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Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....1968 but he having failed to give the award within the prescribed period of 4 (four) months from 2-4-68, the First Court of Subordinate Judge, Dacca was moved by him for extension of time in what was registered as Miscellaneous Case No. 78 of 1968. Extension was granted from time to time and the m......ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ......ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 258
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
.... application on 2-6-59 in the 6th Court of Munsif, Barisal on the allegations that Binodini Das, the predecessor 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......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. ......e of the Subordinate 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. ..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ......n the election could not be produced by the election authority, and none of the parties to the proceeding is responsible for their non-production and even though the missing of the ballot papers is post election affair, yet what is the duty of the election Tribunal to deal with the problem in suc...... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....the dispute arose over a town property in the Dacca City situated at Bonogram lane. The plaintiff claimed the property on the basis of purchase from the certificate debtor, Kamini Kumar Mazumder by a registered kabala dated March 23, 1953. The defendant resisted the claim, on the footing of purchase......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....s father, substituted as the Mutwalli of Salamat Mia Wakf Estate (enrolled as B.C. No. 4038) by an order of the Commissioner of Wakfs, East Pakistan on April 10, 1967. According to the terms of the registered deed of Wakf dated July 1, 1930 one Salamat Mia who is the Wakf, appointed himself the ...... 5, 1967. Five days later, on April 10, 1967 the appellant applied for enrolling himself as Mutwalli. 3. On the same day the respondent No 1, Md. Khurshed Alam, had also sent one application by post to the Commissioner of Wakf to enroll him as the Mutwalli of the said Wakf Estate claimin......owdhury. L.A.48 IA 114: 26 CWN 81 ILR 48 Cal 856: AIR 1922 PC 159 S.N. Vengatagiri Vs. Hindu Religious Endum. Board reported in (1949) 1 DLR 81; Ramjan Khan vs. Obaidul Huq.reported in (1976) 28 DLR (AD) 57; and Shahzada Muhammad Umar Beg vs. Sultan Mahmood Khan and another; reported in PLD 1970-SC ..Category: Trust/Waqf Law | Date: | Hits: 182
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....ide the order of restoration of the Miscellaneous Appeal and dismissing the Miscellaneous Case No. 237 of 1970. The appellant, in the meantime, got the requisite deed of sale executed and registered through Court in Title Execution Case No. 69 of 1970 of the Court of the Subordinate Jud...... 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. ...... 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. ..Category: Property Law | Date: | Hits: 61
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....cy Act. 2. The point in dispute was whether the respondent, who was admittedly a co-sharer, did come within the period of limitation, to file his application for pre-emption. The Kabala was registered on 38-1-67, and the application for pre-emption was made on 15-4-68, and the respondent......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 44
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ......fficer concerned. The appellant's period of deputation was of three years in the first instance. It is, therefore, manifest that the appellant was an officer of the Government, as he held the post of an Assistant Registrar of the Co-operative Societies. 4. The question then...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....e Calcutta High Court, Sinha, C.J. (A.K. Mokherjee concurring) after a review of a decisions of the sub-continent sum-his conclusions in the following- "(1) In the case of a public limited Company registered under the (Companies) Act, the Company is a separate entity from its share-holders. It ......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. ......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
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
.... two co-sharers in favour of Respondent No. 3, who happens to be a son of Respondent No. 1 and the husband of Respondent No. 2, and on the basis of which the deed of exchange was executed and registered is a forged document. Respondents No. 4 to, 10 have been made defendants in th......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ..Category: Civil Law | Date: | Hits: 108
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....ly employees of the Respondent Company were retrenched by the Respondent Company in pursuance of an agreement entered into between the Respondent Company and Respondent No 2, which happens to be a registered Trade Union of the employees of the said Company. The case of the Respondent Company is ......45 clerks were concerned, they were reinstated after retrenching a new set of 45 clerks, who were originally Flat clerks and later on appointed as Shore clerks but were transferred back to the posts of Fiat clerks just before their retrenchment. Out of these 45 clerks, who were thus newly r......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
