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Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent for which the land was sold out in the execution of a rent decree and the right of redemption of the...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ......o pay the arrear rent for which the land was sold out in the execution of a rent decree and the right of redemption of the mortgagor was extinguished…….(10) In the present case the plaintiff's equity of redemption was extinguished for his own default to pay arrear rent and the..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
....(8)
Appeal from appellate decree No. 334 of 1964
Judgment
M.H. Rahman J. - In this appeal defendant No. 1 calls in question a judgment of affirmance decreeing the plaintiff's suit for partition in preliminary form.
2. The plaintiff claimed partition or schedule 'Kha'......n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......ts 1(1) to 1(4) and 1(8)
Appeal from appellate decree No. 334 of 1964
Judgment
M.H. Rahman J. - In this appeal defendant No. 1 calls in question a judgment of affirmance decreeing the plaintiff's suit for partition in preliminary form.
2. The plaintiff claimed partition or s..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
....ution calls in question an order of the Returning Officer and Secretary, Election Commission (Respondent No.1) accepting the nomination papers submitted by respondent No. 6 Major General Ziaur Rahman for election to the office of President under the Presidential Election Ordinance, 1978. 2......n objection before the Returning Officer stating that respondent No. 6, being subject to military law, is debarred from seeking any election but his objection was overruled on the strength of an amendment brought about by the Government on 28th April, 1971 in Regulation No. 293(A) of the B......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
.... of Bangladesh under the Presidential Election Ordinance, 1978, briefly the Ordinance. The petitioners are 'voters' having their names registered as "electors" in the electoral Roll for the President's Election, and their prayer is that the said Notification should be declared ......s to say, it will have effect so long it docs not come in conflict with the Martial Law. We have, in this judgment, used the expression 'Martial Law' to include the Proclamations with various amendments, Martial Law Regulations and Orders and all other Orders made in pursuance of the Proclam......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....t Badrul Haider Chowdhury J.-. This is directed against an order of conviction passed in Martial Law Case No. 6 of 1977 by Special Martial Law Court No. II, Dacca sentencing the accused to death for declaring the same to have been passed without any lawful authority and is of no legal effect an......of the High Court has not only been preserved, but recognition has been given by the proclamation of Martial Law which was proclaimed on 20th August, 1975: In the proclamation of 20th August, 1975 an amendment was made that if the incumbent is unable to discharge the functions of the office of the p......his rule was issued on 14-4-1978 and it has been fixed for hearing on 27-4-1978. 2. Facts giving rise to this proceeding are as follows: on 31-1-76 one Rahim Aktar Khatun lodged a petition of complaint before the Sub divisional Magistrate, Kishoregonj alleging, inter alia, that on 18-3-75 at ab..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....es are directed against two orders of the learned Munsif in two different proceeding under section 143A of the State Acquisition and Tenancy Act. The learned Munsif rejected the application for addition of parties in each of the proceedings. 2. One Rahul Amin Sardar filed an applicati......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......on to entertain a suit for possession of the land to which such entry relates or in respect of which such omission was made. (2) An application filed under subsection (1) shall be deemed to be a plaint and order passed thereon shall have the force of a decree under the Code of Civil Procedure, ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
...., 1960 SC 1949; Sri C.P.J. Temple Vs. Harikrishna, A.I.R. 1973 SC 2565; Roshan and others Vs. Mst. Abedur Nessa and others reported in PLD 1963 Dacca 712. Lawyers Involved: Md. Abdur Rashid for B.B. Roy Chowdhury—For the Appellants. B.N. Chowdhury—For the Respondents. ......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ...... Abdur Rashid for B.B. Roy Chowdhury—For the Appellants. B.N. Chowdhury—For the Respondents. Appeal from Appellate Decree No. 539 of 1965. Judgment M.H. Rahman J.- The plaintiffs appellant's case, in brief, is that Sarada Prosad Roy, Jnanada Prosad Roy, Promoda Pr..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....ppeal lies from that order. Dismissal under section 8B (3) of the Court Fees Act cannot be a rejection of the plaint but is a dismissal of the suit. Rejection of the plaint is provided for in section 6(2) of the Court Fees Act and that is at a time before the service of summ......missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......hmat Ali Galdar & others........................Respondents Judgment April 17, 1978 Result: The Appeal dismissed Whether dismissal of a suit amounts as a rejection of the plaint- the order of dismissal under section 8B (3) Court Fees Act is not a decree and as such ..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....1978. Result: The rules are made absolute by allowing applications. Inter-connection and inter-dependence of the two firms- The incomes of the two firms should be tagged together for the purpose of assessment. While two firms are closely interlinked in that the capital of t......re the Tribunal for referring all these cases to us. The Tribunal however did not make any reference. In the meantime section 66 of the Income Tax Act has been amended and according to this amendment an assessed or the department has got right to come straight before the High Court under s......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....lication under Order 7 rule 11 of the Code of Civil Procedure filed by the defendant. 2. Facts leading to this Rule, in brief, are that the plaintiff opposite parties instituted a suit for permanent injunction against the defendant petitioner and others. The suit was contested by the ......parties. Civil Revisional Case No.1444 of 1977. Judgment Abdur Rahman Chowdhury J.