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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 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. 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..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....e against the rest. Being aggrieved by the decision, the defendant preferred Title Appeal N. 167 of 1975 and the appellate court sent back the suit on remand to the court of Munsif for holding a fresh trial with certain observations. Thereafter learned Munsif after fresh hearing decreed th......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)
....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 ......a in Civil Revision Case No. 106 of 1983. 2. The petitioner Golam Atahar Chowdhury was the Mutwalli of Bhatipara Waqf Estate bearing Enrolment No. E.C. 11917 on and from 30-10-74. On 23-11-81 an application was filed by Abu Saleh Chowdhury and 3 others before the Administrator of Waqfs praying ..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
.... ground of formal defect the plaintiff No.1 on 2.7.1957 was permitted by a learned Single Judge (Somnath Chakaraborty, J.) of the High Court in Second Appeal to withdraw the suit with liberty to sue afresh on the same cause of action subject to the bar of limitation. The defendants became encouraged......tary sale such as sale by Court in execution of personal decree against the manager of a religious endowment. Therefore the decision of the Privy Council in Subbaiya's case (28 C.W.N. 493) has no application in the instant case and the observation made by B.K. Mukerjea J. in Hemanta Kumari's..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)
....dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ......ly on 13.09.1982 charges under section 302/149 B.P.C. were framed against the accused-opposite parties The examination of witnesses in the trial, however, could not be started and on 07.02.1982 on an application filed by the accused-opposite-parties for stopping the trial of the case and the releasi..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
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. ......ere fact that the Government have stated that the accused are freedom fighters does not ipso facto give any indemnity for committing any offence against innocent citizens. P.O. 16/73 has no manner of application in the facts and circumstances of the present case. Cases Referred To- Syed Ma..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
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. ......fat Ali— For the Opposite party. Dr. Zillur Rahman, Dean of Law Faculty of Rajshahi University—Appeared in person. Civil Revision Case No. 192 of 1983. In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting said judgment and ord..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)
....the main application. It has been urged that in case the Sigma International Inc. is found to have been unlawfully taken in as a share-holder the next annual general meeting will have to be convened afresh to remove the legal flaw caused by the participation of Sigma International Inc. I do not thin...... & 11. Dr. M. Zahir with Mr. M. Hasan—For the Respondent Nos. 4 & 5. Matter No. 34 of 1983. Judgment Mustafa Kamal J.— On 14.9.1983 the 4 petitioners filed an application u/s 38 of the Companies Act 1913 for rectification of the share register of Alauddin and..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....shy;tiffs of that suit i.e. the present pre-emptees 1-5 withdrew their suit under Order 23, rule 1 C.P.C. and the pre-emptees were permitted to withdraw from the suit with liberty to institute a fresh suit if not otherwise barred under the law. But, in spite of such withdrawal from a suit ......Judgment Mohammed Habibur Rahman J.— This appeal arises out of the judgment and order passed on 05.06.1983 by the Subordinate Judge, Cox's Bazar in Misc. Case No.6 of 1981 allowing an application for pre-emption under section 96 of the State Acquisition and Tenancy Act. 2. On 14..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
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. .......C. 5. After a charge is framed and the accused pleads not guilty to the charge and claims to be tried, the Sessions Court shall fix a date for the examination of witnesses, and may, on the application of the prosecution issue any process for compelling the attendance of any witness or the..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. ......For the Petitioner. A. M. Nooruddin Ahmed—For the Respondent. Matter No. 18 of 1983 with Matters No. 19-23, 28-31 and 33 of 1983 Judgment Mustafa Kamal J. – These applications u/s. 171 of the Companies Act have been heard together and will be disposed o..Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5
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. ...... adjourned from time to time, and ultimately was fixed for hearing on 18-4-83 by the Additional Sessions Judge Court No.11 Jessore to whom the case was transferred. The petitioners moved an application before the learned Additional Sessions Judge Court No.11 Jessore on 12th May 1983 under ..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. ......arty to show cause why the proceedings of Sessions Case No.119 of 1982 pending before the learned Additional Sessions Judge Court No.1 Khulna should not be quashed. 2. This Rule arises out of an application under section 561A of the Code of Criminal Procedure, Petitioners' case is that one ..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 ......oceedings drawn tip by memo dated 3.6.74 and the order stopping his increments dated 26.10.74 are illegal and without jurisdiction. During the pendency of the present suit he amended the plaint by an application dated 13.9,75 and averred that he was on leave from 10.11.73 to 20.7.75 on medical groun..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....II, and III as clues may lead to surprising discoveries and may reveal facts sufficient enough to fix the responsibilities for this murder. With that hope I intend to send back the case on remand for fresh trial according to law having regard to the observation made herein." Being agg......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. ...... Shaikh Razzaque Ali with Sk. Atiar Rahman—For the Opposite Party. Civil Revision Case No. 937 of 1981. Judgment Anwarul Hoque Chowdhury J. - This rule arises out of an application under Section 115(1) of the Code of Civil Procedure filed by Mrs. Ummida Islam Khan wife..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
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 ......alia, that the opposite patties were making attempts to dispossess him from the land mentioned in the schedule to the petition and as such there was apprehension of breach of the peace. The said application was forwarded to the Subdivisional Magistrate who received the same on 14.9.82. It seems..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....ot take place and the vessel also left the territorial waters of Bangladesh. The plaintiff submits that had it been represented to the Court on 8.8.1983 that the plaintiff should be allowed to file a fresh suit on the same cause of action, if the compromise fails, the Court would have allowed the sa...... with Tofailur Rahman A. F. Hasan Ari]—For the Petitioner. Review Petition No. 3 of 1983 (arising out of Admiralty suit No.12 of 1983). Judgment Mustafa Kamal J.- This is an application for review of the order dated 8.8.1983 whereby the plaintiff's prayer for withdrawal..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107 ...... A and C of the plant or any other mark or marks, design or designs which directly conflict with or resemble the Trade Mark and Design of the plaintiff. 3. The plaintiff-respondent also filed an application under Order 39; rule 2 C.P.C. praying for temporary injunction in the above te..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
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 ......they had to file the suit for declaration as stated above. 4. The auction purchaser the defendant No. 2 entered appearance and filed a written statement stating that the plaintiffs filed several application under order 16 Rule 1 of the Code of Civil Procedure for production of relevan..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6