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Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
.... Code and prayed to discharge the rest. The learned Magistrate accepted the charge-sheet and discharged the rest 8 persons. Naraji petition of the petitioner was rejected on 9.6.83. On 12-6-83 a fresh complaint against all those 51 persons was filed by the petitioner before the Sub-Divisional M......J Arjuman Ali................................Informant-Petitioner Vs. Abdus Samad & others.................Opposite-Parties Judgment August 2, 1984. Result: The application is rejected. Lawyers Involved: Nozrul Islam Chowdhury—For the Petitioner..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....aw and acted without jurisdiction in dismissing the suit without considering its factual merit. The case has therefore to be remanded to the learned Additional District Judge for deciding the appeal afresh in accordance with law and in the light of the observations made above. 11. The appe......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
.... of the appellant. The Additional Commissioner and Ex-Officio Sessions Judge, Chittagong Hill Tracts Khagrachari and Bandarban is directed to hold retrial of accused appellant Kala Meah after framing fresh appropriate charges against him giving him due opportunity to defend himself. The trial includ......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ......o. 1 inherited the suit property from their father and they were in joint possession and there was no partition by metes and bounds or by mutual agreement. 5. The petitioner Abul Hashem filed an application on 28.7.82 before the Court for being added as a party as defendant in the suit. In the ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
..... 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 ...... of the entire homestead plot and the decree did not suffer from any illegality nor Jack of Jurisdiction in passing the decree. 14. On looking into the plaint as it is stood upon amendment by an application made by the plaintiff to insert the claim for purchase under section 4 of the ..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ......o the Chittagong Port and was about to leave the Chittagong Port after discharging 20, 000 Metric Tons of Bulk Cement Clinker to the Bangladesh Chemical Industries Corporation, the plaintiff filed an application before the trial Court under Order 38 Rule 5 C.P.C. with a prayer for issuing ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ...... is not fixed the contract would be void for uncertainty. On the other hand section 46 of the Contract Act provides that where, by the contract, a promisor is to perform his promise without application by the promisee and no time for performance is specified, the engagement must be perform..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....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 ...... on legal grounds. 3. The Arbitrators have given their award interims of their reference in this suit for passing necessary decree by the Court. In the meantime the defendant petitioner filed an application on 7.8.1979 before the District Judge, Chittagong under Section 24. C.P.C. for tran..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....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 ...... holds a quantity of cultivable land which, added, to the quanity of cultivable land, if any, held by the other members of his family, is less than three acres. (2) No Civil Court shall entertain any application or suit concerning any matter relating to the settlement, by any officer of the Governme..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
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. ...... Motiur Rahman......................................Petitioner Vs. May Industries Ltd.................................Respondent Judgment April 26, 1984. Result: The application is dismissed. Cases Referred to- Re Fildes Bross. Ltd., (1970) 1 All E.R. 923;..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... 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. ......im—For Opposite party No.1. Md. Latifur Rahman—For Opposite party No.19. Civil Revision No. 66 of 1983. Judgment Anwarul Hoque Chowdhury J.- This Rule arised out of an application under Section 115 of Code of Civil Procedure against the judgment and decree passed by t..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
....rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ......ed Magistrate by another 30 days on 28.11.83 but the investigating officer could not complete the investigation within that extended period. Investigating Officer in the meantime on 26.12.83 filed an application before the learned Sessions Judge, Khulna praying for further extension of time for..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
....oncerned. As to the purposes first mentioned nothing tangible came out form the adjournments of the hearing of the appeals since neither of the parties had even agreed to sit together and find out afresh the amount still outstanding. As to the ascertainment of the fact regarding the writing off th...... US dollar 1,90,609.05, with pendente lite interest at the rate of 71/2% and 2% liquidated interest per annum on the sum claimed including both principal and interest accrued up to date of filing the application. Respondent No. 1 succeeded, under the above-mentioned President's Order No. 128 of 1972..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
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 ......tuted and was liable to be dismissed on this score alone” Mr. S.C. Das, the learned Advocate for the plaintiff respondent after the conclusion of the arguments of both the parties filed an application before this court to allow the plaintiff, respondent to add Durgapada, Tarapada, Muktipa..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ......s doing and of the nature and effect of the transaction', but independent advice by itself is not an essential burden to be discharged, unless there are some special circumstances calling for its application, in that the donee or the transferee stood in a position of active confidence or had fid..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....ort of his contention he has relied on a decision of the Supreme Court reported in 14 DLR (SC) page 96. Relying on this decision Mr. Serajul Hoque, the learned Advocate submits that the order of fresh enquiry as passed by the Sessions Judge was not warranted. According to him the orde......tion No.181 of 1976 directing further enquiry in C.R. Case No.286C of 1976 dismissed under section 203 by the Magistrate Magura on 24.11.76 should not be set-aside. 2. This Rule arises out of an application filed by Rustom Ali on 3.5.73 to the then Prime Minister alleging that on 13.1.73 at abo..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. ......hammad, Mokbul Ahmed—For the Petitioner. Formanullah Khan—For the Opposite parties. Civil Revision No.18 (Ctg) of 1983. Judgment Md. Altaf Hossain J. - This revisional application under section 115(1) of the Code of Civil Procedure arises out of the following facts:&m..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
.... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ...... the word, ememy, as defined , in the Defence of Pakistan Ordinance and Rules, 1965. 3. The Respondent Assistant Custodian of Enemy Property (now Assistant Custodian of Vested Property) filed an application under section 47 C.P.C. stating that all the five judgment debtors had been residing in ..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
....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 ......husan Das Gupta is in fact a benami transaction and was created by plaintiffs without any consideration whatsoever. In the said suit i.e. Other Suit No. 37 of 1982 the pre-emptor petitioners filed an application on 23.3.82 under Order 1 Rule 10 C.P.C. that the plaintiffs of the said suit i..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253 ......t for declaration of title and for partition. 2. In the preliminary decree the trial Court decreed that the plaintiff would get 19th/288 share in the suit land. On 23.2.72 the plaintiff filed an application for partition through ah Advocate Commissioner. The plaintiff's prayer was allowed a..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2