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Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 .......R. 1944 Calcutta 385. Lawyers Involved: Kailash Chandra Vs. Nanda Kumar, AIR 1944 Cal. 385 5. Md. NurulHuq with A.B.M. Khairul Haque—For the Petitioners. Khandaker Mahbubuddin Ahmed with Md. Shafiqur Rahman—For Opposite Party Nos.1 and 2. Civil Rule No. 620 of 1...... of 1969 on 15-4-72 his petition was filed before the, District Delegate who issued notice on the Opposite Parties and proceeded with the same. Thereafter, on an application for examination of the signature of the restated in the will, the learned District Delegate passed certain orders and by the i..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
....tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
.......- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
......ort from the Police and that the defendants' action was protected under paragraph (b) of clause (2) of Article 177 of the Constitution (of 1962) as the Police report was confidential in nature and no enquiry in respect of the same would have been practicable and the disclosure of the s..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......n part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......nt.
5. All enemy property vesting In the Custodian shall be exempt from attachment, seizure or sale in execution of a civil court decree or orders of any other authority."
15. The nature of the right which accrued to the Custodian by virtue of the vesting in consequence of an ord..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ......s also Reported in: 31 DLR (HCD) (1979) 407 ......bsp;of the C.P.C. for setting aside the above order. There are series of decisions that the procedure provided in the Code in regard to suits are applicable in all Independent proceedings of original nature, such as proceedings under the Provincial Insolvency Act, Guardian and Wards Act, Succession ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. .......M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ......ticulars as required by respondent No. 2. 3. In pursuance of process No.2232/77/NGR dated the 19th February, 1973, from the respondent No.2 the petitioner supplied some more particulars, namely, nature of construction of the oil storage tanks, their measurements, capacity, costs and years of co..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ......ul Islam—For Appellant (In F.A.No.17 of 1977). Ahmed Subhan, with Ataur Rahman Khan, Fazlul Karim and Fazlul Huq—For Respondents (In both the Appeals.) Appeal from original decree Nos. 16 and 17 of 1977, with Civil Rules 1039(f) and 1040(f)of 1976. Judgment ......itary Estate Officer requesting him to execute the lease-deed in favor of the plaintiff, defendant No.1 contended that he did not send any such letter, but it is the plaintiff who had obtained his signature On his letter-pad earlier, wrote and sent this letter to the Military Estate Officer. He howe..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ......gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ......can confirm or with old his confirmation and his decision shall be final. Thus the highest bidder is not invested with any legal right. As being a highest bidder he acquires, a status which is in the nature of inchoate right. Between the date of the auction and the date of the passing the order unde..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
....beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
......n the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
......authority might well feel though there was not sufficient evidence admissible under the Indian Evidence Act for securing a conviction, the activities of the person ordered to be detained were of such nature as to justify the order of detention. There would be no legal bar to the making of detention ..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ......n: 30 DLR (HCD) (1978) 75. ......pre-emption is claimed.” While examining the above question his Lordship observed:- “It is clear that there exist no definite rules of substantive law by which questions of this nature, relating to the right of pre-emption claimed under the terms of the Wajib-ul-arz, are govern..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......t there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......-expressive, Sir Lawrence Jenkins in delivering the judgment of the Judicial Committee of Privy Council in the case of Dakas Khan Vs. Ghulam Khan Qasim ILR 45 Cal 793 28 C L.J. 441 explained the nature of an entry in a record of right, as is generally understood; in the following words: &..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
....de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
...... Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......arbon copy of annexure 'X' dated 10-1-70 and the same amount has been shows as total assets and the same amount was brought as excess. Mr. Asrarul Hossain severely criticized this perfunctory nature of the discharge of function of a Statutory Body which has been invested with recommendation ..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ......1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ......It is thus evident that sections 60 and 61 are designed to secure that within not more than 24 hours of the arrest some Magistrate shall have seisin of what is going on and some knowledge of the nature of the charges against the accused, however incomplete the information may be within 24 hour..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
.... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ...... Court High Court Division (Civil Appellate Jurisdiction) Present: S.M. Mohsen Ali J Siddique Ahmed Chowdhury J Sreemati Tripti LalaKar...............................Plaintiff Appellant Vs. Govt. of the People's Republic of Bangladesh & others.............. no other house in the town or elsewhere where she can live with her husband and children. The plaintiff's husband also has no house of his elsewhere or in the town. A notice was issued on the signature of the S. D. O., Moulvibazar upon the plaintiff's husband Khitish Chandra Kar directing t..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ...... no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ......e) Rules 1960. Learned Advocate argued that the departmental proceeding started against-the petitioners under the Government Servants (Efficiency & Discipline) Rules, 1960 being quasi-judicial in nature, no other proceeding, even a proceeding under President's Order No.67 of 1972 could be le..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
.... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ...... 30 DLR (HCD) (1978) 161. ......he suit land. 2. The suit was contested by the defendants denying the material facts. According to the defendants the suit land belonged to ex-landlord in khas. Although it was previously in the nature of khal and was recorded in the C.S. khatian as khal, it became cultivable in course of time ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ......e party Judgment June 21, 1977. Result: The Rule is discharged. Cases Referred To- Mosam Khan and others Vs. The State (1969 SCMK 208); Sultan Ali Nanghiana Vs. Nur Hussain, in AIR 1949 Lahore 131; Wolverhampton New Water Works Co. Vs. Hawkesford; Novel Vs. London Expre......sal of the goods seized under the Act is left entirely in the jurisdiction of the custom authorities. The proceedings taken by the custom authorities for the confiscation of the goods are more in the nature of departmental proceedings which have been characterized in English and American jurispruden..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......ral and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......h circumstances had weighed into the mind of the detaining authority.
5. Mr. Moazzem Hossain, the learned Asstt. Advocate General appearing for the detaining authority has raised the question of nature and extent of the scope of section 491 Cr.P.C. and contended that the constitutiona..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......owed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......ection 23 states what kinds of considerations or object are lawful. It provides:— "The consideration or object of an agreement is lawful, unless it is forbidden by law or is of such a nature that if permitted it would defeat the provisions of any law; or is fraudulent or involve..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ......any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ...... agree or may not agree with the police officer. The word "cognizance" has not been defined in the Code of Criminal Procedure. Attempts have been made by some superior Courts to express the nature and implication of the term "cognizance". A Full Bench of the Calcutta High Court i..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ...... at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ......urt is also empowered to exercise the power under Order IX, rule 13. 8. From the discussions in the judgment it appears that no argument was advanced before the learned Judges regarding the nature and character of a proceeding under Order IX, rule 13 of the Code of Civil Procedur..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
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