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Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......cessor of the respondent, purchased C. S. Plot No. 495 from one Upendra Nath Das by a registered kabala on 3-10-58 for a consideration of Tk. 2000/- that the appellants were owners of the lands contiguous to the said plot and as such were entitled to pre-empt the said land under sectio..Category: Property Law | Date: | Hits: 54
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....ame entered in the record of rights. Defendant got the ex-parte decree, as his name was omitted from the record of rights. His claim is that in Baishak 1350 B.S. corresponding to April 1973, he got settlement of the land from Nalini and Sarala, on the basis of Lakhila and has been in possession si...... Demands Recovery Act, 1913 are involved. Facts material for the appeal are that dispute between plaintiff appellant, Golam Hafez Mia, and defendant respondent, Khadem Ali Meah centres round the land belonging to Nalini and his wife Sarala. They left the country for West Bengal in 1962. Their r..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....ent of a security respecting repayment of loan. Such a dispute can .be litigated in the ordinary courts of country in accordance with the ordinary judicial procedure. For the purpose of expeditious settlement of a claim and in order to avoid delay which is inevitable under the ordinary procedure, ......m is a question of law the submission of legal argument by the parties and (iv) a decision which disposes of the whole matter by a finding upon the facts in dispute and an application of the law of land to the facts so found, including where required a ruling upon any disputed question of law. A..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e recovery of a loan advanced before or after the commencement this Act; (b) for the enforcement of any agreement entered into before or after the commencement of this Act, whether by way of settlement of account or otherwise, or of any security so taken in respect of any loan advanced wh...... had executed on 37th of Aswin, 1374 M.E. a kot-mortgage in favour of Abdul Karim Chowdhury, predecessor-in-interest of the defendant-appellant for a sum of Tk. 1500/- The possession of the mortgaged land including the land of schedule 1 (kha) was given to the mortgagee. The stipulation was that if ..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ...... and 2 was stayed. 2. The appellant instituted a suit in the Court of the Subordinate Judge, Khulna being Title Suit No. 1000 of 1966 for specific performance of a contract for sale of land against Respondents No. 1 and 2, the two brothers, who appeared in the suit and filed two sepa..Category: Property Law | Date: | Hits: 61
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....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. ......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..Category: Criminal Law | Date: | Hits: 69
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
.... disputes amicably without being hampered by the rules and procedures prescribed by the Code of Civil Procedure. When the parties agree to refer a dispute to arbitration all facilities for amicable settlement of the dispute should be provided and the parties should be left to proceed unhampered ......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....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. .......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..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 57
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....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. ......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..Category: Tenancy Law | Date: | Hits: 89
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....the Union having subsequently come to an agreement executed on 17-2-67, a Memorandum of Settlement signed by both the parties setting out a policy of retrenchment. In accordance with the said settlement, as claimed by the Company, 50 out of 149 clerks, who were served with retrenchment orde......eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....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. ...... 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..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....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. ...... 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,..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....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. ......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..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... 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. ......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. ..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....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. ...... 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..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....sit every subsequent amount of rent which becomes due in respect of such premises until such doubt has been removed or such dispute has been settled by the decision of any competent court or by settlement between the parties, within a fortnight of the date on which such rent becomes due or ......lant's title in an affidavit sworn by him in his Writ Petition No. 524 of 1964 before the High Court. It was also held that the said deposit of rent did not discharge his liability to pay rent to the landlord. He was, therefore, a defaulter and liable to be evicted. On appeal, the judgment and dec..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 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. ......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. ..Category: Criminal Law | Date: | Hits: 61
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... 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. ...... 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..Category: Criminal Law | Date: | Hits: 59
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