-This Rule arises out of an order passed by the learned Munsif, 1st Court, Sadar, Chittagong, allowing amendment of the plaint, impleading plaintiff No. 3 as co-plaintiff in the suit and rejecting the ap......il Revisional Case No.1444 of 1977. Judgment Abdur Rahman Chowdhury J.-This Rule arises out of an order passed by the learned Munsif, 1st Court, Sadar, Chittagong, allowing amendment of the plaint, impleading plaintiff No. 3 as co-plaintiff in the suit and rejecting the application under O..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....tion as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing up formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” ......iples which have now been well settled as to the meaning, scope and extent of section 145 Cr.P.C. The wordings of the section are same from the very beginning and remained so accepting some amendments In 1923. It may be at once noticed that the amendment was dope in 1923. In sub-section (4......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....tion as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing op formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” ......iples which have now been well settled as to the meaning, scope and extent of section 145 Cr.P.C. The wordings of the section are same from the very beginning and remained so accepting some amendments in 1923. It may be at once noticed that the amendment was done in 1923. In sub-section (4......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....No. 297 of 1963 allowing the appeal and reversing the judgment and decree of Mr. A. M. Khan, Munsif, 3rd Court, Patuakhali in Title Suit No. 299 of 1962. 2. The plaintiff-respondent filed a suit for declaration of his title in the suit land and confirmation of possession therein. His case, in b......r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ......Court, Bakerganj, in Title Appeal No. 297 of 1963 allowing the appeal and reversing the judgment and decree of Mr. A. M. Khan, Munsif, 3rd Court, Patuakhali in Title Suit No. 299 of 1962. 2. The plaintiff-respondent filed a suit for declaration of his title in the suit land and confirmation of ..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....the decision of the Subordinate Judge, Bogra, in Title Appeal No.36 of 1963 reversing that of the Munsif, 3rd Court, Bogra in Title Suit No.183 of 1961. 2. The plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the suit land by evicting the defendants......he latter providing half of the seed and paying the whole of the rent, From the condition of 'tenant' as given in section 3, clause (17) of the Bengal Tenancy Act, as it stood before the amendment of 1929, we find that a tenant means a person who holds land under another person, and is.......fendant No. 1, is directed against the decision of the Subordinate Judge, Bogra, in Title Appeal No.36 of 1963 reversing that of the Munsif, 3rd Court, Bogra in Title Suit No.183 of 1961. 2. The plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the s..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
....lthough he had been charged with some minor offence punishable by censure, stoppage of increments etc. He submitted a representation to the respondents demanding justice. Thereupon, the respondents informed him that he was in fact dismissed in connection with a different proceeding drawn on a charge......, any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......, any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
....mdash;This application by the Commissioner of Sales Tax, Chittagong Zone, Chittagong is under section 17(1) of the Sales Tax Act as amended by Finance Order, 1972. The short facts necessary for appreciating the question of law arising out of the order of the Income Tax Appellate Tribunal a......se cases which were imported after coming into operation of the Finance Act of 1964 as it has not been given retrospective effect.
In that view we answer the question in the affirmative with the amendment in question No. 2 that "the assessment not after two years but after four years"......ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....inate Judge 3rd Court, Dacca in Title Suit No. 209 of 1977. This order was occasioned because of an application under Order 7, rule 11 of the Code of Civil Procedure filed by the defendants for the rejection of the plaint filed by the plaintiff-appellant wherein prayers were made for three......at the defendant No. 1 is not the Managing Director of the Company and the impugned action of defendant No. 1 holding himself as the Managing Director of the said Company is illegal and mala fide. By amendment of the plaint a third declaration was also sought which runs as follows: That the plaintif......;& T. Rahman— For the Respondents. Appeal from original Decree No. 5 of 1978. with Civil Rule No. 122 (f) of 1978. Judgment K.M. Subhan J.- This appeal by the plaintiff-appellant is from the judgment and decree passed on 24-12-77 by the learned Subordinate Ju..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... Govt. of Bangladesh...............................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; A.I.R. 1967, SC-1264; (P.L.D. 1958, S.......dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ......ainst him under the Government Servants (Efficiency and Discipline) Rules, 1960 on an allegation that he had disobeyed the order of his superiors to send a "parawise statement with regard to the plaint" of a civil case, Misc. Case No.104 of 1975 which was pending against the Government in ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... Govt. of Bangladesh..................................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; Golam Sarkar Vs. Pakistan PLD 1962, S.......s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ......ainst him under the Government Servants (Efficiency and Discipline) Rules, 1960 on an allegation that he had disobeyed the order of his superiors to send a "parawise statement with regard to the plaint" of a civil case, Misc. Case No.104 of 1975 which was pending against the Government in ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the plaintiffs as set out in their plaint is that plaintiffs Nos. 8-18 along with proforma defendants Nos. 2-5 were proprietors of revenue paying estate comprised in touzi No. 7414 of F...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......4 of 1962. Judgment Shahabuddin Ahmed J.- This appeal is directed against a decree of the Subordinate Judge, Second Court, Faridpur dated 31.3.61 passed la T.S. No. 10 of 1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
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