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Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....fter her marriage elsewhere and that the suit was not brought by the defendants namely the stranger purchaser and therefore the plaintiffs' claim under section 4of partition Act could not be legally maintained. The third point of objection was that the learned Munsif did not himself assesse....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....bsp;14 of the Arbitration Act for a decree interims of the award. 2. The defendant petitioner filed written statement in this suit challenging all the facts and calling in question award on legal grounds. 3. The Arbitrators have given their award interims of their reference in this su......are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....reafter they instituted other suit No.39 of 1969 for a declaration that the order of settlement in respect of 6.60 acres of land in suit In favour of the respondents Nos. 4-7 was void and illegal. The respondents contested the suit. The Trial Court dismissed the suit and the judgment of th......will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....aintiff filed a suit, being Title Suit No.324 of 1976 in the Court of Munsif for a declaration that the resolutions adopted by the Managing Committee of the Agarghata High School in removing him is illegal, ultra vires and that the plaintiff is still in service. The plaintiff's case is that he i...... 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
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....re as the terms of the document cannot be varied, contradicted or added by extrinsic oral evidence unless the evidence is lead to show the invalidity of the document, caused by fraud, intimidation, illegality, want of due execution, want of capacity of any contracting party, failure of consideration......d have been done if he was in fact a tenant, a lessee as to plot No. 1292. It is true that non-payment of rent alone will not extinguish tenancy but when it is a question of the very existence of the status of a tenant payment of rent would be relevant as conduct subsequent of the parties concern. I..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
....dice" is not without controversy. It is, therefore, necessary to see to what extent "Ext. 7(d) can be allowed to be used against the appellant. Can it be used for any collateral purposes? The legal position of a letter written by the appellant with the words "without prejudice" is to be un...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....ebaits are not willing to do so. 4. Appellant Defendant 1(d) Shantipada filed written statement to effect that Sree Sree Chatteswari (kali) Devi is a private family deity. The deity has not been legally and properly represented as the last Shebayet late Prankrishna's widow Sreemati Annapurn......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
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....llip;……Respondent Judgment March 21, 1984. Result: The appeal is allowed. Non-compliance of the positive requirements of law in the matter of service of summons legally amounts to non-service of summons. Where a summons is returned under rule 17, the Court......istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....lso acquired the remaining 4.10 lands of the holding by exchange from Baharullah by a deed of exchange dated 22-2-28. Since then he was in rightful possession and upon his death the plaintiffs as his legal heirs have been in rightful possession of the said land out of which only 20 lands were allowe......669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....l Procedure and obtained this Rule. 3. Mr. Serajul Hoque, the learned Advocate has appeared on behalf of the petitioners. He submits that the order of the learned Sessions Judge is wholly illegal as he passed an order of further enquiry into the matter although the complaint petition was d......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. ..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....t for redemption arose in May 1977 and the plaintiff had filed the suit in 1981.Evidently there is no question of limitation. The suit is within time. On the admitted facts of this case and legal position explained above the plaintiff was entitled to a decree for redemption and restoration...... 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
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
....ed the said suit with a fraudulent design to defeat the claim of pre-emption of the petitioners, that the plaintiffs are not the real plaintiffs and are merely name lenders, that the petitioners have legal right to preempt, that in the facts and circumstances of the case the petitioners are vitally ......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
.... the Sadar Munsif, Faridpur praying for a decree of ejectment from the suit premises. During the pendency of the said suit Poet Jasimuddin died on J4.3.76 leaving behind the 7 petitioners as his legal heirs who are sui juris. 3. The suit was fixed for hearing on 6.4.76. On that date Mr, Md......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 ..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....ed that the plaintiffs have been possessing in the suit land on the basis of Nim-Howla right as before." The finding of the appellate Court is based on cogent reasons and I do no find any illegality in the judgment. 13. The last point argued by the learned Advocate for the petitioner ......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)
....ant opposite party No.1 denied the oral lease and maintained that the registered kabuliyat, Ext. 2, was fraudulent and void. 6. The appellate court on consideration of evidence on record and the legal aspect of the case has found that the kabuliyat, dated 25.1.66, Ext. 2, is hit by section 75-A......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 ..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....hearing of Civil Revision Case No. 106 of 1983 he could have prayed before the District Judge himself for converting the revisional application into an appeal, but he chose to contest the matter on a legal ground. 12. After having lost the legal battle it does not lie in his mouth now to pray f......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)
.... son Fakir Mohammad Chowdhury became a joint Mutawalli with his uncle Yousuf Ali Chowdhury. Yousuf Ali Chowdhury and Fakir Mohammad Chowdhury as Mutawallis mismanaged the wakf properties. They illegally transferred some wakf properties, allowed some wakf properties to be sold away in auction an......f the possession of defendant No.1 and that by the orders of injunction and by stay of defendants case for restitution under section 144 of the Civil Procedure Code the Court s simply maintained status quo. With the above findings the learned Munsif observed that as defendant No.1 began to..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....cused 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 suit, prosecution or other legal proceeding shall lie in any Court against any person for or on account of or in respect of any......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. ..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....of the provision of Article 4 of President's Order No. 12 of 1972 the period between 1.3.71 to 1.3.72 (both days inclusive) shall be excluded computing the period of limitation prescribed for any legal proceeding. If this period is excluded, the suit is well within time even from the date of con...... 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 ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
....circumstances the Court concerned could still pass any declaratory decree in the suit under section 42 of the Specific Relief Act involving any personal entitlement of plaintiff to any legal character or to any right to any property. The Dean of Law Faculty is not claiming against the...... 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. ..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2