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Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)

....zan passed on 21.9.68 in Other Suit No. 99 of 1966. Basharat Ali respondent since deceased and substituted by his heirs transferred the suit land to Abdul Quddus appellant by a registered kabala dated 20.10.1950. By a contemporaneous oral agreement entered into between the same parties the appe......y interest in such property. In this view of the matter it seems clear to me that the rule against perpetuity is not attracted in the case before me. However, the learned Advocate has referred to the decision of Md. Affan and others Vs. Tazal Hoque and 42 others reported in 27 DLR 58. In that case a..

Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4

Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)

....mes or requisition-list were not mentioned. The notice was served upon the plaintiff on 21.6.76 at 10-15 A.M. in the though 7 days prior notice red for such a meeting and the meeting was held on that date where only 5 members were present and a resolution was adopted in the meeting removing the plai......d unsatisfactory and accordingly, he was served notice on 11.7.76 as to his termination and since then the plaintiff is rot in service and the matter has been placed for approval of the Board and the decision is in process, that the plain­tiff has been legally discharged and he has no legal righ..

Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4

Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)

....b—For the State. Criminal Revision No. 7 of 1948. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the opposite parties to show cause as to why the order dated 27.12.83 and 25.1.83 passed in G.R. Case No.1046 of 1983 by the Sessions Judge Khulna should n......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.   ..

Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1

Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)

.... Syed the Shamsur Rahman- For Respondent Appeal from Apaellate Decree No.153 of 1978. Judgment Anwarul Hoque Chowdhury J. - This appeal is directed against the judgment and decree dated 26.7.74 passed by the Additional District Judge Khulna reversing those passed by the learned M...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337   ..

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)

....on-Record—For the Respondent No. 1 (In both the cases). Ex-parte.—Respondent Nos. 2-4 (In both the cases). Civil Appeal Nos. 31 & 32 of 1983. (From the Judgments and Orders dated 22-9-82 passed by the High Court Division Dhaka Bench in First Miscellaneous Appeal Nos. 490 o...... evidence in determining the disputes between the parties is very little. If, however, a portion of letter is written “without prejudice”, that portion should not also been given consideration in decision the case against the party or the other………………………(19) Lawyers Involv..

Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105

Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)

....hammad Habibur Rabman J.— This appeal at the instance of defendant 1(d) Shantipada Adhikari, a Shebayet of the deity Sri Sri Chatteswari Debi Bigraha is directed against the judgment and decree dated 31.8.1982 passed by Mr. Jalaluddin Ahmed, Subordiante Judge, 1st Court, Chittagong in Other Su......th the public donations and subscriptions received after the partial destruction by the Pak Army, the deity has been re-installed and the temple has been reconstructed and developed. He has cited the decision of the case of Raghumani Roy and another Vs. Bibhuti-Bhusan Roy and others reported in AIR ..

Category: Property Law | Date: 1 Apr, 1984 | Hits: 2

Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)

....claration of title and recovery of possession. Opposite party No.2 and petitioner are sons of Asma Khatun who has two other sons and four daughters. The suit lands which are covered by a deed of gift dated 28.7.70 purported to be executed by the plaintiff in favour of defendant No. 2 and two sale de......ree in terms of solenama. It, however, does not appear that any decree was passed in terms of the solenama. The learned Munsif dismissed the suit. On appeal the learned Subordinate Judge reversed the decision of the learned Munsif and decreed the suit. Being aggrieved the defendant No. 2 has moved t..

Category: Property Law | Date: 18 Mar, 1984 | Hits: 3

Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)

.... First Appeal No. 64 of 1975 Judgment Syed Mohammad Ali J. — This appeal is at the instance of defendant No. 1, the Trustees of the Port of Chittagong against the Judgment and decree dated 29.3.75 passed by Mr. Bazlur Rahman, Subordinate Judge, 3rd Court, Chittagong in Money Suit No......l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in:  36 DLR (1984) (HCD) 292     ..

Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3

Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)

....uo;s case was that the suit land measuring 8.11 appertains to a holding which totally comprised of 8.34 lands. The plaintiff’s predecessor Baharuddin purchased 4.24 lands by a registered kabala dated 18-1-27 from Nasiruddin and 2 others and also acquired the remaining 4.10 lands of the holding......ce and the findings of the courts below it was prima facie evident that the plaintiffs acquired right by adverse possession against the defendants and their predecessor. Mr. P.K. Bose referred to the decision reported in 7 DLR page 96 wherein it has been held by a single Bench of this court that the..

Category: Property Law | Date: 13 Mar, 1984 | Hits: 3

Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)

....on Case No. 507 of 1978. Judgment Abdul Matin Khan Chowdhury J.- This rule was issued calling upon the Deputy Commissioner, Jessore and opposite party No.2 to show cause as to why the order dated 18.3.78 passed by the Additional Sessions Judge, Jessore in Criminal Motion No.181 of 1976 dir......ssions Judge, in the facts and circumstances of the case passed on mis­conception under the scope of section 436 of the Code of Criminal Procedure. In support 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 ..

Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3

Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)

.... under section 115(1) of the Code of Civil Procedure arises out of the following facts:— 2. The petitioner transferred certain property to opposite party Nos.1 and 2 by a registered kabala dated 20.05.1970 for a sum of Tk.4,700/-. On the same day a registered deed of agreement was execute...... 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

Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)

....ee, that by reason of being enemies under the Defence of Pakistan Ordinance and Rules, 1965 the property had vested in the Deputy Custodian of Enemy Property by virtue of Notification No.1199 General dated 3.12.65 and that by virtue of Article 8 of East Pakistan Enemy Property (Lands and Buildings) ...... property which has now vested in the Government of Bangladesh by opera­tion of law is exempted from attachment, seizure or sale in execution of the Civil Court decree also finds support from the decision in the case of National Bank of Pakistan (now Sonali Bank) Vs. Kushtia Sugar Cane Mills Ltd..

Category: Property Law | Date: 4 Mar, 1984 | Hits: 4

Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)

....he plaintiff filed an application for partition through ah Advocate Commissioner. The plaintiff's prayer was allowed and a writ was issued appointing Mr. A. Rashid as Commissioner by order No. 78 dated 9.3.72. From 31.3.72 to 13.1.73, Order Nos. 79 to 86 "the Court awaited for the commissio......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   ..

Category: Property Law | Date: 24 Feb, 1984 | Hits: 2

Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)

....rs. No one—For the Opposite jarty. Civil Revision No. 1356 of 1984. Judgment Mustafa Kamal J—This rule obtained under section 115 C.P.C. is directed against the Order dated 26.6.76 passed by Mr. N.I. Khan, Munsif, Faridpur in Miscellaneous Case No.191 of 1976. 2......ed, he ought to have rea­lised that the earlier order of dismissal for default was wholly without jurisdiction. He should have retraced his steps under 151 C.P.C. I find support for my views-in a decision of the Privy Council. In the case of Raja Debt Baksh Singh Vs. Habib Shah XVIII (19,13) C.L..

Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1

Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)

.... Huq with Moslem Alt Howlader—For Opposite-party Nos.1-3. Civil Revision No. 582 of 1982. Judgment Daliluddin Ahmed J.—This Rule was issued Against the judgment and decree, dated 5.1.82, passed by the Subordinate Judge, 2nde Court, Barisal in Title Appeal No.138 of 1980 re...... learned Munsif was wrong in presuming that the plaintiffs are not in possession as they are not paying rent for a long time. Non-consi­deration of this minor aspect of the case does not make the decision of the appellate Court illegal occasioning a failure of justice. I do not find any substanc..

Category: Property Law | Date: 6 Feb, 1984 | Hits: 4

Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)

....ioners. Hemayetuddin Ahmed—For the opposite party. Civil Revision No. 77 of 1982. Judgment Daliluddin Ahmed J.—This Rule is direc­ted against judgment and decree, dated 6.11.81 passed by the Additional District Judge, 1st Court, Bakerganj in Title Appeal No.42 of......e suit is liable to be dismissed with cost. 4. The predecessor of the present learned Munif decreed the suit against the defen­dant No.6 and ex parte against the rest. Being aggrieved by the decision, the defen­dant preferred Title Appeal N. 167 of 1975 and the appellate court sent back..

Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5

Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)

.... 369 of 1983. Judgment Mustafa Kamal J.- This rule obtained under Section 115(1) and 115(3) C.P.C. as they stood on 27-10-83, calls into question the judgment and order dated 24-8-83 passed by Mr. Mahmudul Amin Choudhury, District Judge, Dhaka in Civil Revision Case No...... to appoint a mutwalli in certain cases under section 43 of the Waqfs ordinance. Any person aggrieved by such an appointment may appeal to the District Judge within a certain period and the decision of the District Judge shall be final. It has been held however that inspite of the use of t..

Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1

Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)

....e (M. Idris, J.) in S.A. No.105 of 1962 on 23.8.1965 setting aside the judgment and decree passed by Mr. Kaiser Ali, Subordinate Judge, 1st Additional Court, Chittagong in Title Appeal No.262 of 1961 dated 26.12.1961 and those passed by Mr. Md. Abdul Mhad, Munsif, 1st Court, Sadar, Chittagong in Tit......s the land adversely within the full knowledge of the previous Mutawallis from 3.5.1937 and as the present suit was filed after 12 years from 3.5.1937, it was barred by limitation. In arriving at the decision regarding the ques­tion of time from when the adverse possession of defendant No.1 bega..

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)

....n 24.08.1982 to the Court of the learned Additional Ses­sions Judge, 2nd Court Comilla, for disposal. And the transferred Court received the records of the case on 26.08.1982. Thereafter, several dates intervened and ultimately on 13.09.1982 charges under section 302/149 B.P.C. were framed again......pli­cable to new cases which were not pending immediately before the commencement of the aforesaid Ordinance No. XXIV of 1982. The learned Assistant Attorney General has lastly submitted that the decision by this Court hi Criminal Revision No.174 o 1983 is not applicable to the instant cases in ..

Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132

Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)

....om the local people whether the dacoits were recognised. 3. On the basis of this FIR. G.R. Case No.166/71 was started under Section 396 of the Penal Code. Police submitted final report dated 30-12-71. Thereafter nothing appears from the order sheet of the said ease of the Magistrate. ......close herewith a further list of genuine freedom fighters with the P.S./GR. Case/Sr. number instituted against them prior to 7-11-75 received from the Bangladesh Muktijoddha Sangsad. According to the decision taken in the above quoted memo: the Government, have been pleased to withdraw the Case/s ag..

Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2