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Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......hammad Abdul Haque—For the State. Criminal Appeal No. 68 of 1983. Judgment M. S. Ali J. - This criminal appeal by Tota alias Tofazzel Hossain is directed against the judgment and order dated 23.3.83 passed by Mr. S.H. Bahar, Assistant Sessions Judge, Jhenidah in Sessions Case No......Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......n the night of 3.8.80 at about 10/11 P.M. the informant, his wife and brother-in law were gossiping in their official residence when 3/4 persons focused torch light through the window and showed a bayonet and said to Dr. Rezaul Ambia that they were 'party men' and would search his residence ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
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 ......e—For Opposite parties. Civil Revision Case No. 156(C) of 1982. Judgment Syed Mohammad Ali J.- This rule was obtained by the petitioner Abul Hashem and it is directed against the order No.19 dated 10.8.1982 passed by Mr. S.U. Mahmud, Sub-ordinate Judge, Cox's Bazar in Other ......................Opposite parties Judgment July 10, 1984. Result: The rule is made absolute. Case Referred to- Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR page 239A. Lawyers Involved: S C. Das—For the petitioner. No one&mda......p; ..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 ......ot be regarded as a member of the undivided family of her father after her marriage. On the other hand Mr. B.N. Chowdhury, the learned Advocate for the plaintiff opposite party contended that in order to be entitled to make a claim under section 4 of the Partition. Act all that was ne......s Case is also Reported in: 36 DLR (1984) (HCD) 351 ......gh Court Division (Civil Revisional Jurisdiction) Present: Amin Ur Rahmnn Khan J Azizur Rahman & others...…………………..Defdt-Petitioner Vs. Jugal Kishori Sarkar & others.............Plaintiff-Opposite Party Judgm..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. ......n Limited....………………Opposite party Judgment June 12, 1984. Result: The appeal is dismissed. Whether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not a......85) 49. ......ant appellant Eastern Maritime and Trading Corporation, Djibouti, is directed against the judgment and order dated 29-1-84 passed by Mr. Md. Shamsher Ali, Subordinate Judge, 3rd Court, Chittagong in Money Suit No.3 of 1984 which is in the following terms: “The prayer for attachment before..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 ......sions above I find to reason to interfere with the impugned judgment and decree of the lower appellate Court affirming 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 ......Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......June 9, 1984. Result: The appeal is dismissed. Cases Referred to- Md. Affan and others Vs. Tazal Hoque and 42 others, 27 DLR 58; Rambaran Vs. Rani Mohit (1967) AIR (SC) 144; Gladstone Vs. A. B. M. Shayesta (1976) 28 DLR 344; Umar Vs. Fazal Din PLD 1952 Uh. 166. Lawyers Invol..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 ......lul narim—For the Opposite Party. Civil Revision Case No. 1915 of 1980. Judgment Syed Mohammad Ali J. — The defendant petitioner obtained this rule against the judgment and order No. 15 dated 4.12.80 passed by Mr. M.K.A. Rouf, District Judge, Chittagong passed in Miscellan........Opposite parties Jugdment May 30, 1984. Result: The Rule is discharged. Civil Procedure Code, 1908; Section 24 Transfer of suit when should be allowed – Ordinarily the plaintiff as the arbiter it is has the right to choose his forum and the courts should b...... Court High Court Division (Civil Revisions Jurisdiction) Present: F.H.M. Habibur Rahman J S. Mohammad Ali J Abdul Jaher.......................................Petitioner Vs. Abdul Kader & others...........................Opposite parties Jugdment..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 ......hittagong and the Board of Revenue against the settlement in favour of respondent Nos.4-7 unsuccessfully. Thereafter 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 w...... Case is also Reported in: 36 DLR (1984) (HCD) 232 ......rt High Court Division (Civil Revisional Jurisdiction) Present: Md. Altaf Hossain J Mokbul Ahmed and others....…………………..Petitioner Vs. Bazal Ahmed & others...........................Respondent Judgment ..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. ...... up and a liquidator be appointed to take over the Company's assets and liabilities and distribute the same to the shareholders. The petitioner has made two alternative prayers: (1) To issue such order or orders regulating the conduct of the Company's affairs or otherwise as shall be ju......ior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......nbsp; ..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. ......by saying that it is the personal affair of an individuals or same individuals whose representative he is and he is prepared to pay the dismissed employee, the necessary compensation if the order of dismissal is ultimately found to be illegal and this is-nobody else's business to be bo......Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: The Rule is discharged. Cases Referred to- Short Vs. Henderson Ltd.; Gould Vs. Minister of National Insurance, All England Report 1941 (Vol.1); Bangladesh Small Industries Corporat......reme Court High Court Division (Jessore Bench) (Civil Revisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Sarder Ahmed Ali................................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment ..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. ....... Wahab—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 sh...... with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ......resent: A.M. Khan Chowdhury J M.S. Ali J Rafiqul Islam & others……………………………………Petitioners Vs. Md. Abdul Hoque & another………………&he..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... 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 ...... I do not find any substance in this appeal which is accordingly dismissed. The judgment and decree of the Court of appeal below are upheld in the facts and circumstances of the case there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. ...... Case is also Reported in: 36 DLR (1984) (HCD) 337 ...... annas share by inheritance which was sold to defendant No.1 by two kabalas dated 29.1.37 and 3.5.38 respectively. But their sale deed did not include plot No.1290 and which they got by exchange from one Jalaluddin and others prior to C.S. operation They have been living there by erecting house and ..