Search Options
Judgment Advanced Search
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....ecree sought for. 4. The learned Subordinate Judge framed the following issues for determination in the case :-- 1. Is the suit maintainable in the present form? 2. Is the suit bad for defect of parties? 3. Has the plaintiff any cause of action? 4. Is the defendant successor......iability attached to the same has not vested in the defendant. 16. Learned Advocate for the appellant has argued that the Imperial Chemical Industries (Pakistan) Ltd. has not been impleaded as a party and that the suit suffers from defect of parties. There is also no substance in this contentio..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. ......ed: K. Z. Alam with Mir Hashmat Ali— For the Petitioner. Sultan Ahmed with Md. Ansar Ali, Md. Bashiruddin Mia—For the Opposite Party. Md. Marfat Ali— For the Opposite party. Dr. Zillur Rahman, Dean of Law Faculty of Rajshahi University—Appeared in person...Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....decision of the Courts below is contrary to law or that it has failed to determine any material issue of law or that it suffers from any substantial error or effect in procedure producing an error or defect in the decision of the case on merits. The appeal, therefore, fails. Parties are ma......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)
....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. ......ies Judgment November 20, 1983. Result: The appeal is dismissed. Evidence Act, 1872 (1 of 1872); Section 21 & 145. Acceptability of previous statement— A party's previous statement regarding a fact in issue is relevant and can be used against him if ..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)
....sp;163 elaborates one of such circumstances. Sections 164 and 165 deal with the from and section 166 deals weigh provisions as to applications for winding up. Section 167 lays down the defect of a winding up order. Section168 determines the commencement of winding up by the Court...... in- opposition in all these Rules. Various contentions have been raised by the said respondent against the light of the plaintiffs to proceed with the said suits, but nothing has been said by either party as to whether any leave is necessary at all to proceed with or institute a suit against a sche..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 ......proving in a subsequent judicial proceeding the truth of facts which it states, when the witness is dead or cannot be found or is incapable of giving evidence or is kept put of the way by the adverse party or if his presence cannot be obtained without an amount of delay or expense which, under the c..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
.... 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. ...... M. A. Wahab, Deputy Attorney-General—For the State. Criminal Revision 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 ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
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. ......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
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. ......the court had jurisdiction to entertain the petition for Succession Certificate under the provisions of the Succession Act. 2. Facts leading to this rule in short are that the opposite party Sayeda Sultana Khan, second wife of late Serajul Islam Khan @ Nasu Khan filed a certificate ca..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ......ppellants also were resident of the said village Kanchana. The occurrence took place on 16.11.77 at about 7-30 A.M. For about 5/6 years before the occurrence enmity was going on between the informant party and the accused persons. On 31.11.77 some of the accused persons assaulted deceased Kabir Ahme..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......te Party Judgment October 19, 1983. Result: The rule is discharged. Lawyers Involved: Fazlul Karim—For the petitioner. Mujibur Rahman—For the opposite party No. 4. Criminal Revision No. 192 of 1983. (Arising out of Criminal Motion No.158/83..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ......ers held and possessed jointly in a suit for partition is a rule of equity and which could be relaxed when a partition might be necesesary for ends of justice and without causing any prejudice to any party. A rule of equity as opposed to a rule of law shall be applied on the convenience of the parti..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ......ds for not filing the appeal before District Judge in time for which the delay ought to have been condoned. 6. Mr. Shaikh Razzaque Ali the learned Advocate has appeared on behalf of the opposite party No. 1. He submits that the learned lower appellate court was perfectly justified in dismissing..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
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 ......iction) Present: Md. Abdur Rouf J Haladhar Dutta...........................................Petitioner Vs. Abdul Rob Chowdhury & others...........................Opposite party Judgment September 29, 1983. Result: Rules are made absolute. Demarca..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. ......ssed the decree or made the order has ordered notice to issue under rule 4, sub-rule (2), Proviso (a). It is his contention that once the predecessor Judge issues the notice of review to the opposite party, his role is practically over and the successor Judge can review the decree or order on any of..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. ......dmitting the oral evidence in any violation of the Provisions of Section 92 of the Evidence Act as contended. 7. In the instant case, there are facts which are not disputed by either of the party namely that the original tenancy belonged to the plaintiff's predecessor Janab Ali Biswas ..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ......tiffs have shown by documentary evidence that they have acquired good title to the suit land from the heirs of Abdul. According to the accepted principle of law possession follows title. When neither party can prove either's possession in the suit land the plaintiffs having title to the suit lan..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......-production, an inference not unnaturally arises, either that the letter, if written, does not contain that which it is represented to contain and therefore, that it would not suit the purpose of the party to produce it, or that no such letter ever existed….(7) Cases Referred To- 30..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
..... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ...... on the one hand and other types of contract on the other can undoubtedly create anomalies. Thus if a ship is demise-chartered for the purpose of storing oil and explodes without fault of either party, the demise charter would clearly be frustrated. If the same demise charterer also leases an ..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......ent: Mohammad Habibur Rahman J Mustafa Kamal J Maqsood Alam…………………………………………Petitioner Vs. K.M.J. Akbar, Commodore & others……………..Opposite-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27