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Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ......ateable preemption. In the case of Afazuddin Mridha and others Vs. Mobarakullah and others reported in 5 DLR page 254 it has been held by this Court that a prayer of the transferee co-sharer opposite party in his written objection that she may be allowed to preempt proportionate to her share in the ..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
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. ......th Baqi Advocate— For the Respondents. 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 appl..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
....79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
......f of the guilt for contempt of cout.
15. After perusing the petitioner and the affidavits including the annexures and hearing the learned advocates we find no difficulty in holding that opposite party No. 1 Abdur Rashid Khan, the then Sub-divisional Officer, Sherpur is guilty of contempt of Cou..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......he case. It could not be said to be a finding arrived at without consideration of the material facts and circumstances on which the trial Court based its decision. The finding as no the ancestry of a party is a finding of fact and need not be very lightly interfered with on an appeal. No other ..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....rdinate Judge, on appeal though upheld the findings of the learned Munsif on limitation, allowed the appeal and dismissed the pre-emption case on the ground that the application was bad for defect of parties and that the learned Munsif failed to record any finding on the point as to whethe......tted that although written objection contains a general allegation that the application for preemption is bad for defect of parties, there is no specific allegation of non-joinder of a necessary party. Mr. Abdur Rahim has contended that the objection as to omission of a necessary party must be ..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....Subordinate Judge, on appeal though uphold the findings of the learned Munsif on limitation, allowed the appeal and dismissed the pre-emption case on the ground that the application was bad for defect of parties and that the learned Munsif failed to record any finding on the point as to whethe......Wadud Choudhury J Sultan Hossain Khan J Shahidur Rahman Molla & other……………………………Petitioner Vs. Abdul Halim Molla & others………………………Opposite party Judgment December 10, 1981. Result: The Rule is made absolute. Cases Referred..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....d that the language of clause (iv) is clear enough and it should be given its plain and literal meaning. He has submitted that no other consideration should be brought to bear on the rule which would defect the benefit given to him under the law. 19. We have thought over the matter and are incl......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......can be varied to the disadvantage of the plaintiff while decreeing the suit for specific performance of contract; (2) when there is no appeal against the judgment and Order of the trial court could a party seek a review for clarification of an incidental and consequential Order; (3) whether the new ..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......tiar Rahman) who asked them as to what had happened. They narrated the occurrence to him. At that time accused Azizul Huq managed to escape from the custody of P.W. 3 Nazrul Islam. Seeing the accused party men coming to attack them P.W. 3 Nazrul Islam went to the Police Station and lodged F.I.R. at ..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255 ......esentation, impersonation, undue influence, absence of consideration rests on the person who asserts the same and only after that burden was discharged prima facie the burden would shift on the other party to prove that it was not so. A plaintiff without proving his case prima facie would not a..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
..../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ......but they were forcibly released by an Awami League mob. One Razakar named Farhad Hossain has been kidnapped by miscreants. Khelafat Hossain therefore requested the accused to send an expert operation party to a number of villages mentioned in the letter so that the miscreants may fail to assemble an..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
.... section and sections 14 and 15 is that sections 14 and 15 deal with cases where one party to a contract is unable to perform a part of his contract owing to deficiency in quantity, defect in title or delay in respect of the time of performance. But section 16 includes an element......ions are laid down in sections 14, 15 and 16. Section 14 deals with the situations where the part left unperformed is small and admits of compensation in money. Then the Court at the suit of either party, can direct specific performance of so much of the contract as can be performed and award co..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......rcumstances of each case, but then it is not so vague as to rob it of all meanings. Malafide, must be alleged, and facts constituting malafide are to be stated, and when called upon by the Court, the party alleging malafide must establish it by affidavit or otherwise. In Order to strike down an Orde..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......e requisition and acquisition will fail on this ground alone, because the coercive power of acquisition cannot be utilised to facilitate primarily the profit making aims of an agency, be it a private party or a co-operative society. 24. Unfortunately, no material has been furnished by the petit..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
....1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
.......
“An application for the writ of the nature mentioned in the petition under Article 170 of the Constitution can only be made at the instance of a person who is himself aggrieved party and if some one who is not himself aggrieved by an action make such an application, it must be..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....on of the agreement is ambiguous and is not capable of being made certain. He has invoked section 93 of the Evidence Act and contended that as the language in the agreement is ambiguous and defective no evidence should be considered to explain its meaning or supply its defect. It was also ......ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......not say in the even of a winding-up order having been made. Again, "if....any, such liability...... is incurred by the insured, his rights......shall......be transferred to and vest in the third party"; the section does not say, "If any liability has been incurred, his rights shall he..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......306 Of 1979 affirming those dated 30.7.79 passed by the learned Subordinate, Judge, 3rd Court Dacca, in Misc. Case No.273 of 1978 arising but of Title Suit No. 140 of that Court. 2. The opposite party as plaintiff filed the suit against the petitioner for ejectment. The petitioner filed written..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......0 arising out of C.R. Case No. 1395 of 1979 are as follows :- The petitioner Rokeya Begum filed a complaint on 31.12.79 in the Court of the Sub-divisicnal Magistrate, Sunamganj, against opposite-party No.1 Shafiqur Rahman, Officer-in-charge, Derai Police Station, District Sylhet, and 19 others ..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)
....nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ...... Judge of the then High Court under section 63(3) of the Banking Companies Ordinance, 1962 (hereinafter called the Ordinance). The application was contested by the appellant who was the opposite party in the said proceeding. The judgment-debtor respondent challenged the execution of the decree ..Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2
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