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 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. ......it under Article 20 of P.O. No. 128 of 1972, there cannot be any doubt regarding the validity of such claim. No serious attempt was, however, made by the appellant's Counsel to prove the contrary. In order to establish that the vesting of all undertakings of the PICIC in the Sangstha had been validl....... This Case is also Reported in: 37 DLR (AD) (1985) 47. ...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. Haque Brothers (Carbide) Ltd. ...............Petitioner (In both the cases) Vs. Bangladesh Shilpa Rin Sangstha & others. .........Respo..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 ......ion to execute and register a sale deed in respect of the suit land on receipt of Taka 47,000/-from the plaintiff and in the event of failure on the part of the defendants to do so within fixed date, order may be passed for execution and registration of the kabala through court on payment of the bal...... Ahmed—For the Appellant. S. C. Das—For the Respondent. F. A. No. 17(C) of 1982 with C.R. No. 262(F) C/82 Judgment Mohammad Habibur Rabman J.— This appeal at the instance of defendant 1(d) Shantipada Adhikari, a Shebayet of the deity Sri Sri Chatteswari Debi Big...... appeal is allowed. Cases Referred to- Raghumani Roy and another Vs. Bibhuti-Bhusan Roy and others, AIR 1936 (Cal.) 256 ; Pratap Vs. Sree Iswar Gopal Jiew, AIR 1944 (Cal.) 211; Profulla Chorone Requitte and others Vs. Satya Charan Requite, AIR 1979(SC) 1682. Lawyers Involved: B. ..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....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. ......e him to be so examined by another Court, touching his proceedings, and may make such further inquiry in the matter as it thinks fit; and shall either declare that the summons has been duly served or order such service as it thinks fit. This is certainly a mandatory requirement of law and if it......s Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ......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
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....foresaid (if his address is known) by letter sent to his address by post or otherwise, that the liability of the Board, if any, in respect of such good has ceased to exist and such notice may also be published in one or more daily newspapers shall specify as far as possible the number marks and desc......nformed him that due to disturbance in the country the car could not be taken delivery and the said car was not traceable in the said port area. Subsequently he received information that the delivery order could not be issued as the defendant No.3 did not receive the original Bill of Lading. He stat...... (Civil Appeal Jurisdiction) Present: Mohammad Habibur Rahman J Syed Mohammad Ali J Trustees of the Port of Chittagong.......................Appellant Vs. K. Mahbub Hossain & others..............................Respondent Judgment March 14, 1984. Resu......l 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. 130 of 1972. The respondent No. 1 as plaintiff instituted Money Suit No.130 of 1972 in..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ......manent injunction while the learned Subordinate Judge having ignored the material facts passed a wrong decree by dismissing the suit for injunction. The appeal is accordingly allowed without any order as to casts. The judgment and decree passed by the learned Subordinate Judge is set aside and ...... (HCD) 242;4 BLD (1984) 127 ......ly in due process of law. Even the rightful owner cannot evict him with force. If he cannot be evicted with force he continues to be in possession and he can resist invasion of his possession by everyone including the rightful owner. If the rightful owner threatened his possession he can pray for an..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....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. ......Revision 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 19......titioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......igh Court Division (Jessore Bench) (Criminal Revisional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Nurul Islam & others....................................Petitioner Vs. The State...................................................Respondent Judgm..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. ......ion and, in the case of redemption, also on payment by the applicant of the amount due to the mortagee under the said proviso, the Sub divisional Magistrate or the officer so authorised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to de......wn costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ...... DLR (1984) 90. ..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 .......) of 1970 And C.R. No.27 (P.M.) of 1975. Judgment Mohammed Habibur Rahman J.—Decree holder appellant Priyatosh Talukdar has preferred this appeal against the judgment and order passed by Mr. A.Z.M.H. Alam, Sub-Judge, First Court, Chittagong on 28.1.70 in Misc. Case No.47......sh Talukder.................................Appellant Vs. Asstt. Custodian of Enemy Property.............Respondent Judgment March 4, 1984. Result: The appeal is allowed in part. The Rules are discharged. Cases Referred to- National Bank of Pakistan Vs. K......e-holder appellant Priyatosh Talukdar as plaintiff filed Mortgage Suit No. 43 of 1964 era 21.4.64 in the First Court of Subordinate Judge, Chittagong against judgment debtors 1-5, the 4 sons and one widow of mortgagor late Umesh Chandra Cbowdhury and obtained ex parte preliminary decree O'B..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 ...... that the petitioners have legal right to preempt, that in the facts and circumstances of the case the petitioners are vitally interested in the result of the suit and that for the ends of justice in order to avoid multiplicity of judicial proceedings, the pre-emptor petitioners should be added as d......n (Civil Revisional Jurisdiction) Present: Md. Habibur Rahman J S. Mohammad Ali J S Joga Maya Debi & others.............................Petitioners Vs. S.D D. Singh Hazari & others........................Opposite parties Judgment March 4, 1984. ......ourt High Court Division (Civil Revisional Jurisdiction) Present: Md. Habibur Rahman J S. Mohammad Ali J S Joga Maya Debi & others.............................Petitioners Vs. S.D D. Singh Hazari & others........................Opposite parties Ju..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
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