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....nying the allegations of willful disregard of the Court's order and brought counter-allegations that is the petitioner who deliberately obstructed the smooth running of the firm's work by withholding signatures on cheques and by not concurring with him on the appointment of a Chartered Accou....... The allegation is that he willfully disobeyed the court's order and direction passed on 13th July, 1982. Facts have been given in the judgment of my learned brother. The defendant was given the over-all charge of the Project by order No. 4. The Project is financed by the World Bank and the con..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....ready been reconveyed to the original vendor before the filing of the pre-emption proceeding. 4. The learned Munsif on consideration of the materials on record dismissed the preemption case holding that the case land was reconveyed to the original vendor on 14-11-77 and the application was......e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
.... passed by the Additional Sessions Judge, 3rd Court, Comilla in Sessions Trial No.247 of 1980 taking cognizance against the petitioner and issuing non-bailable warrant of arrest against him upon holding as follows:- "Since accused Abdur Razzak did not appear before this Court and......e learned Advocate for the complainant opposite party have, however, supported the orders complained against in their own way. 7. The section which is immediately attracted in the controversy raised is section 193 (1) of the Code Criminal Procedure which reads as follows:- "..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
.... of Pakistan, the learned Judge of the High Court Division decided that the relationship between the appellant and the respondents' predecessor was that of a lesser and a lessee. Reasons for holding in favour of a lessee appear from the following observations in his judgment:
&quo......quot;The uninterrupted possession of the Suit land for the last 25 years suggests that the defendent was given exclusive possession of the suit land. There is no evidence on record that the plaintiff over executed an act of ownership over the suit land during the period in which the defendant was in..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....e opposite parties preferred an appeal and the learned Additional District Judge, Faridpur vacated the order passed by the learned Sub-Judge under order 39 rule 2 and 3 of the Code of Civil Procedure holding that the order of injunction passed by the Subordinate Judge was not in accordance with......d not to be confined with the court granting an injunction…….(5) In a case of transfer under sec. 24 the whole case is transferred and as such the transferee court has session over the entire matter of the suit- When a case is transferred from one court to another it mea..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
....leases, the lessees continued to hold over under section 116 of the Transfer of Property Act. The arbitration clause of the agreement of lease that had already expired cannot continue to be a term of holding over and hence it is not available to the plaintiff-appellant. As there is no agreement to t......of the same. But the tenants continued to possess the premises without renewing or executing any fresh agreement. The Corporation ultimately determined the tenancies and requested the lessees to hand over vacant possession on the expiry of six months' notice on 30th November, 1976. As the lessee..
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
....ctification by declaring that the share Register maintained by respondent No. 1 is fraudulent, unauthorized and incorrect and petitioner No 2 and her husband are the only share-holders of the Company holding 101 and 200 shares respectively.
16. The above relief does not come within the purview ...... in the application. Their case is similar. According to them the company, Incorporated on 20th August. 1976, started functioning after purchasing Elahinoor Tea Estate and Halda Valley Tea Estate in Government auction on 14th June, 1977: that the Company had to take loan of Tk. 5, 70368/22 paisa fro..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....The present O.P. being the petitioner brought the case for preemption under section 96 of the State Acquisition and Tenancy Act. Her case was that Kalipada Roy was the original owner of the holding from whom she purchased.33 lands by kabala Ext. A (I) dated 28.7.75 and thereby she became a......adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....shy;duced papers in support of their respective claims. The defendant petitioners stated that under the garb of the decree relating to holding No.91/1 of Sarat Chakraborty Road possession of the holding No.93 was taken. The contention was opposed by the plaintiff According to him the defendants...... defendant under section 144 of the code of Civil Procedure. 2. For the purpose of disposal of the appeal suffice it to say that the plaintiff filed the suit for declaration of title and recovery of khas possession. The suit was decreed ex parte on 15-8-77. Thereafter in an execution case ..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
....e did not purge himself of the guilt for contempt of cout.
15. After perusing the petitioner and the affidavits including the annexures and hearing the learned advocates we find no difficulty in holding that opposite party No. 1 Abdur Rashid Khan, the then Sub-divisional Officer, Sherpur is gui......operty.
