nasu Khan under the Provision of Succession Act empowering her to realise the cash that were lying with the Daulatpur Branch, of the Sonali Bank havin......hellip;…Petitioner Vs. Salahuddin Khan & others………………………………Opposite-Party Judgment October 23, 1983. Result: The Rule is discharged. Lawyers Involved: Molla Abdus Sa......ife of late Serajul Islam Khan @ Nasu Khan filed a certificate case being Miscellaneous Case No.48 of 1980 after the death of her husband in the Court of the learned Subordinate Judge, Khulna for the grant of a Succession Certificate as regards the assets late of the Nasu Khan under the Provision of..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
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