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Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......on 11.7.77 reciting that the appeal as a whole had abated. Against this order an attempt was made to set it aside but the learned Single Judge by his order of 12.4.78 held that the Registrar had recorded the fact of abatement on 11.7.77. and took the view that since the appeal arises out of a s......sal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
....he Penal Code and when the case was pending before a magistrate, two of the charge-sheeted accused persons made an application to the Prime Minister of Bihar stating that they were quite innocent but wrongly implicated in that case and that the government should withdraw from prosecution under secti......iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
......e. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
......iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ......ise, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject matter of the suit, the Court shall order such agreement, compromise or satisfaction, to be recorded, and shall pass a decree in accordance therewith so far as it relates to the suit." ......Reported in: 1 BLD (HCD) (1981) 80. ......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
.....
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
......ntitled to cross examine the witness against him to given evidence in person and to have such witnesses called for the defence as he may wish, provided that the Inquiry Officer may, for reasons to be recorded in writing, refuse to call a particular witness or to summon or admit particular evidence.
......o order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
.......
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.....S. No. 255 of 1973 was rightly filed by Mrs. Zohura Khatun for a declaration that she was a share-holder and a Director of the Company. Petitioner's suit, on the other hand, T.S. 259 of 1973 was wrongly filed seeking an injunction against the holding of the Annual General Meeting on 29-11-73. T......what has been stated therein I mean that there was a complete deadlock in the affairs of the Company. Agenda No. 1 of the meeting dated 26-10-73 as per Ext. 12 and that agenda and the proceeding recorded I said that there was complete deadlock in the affairs of the Company".......Without m...... Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
....ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......ed by the District Magistrate to advise investigating Officers of Martial Law cases, transferred the case to the Summary Military Court for disposal. On receipt of the case the Summary Military Court recorded evidence of some witnesses against accused Abdullah but on perusal of the evidence the Summ......law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2
....ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......ed by the District Magistrate to advise investigating Officers of Martial Law cases, transferred the case to the Summary Military Court for disposal. On receipt of the case the Summary Military Court recorded evidence of some witnesses against accused Abdullah but on perusal of the evidence the Summ......law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... 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 ......ndertake any obligation to pay arrear rents; that there was no evidence that defendant No. 9 was a benamdar of defendants 1 to 8; that the name of the auction-purchaser Hamid Ali Defendant No. 9, was recorded in the R.S. Khatian which prima facie proved his possession in the suit land; that the R. S......ellip;.......Appellants Vs. Nurul Islam & others.........................................Respondents Judgment July 14, 1978. Result: The appeal is dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in...... that the lower appellate court found no evidence that defendant No. 9 was the benamdar of defendants 1 to 8 and that as the property, purchased by defendant No.9, was recorded in his own name in R.S khatian and it was long after transferred to defendant No. 8 that transfer did not or could not revi..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....third party like the Govt. or the Corporation. On these findings the learned Labor Court allowed both the applications and directed the management to "restore the promotions and increments" wrongly cancelled earlier. The General Manager then filed the applications Under Article 102&nb......nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ...... Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ......nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
....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
......d leaving behind Bakful, Hakimannessa and paternal uncles, AJahar and Hatem (defendants Nos. 2 and 3). Bakful sold some of the lands out of her share to Atahar and Hatem. The R.S. khatian No. 245 was recorded in the name of plaintiff's father. The plaintiff came to know that defendants Nos. 2 an......(Civil Appellate Jurisdiction)
Present:
M.H. Rahman J
Abdul Majid Howladar…………….Defendant-Appellant
Vs.
Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others…………...... for partition in preliminary form.