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
....;ther contended that the land was recorded in the S. A. Khatian as a secular land and not a wakf property at all. 4. The trial court found, that the plaintiffs had succeeded by producing a registered deed of wakf dated 1.4.66 in proving the creation of the wakf, and that it was enrolled ...... 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. ...... 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)
....soever. A mere glance at the various provisions of the Order under which the scheme was set up reveals that a dock labourer is employed in the reserve pool by the National Dock Labour Board and he is registered with the Board for the purpose that he is available for work. He receives payment from th......old their office during pleasure of the local authority. Employees of national corporations are not in the position of civil servants and do not hold office at the pleasure of the Crown. But if the posts of such employees are offered to them as permanent pensionable posts on conditions which inc......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)
....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. ......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. ......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)
....thening, supporting and furthering the illegal occupation of Bangladesh by such Army and rendered material assistance to the said occupation army by acts, words, signs and conduct and actively registered and sabotaged the efforts of the people and liberation struggle against the occupation ......e house of one Mahimulla at about dusk on 10th of April, 1960 for settlement of certain dispute over land. Jalil thereafter did not return home. Later his dead body was recovered and sent for post-mortem examination. As the dead body was found in an advanced stage of decomposition the ...... 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
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
.... alias Raja Mia died, handed over by PW 1 to PW 12 at 19.45 hours of March 4th, 1987 and has erroneously considered the said written statement upon which Sonargaon PS Case No. 2 dated 4-3-1987 was registered as the first informant although investigation in respect of the incident in which Driver......ash;bus, rifles, bullets and empty shell of bullet from the place of occurrence by the seizure lists prepared between 4.-00 hours and 6-10 hours of 4-3-1987 and sent the dead body to the morgue for post mortem examination at 9-45 hours of 4-3-1987. 7. At the trial charge was...... heard from PW 2 about the incident, to the investigating officer, subsequent to commencement of the investigation and, as such, the same is a statement under section 161 of the CrPC (38 DLR AD 311) 6. The High Court Division as well as the l Sessions has lost sight of..Category: Criminal Law | Date: | Hits: 74
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......LD (AD) 230 (Bangladesh Biman Corporation vs. Lt Col (Retd) Md. Zainul Abedin and ors) submits that the petitioner was in defence service and his past service was counted towards seniority in civil post and after counting it was found that respondent No. 2 has completed 25 years of service and ac...... be found that the writ petition is maintainable. 4. Mr. B Hossain, learned Advocate-on-Record appearing on behalf of the petitioner, placing the decision reported in 20 BLD (AD) 230 (Bangladesh Biman Corporation vs. Lt Col (Retd) Md. Zainul Abedin and ors) submits that the..Category: Administrative Law | Date: | Hits: 132
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
....aintiff obtained registration of the trade mark “ghori” (watch) being No. 22202 and 31329 in Class 3 from the office of the Trade Mark Registrar, Dhaka on 28-8-1992. This mark was also registered with the Controller of Patent and Design and Copyright. Plaintiff also filed an applicat......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ......e disposing of the interlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ..Category: Intellectual Property Law | Date: | Hits: 224
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....used 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 came to the spot and the accused persons fled away. An UD case was registered with police station on 17-4-90. Inquest of the dead body was held on that date at 5-00 P......refore, absence of any injury by bamboo stick did not cast any doubt in the prosecution case of murder. The injuries were noticed at the time of inquest which might have disappeared by the time the postmortem examination was done. On the question of PW 4 and PW 5 being daughter-in-law and minor ......s proved beyond reasonable 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)
.... two full brothers Md. Zafar Mia and Md. Zakir Mia. The heirs of Md. Shamsuddin received the balance consideration of Taka 10,000.00 from the said purchaser Sayeda Reba Habib and they executed and registered a sale deed in her favour on 26-5-1980 in respect of the said holding. Thereafter, Sayed....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ...... in the writ petition. 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
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