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K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....eady started supplying bricks. Hence there was no question to revise the estimate. Further case of the prosecution was that under the terms of the contract the Contractor Mansur Ali had to arrange land for the purpose of brick field but without being asked by the Contractor for a brick field the...... There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ......ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.....N. 899— AIR 1924 Bal. 786; Hiralal Saha Vs. Akshary Kumar Saha, 37 CWN 766 -AIR 1933 Cal. 815; Sachi Gopinath Vs. Kukrai Prorab Chandra Saha, 38 C.W.N, 172; Baidya Natn Vs Hemanta, 40 CWN 750; Bulanda Bashini Vs. Pran Gobinda, 40 CWN 1334; Gobinda Prasad Vs. Brindaban Chandra, 40 CWN 1338; Ayya....... There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....ings as without lawful authority and of no legal effect, and have directed the restoration of possession of the property to the Respondent-Company. The subject matter is a plot of land No. 158/A-B Tejgaon Industrial Area and a rubber factory with building and machinery there......f cancellation of the lease. For these reasons this petition is dismissed. Ed. ......show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 57
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....rt and the Executing Court dismissed the petitioner's objection under section 47 of the Code on holding that the schedule of the suit premises as given in the execution case tallied with the decretal land of the premises and that there could be no bar to the execution of the decree. On an appeal aga...... were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ......ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 89
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
.... award dated 31. 12. 69 made by an Arbitrator appointed under sub-section (1) of section 91A of the Town Improvement Act. 2. The subject matter of the award consisted of Chala land i.e., high land, and nal land i.e., cultivable land. These acquired lands stand at Tejkunipara......de above is dismissed. We however make no order as to costs in all the appeals. Ed. ......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
.... actions which were commenced, prosecuted and concluded whilst it was an existing law, vide Craies on Statute law, 5th Edition pages 322-23, such being the effect of repeal under the law of England obtaining before 1889, a repeal without any saving clause used to destroy not only all rights,......has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....n Urban Immoveable Property Tax Act, 1957. (2) It shall extend to such areas as have been constituted Municipalities under the provisions of the municipal Administration Ordinance 196 land such other areas in East Pakistan as may be notified by the Provincial Government of East Pak......ll these appeals which are dismissed, but there shall be no order as to costs. Ed. ......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
....the Tarabo Union Council, Noapara hat was allowed to sit for a short period, and the permissive period expired on 13.4.72, and its continuation was illegal. It was further contended that the land was recorded in the S. A. Khatian as a secular land and not a wakf property at all. 4. ......tary compensation; with these observations, these petitions are dismissed. Ed. ...... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... of other authority under Article 12 of the Constitution of India and as such, such right can be enforced against it by a person affected." 9. Mr. Khondker has referred to Halsbury's Laws of England and, it may be noted, Halsbury's Laws of England Third Edition Volume 25 paragraph 929 provides......ult this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....bsp; Kemaluddin Hossain J: This appeal is by Special leave obtained by the Appellant against the decision of the High Court East Pakistan. Facts are that the land recorded in C.S. Plot Nos. 243, 244 and 245 measuring more on less. 1.10 acres of mouza Mohakh......for treating the matter as an appeal and dispose it of accordingly. Ed. ......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....ht to the house of his father and buried. The defence denied the prosecution case and contended that the appellants were falsely implicated out of enmity on account of litigation over land dispute. The trial ended in conviction and sentence of the appellants as stated above. ......in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... and order dated 12-8-98 which is impugned in this appeal. 3. Prosecution case briefly was this. On the date of occurrence victim’s wife was grazing her two goats in the land of the accused when one of the brothers came there, abused her and snatched the goats. Natural......th each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ...... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ..Category: Criminal Law | Date: | Hits: 59
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
.... showed that towards the north of commercial plot Nos. 18 and 21 and other plots was the Main Road No. 1 and in between the commercial plots and the said Main Road No. 1 was a large strip of vacant land and in front of those commercial plots and part of the vacant strip of land in front of those ...... Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ..Category: Constitutional Law | Date: | Hits: 138
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ccused persons along with others came to the house and said that they would compromise the matter. Consequently, a Salish was held and it was decided that the two accused would transfer .15 acre of land to the son of Asia Khatun, Accordingly, when a sale deed was being prepared on 17-4-90 police ......ismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
....59/85/3686/1 dated 18-6- 85 of the Assistant Commissioner, Settlement, Ministry of Works, Segunbagicha and it was reported that the respondent No. 2 has been possessing their respective portion of land of the holding on the basis of sale deed dated 30-1-81. It was also reported that on the death...... is also Reported in: 53 DLR (AD) (2001) 99. ....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ..Category: Property Law | Date: | Hits: 57
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
....use as to why the layout plan dated 18-10-92 should not be declared to have been made without any lawful authority and why they should not be directed not to change the nature and character of the lands earmarked in the original layout plan for community purpose, recreation and other non-residen......53 DLR (AD) (2001) 79. ...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ..Category: Property Law | Date: | Hits: 56
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....mendment to the plaint. 2. The plaintiff, initially, sought for declaration of his title to and recovery of khas possession against the defendant in respect of 0.011/4 acres of land, equivalent to 512 square feet from the extreme western portion of suit plot No.110 out of hi......Judgment December 10, 1996. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for deter...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ..Category: Property Law | Date: | Hits: 58
Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
.... Suit No. 241 of 1986 against the petitioner for perpetual injunction restraining them from interfering with his peaceful possession of the suit property and/or from forcibly entering into the suit land. Thereafter, petitioners having attempted to forcibly enter into the suit land violating the ......orted in: 53 DLR (AD) (2001) 69. ...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ..Category: Property Law | Date: | Hits: 57
Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)
....rst Court, Chittagong in Partition Suit No. 37 of 1986. 2. Petitioners filed the aforesaid partition suit alleging that one Kali Das Nath took settlement of 7.80 acres of land of the suit plot in Settlement Case No. 112 of 193 1-32 from the Government and after his deat......sp; Mainur Reza Chowdhury J &...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ..Category: Property Law | Date: | Hits: 80
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
....us Case 5 of 1984. 2. Predecessor-in-interest of the petitioners filed the aforesaid case under section 96 of the State Acquisition and Tenancy Act for pre-emption of the case land on the allegation that he is a co-sharer on the basis of a deed of gift and that the pre-empte...... Supreme Court Appellate Division (Civil) Present: Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Momtazuddin Sarker and......he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ..Category: Property Law | Date: | Hits: 65
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