2. The plaintiff claimed partition or schedule 'Kha' land out of schedule 'Ka', land of the plaint. The schedule 'Ka' land, of RS' khatian No. 245-belonged in raiyati right to Easanuddin and others under Nabab Ali and others, and t..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
..... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ......which the cafe is transferred shall NOT, by reasons of such transfer, be bound to recall and rehear any witness who has given evidence in the case before transfer, and may act on the evidence already recorded by or produced before the Criminal Court from which the case has been transferred. 2. ......this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....Ruhul Arnin and his three other brothers took settlement of Plot No. 2394 at a rental of Rs. 90-8 annas in 1332 B S. and continued to possess the same along with other lands. The said lands have been wrongly recorded in the impugned current khatian. Prayers have been made in the following terms......Tenancy Act for correction of record of right in respect of the properties mentioned in the schedule to the application. It is khatian No. 2184 Plot No, 2594 measuring 11.97 acres. This land has been recorded in SA. Khatian No.1 in the name of the Deputy Commissioner. In this application Bangladesh ......diction) Present: Ranadhir Sen J Abu Daud and others………………………………..Petitioners Vs. Ruhul Amin Sardar and others (In C.R. 445/75) Sailuddin Sardar & others………&hel......an application under section 143A of the State Acquisition and Tenancy Act for correction of record of right in respect of the properties mentioned in the schedule to the application. It is khatian No. 2184 Plot No, 2594 measuring 11.97 acres. This land has been recorded in SA. Khatian No...Category: Property Law | Date: 2 May, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....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. ......that date on a perusal of a registered kabala dated 15.9.62 with regard to the Suit land, the learned Munsif found that the suit land was purchased by the defendant Nos.1 and 2 front the heirs of the recorded tenant for a consideration of Rs. 1550/- From the endorsement in the kabala, the learned Mu......t 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 no ......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. ..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....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. ...... Akon, By inheritance the plaintiff claimed 6 annas share in the property left by Saferuddin. He contended that he had been possessing the suit land but neither the name of his mother or his name was recorded in S. A. Khatin No. 104. Taking advantage of the wrong entry in the S. A. Khatian the defen...... ......hat Amir Akon claimed the properties left by his father to himself and treated the same accordingly. Ext. B is a registered mortgage executed by Amir Akon in respect of the entire karsha land of C.S. khatian No. 15 and other lands in favour of the landlords. Mr. Yasin has pointed out that the statem..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....roduce of the land from year to year; and that during Jasmat Sardar's life time the land was taken and given borga bandabosta to others. As Jasmat was possessing the land as borgadar his name was wrongly recorder, in the C.S. record as tenant paying borga rent though he was never recognized as a...... plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the suit land by evicting the defendants. The plaintiffs' case, in short, is that the suit land was recorded in C.S. Khatian No.160 of mouza Borai and the plaintiffs, by an amicable partition amongst ......................Respondent Judgment March 21, 1978. Result: The appeal is allowed. Cases Referred To- Kumir Mondal Vs. Pramatha Nath Chowdhury (1962), 14 DLR 801; Alimuddin Munshi Vs. Mainuddin Talukdar (1962) 14 DLR 725; Kumir Mondal and ors Vs. Pramatha Nath Chowdhury......observed that "it is quite likely that the settlement operation actually began at a stage when the term of the barga lease did not expire. It is, therefore, clear borga has been mentioned in the khatian. In the absence of any other stipulation between the parties Jasmat would be deemed to have ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....her employees.” 6. Mr. S. R. Pal, learned Counsel appearing for the appellants after placing the relevant Regulations in support of his contention that Regulation 12(ii) was wrongly applied to the cases of the appellants in terminating their services, submitted that if......ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
....ccepted by the Council and the petitioner was dismissed by the impugned order of the Council. It was explained that while issuing the order of dismissal the date and number of the recharge sheet were wrongly stated i.e. instead of the charge-sheet No. 1-24/76 Part/893 dated 15.2.77 the other 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
......peal 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
....ed that the assessment was made by the Sales Tax Officer illegally, arbitrarily and without jurisdiction and that section 29 of the Sales Tax Act being not applicable to the case notice was wrongly issued. It was further argued that the imported article was exempt from Sales Tax under the ......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.
......hich is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
......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
Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)
....he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ....... 2 contested for the office of Chairman. Immediately on the close of the poll in three polling stations of the Union, ballot papers were counted in presence of the parties and the Presiding Officers recorded the results of the counting in the prescribed forms and then forwarded the same to the. Ret......er, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ......he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ..Category: Election Law | Date: 17 Feb, 1978 | Hits: 7
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....lf is a permanent Director and a share-holder and is also looking after the administration and his claim to be a Director of administration has not been challenged. The learned Sub-ordinate Judge has wrongly, understood the impact of rule enunciated in Foss Vs. Harbottle and found that the plaintiff......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......ourt Division (Civil Appellate Jurisdiction) Present: K.M. Subhan J Abdul Momith Chowdhury J Shnmsul Huda....................................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Result: ......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
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