12. By an affidavit of compliance dated 30.4.81, the contemnor stated that he had restored possession of the land measuring 29 acres to the petitioner on 24.4.81 and that the area handed over to him has been well demarcated and completely separated from the residence of the sub-division..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....s it was a Martial Law case copy could not be granted. 6. On 18.11.78 it is alleged that respondent No. 2 Mr. M.A. Rashid, S.D.O. (Sadar) Jamalpur was present at Sherpur Town, in connection with holding a meeting of the Exhibition Committee, when members of the Exhibition Committee urged him to...... High Court Division (Special Original Jurisdiction) Present: Chowdhury A.T.M. Masud J Md. Altaf Hossain J Surendra Mohan Shaha.................Petitioner Vs. Government of Bangladesh and others………..Respondents and Surendra ..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....dation of a person. It has a reference to a person's classification or class. It is not dependent upon the emoluments a person receives as salary or otherwise. Drawing the same pay by two persons holding different postpone in Government service and the other in non-Government service do not make......ing an authority to do a certain thing is mandatory or not could be decided upon the consequence that would follow in the event of not doing the thing by the authority. The petitioners were not Government employees under Rule 5(53) of the Bangladesh Service Rules and their pay were not paid out..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
.... reduction in the rank of officers of whom the president is the appointing authority", are required to be placed before the President for approval. Similarly, the cases of suspension of officers holding posts, the maximum scale of pay of which is not below Tk. 2600/- per month are also required.....................Petitioner Vs. Bangladesh and ors............................Respondents Judgment January 26, 1982. Result: The rule is made absolute. Suspension of Government servant – Rule II of Government Servants (Discipline and Appeal) Rules, 1976 u..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....iff would; be considered to have proved that he was the son of Gour Majhi and that being the position the plaintiff would be a co-sharer of the suit land and therefore would be entitled to partition, holding further that the absence of the name of the plaintiff in the rent receipts, S. A. Khatian an......e considered by the Court to have special means of knowledge as members of the family or otherwise, to testify to the relationship of the plaintiff with Gour Majhi. Those statements found on various Government records as to distribution and devolution of the family property and as to ownership, was ..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....of Municipal Corporation of city of Toronto and Attorney General of Ontario both reported in 1896 Appeal Cases at pages 88 and 348 were cited in the aforesaid decision of the East Pakistan High Court holding that there is always a basic distinction between prohibition or prevention on the one hand a...... Choudhury J M.H. Fahman J Zainal Abedin & Another………………………………........Petitioners Vs. Government of Bangladesh & Others…………........Respondents Judgmen..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....urt may determine the issue and record the necessary finding. The question is whether in the absence of any finding by the trial Court as to whether the pre-emptor is a person to whom transfer of the holding or a portion or share thereof as the case may be can be made under section 90, should the ap......ontended that the objection as to omission of a necessary party must be taken at the earliest opportunity and if no such objection is taken, it may be deemed that the defect had been waked. This controversy as to non-joinder off co-sharer or a contiguous tenant has been set at rest by a decisio..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....l Court may determine the issue and record the necessary finding. The question is whether in the absence of any finding by the trial Court as to whether pre-emptor is a person to whom transfer of the holding or a portion or share thereof as the case may be can be made under section 90, should the ap......ntended that the objection as to omission of a necessary party must be taken at the earliest opportunity and if no such objection is taken, it may be deemed that the defect had been waived. This controversy as to non-joinder of co sharer or a contiguous tenant has been set at rest by a decision of..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
....ff-respondent filed a suit for declaration of title and for recovery of khas possession of the suit land after evicting the defendants therefrom. 2. Admitted case of the parties is that the suit-holding belonged to Mohammad Jan who created a simple mortgage in favor of defendant No.11 Bhagyalal......the mortgage was never foreclosed and the plaintiff's right to redemption not debarred. So far as the right to redeem is concerned, a mortgage by a, conditional sale like other mortgages will be governed by provisions of the Transfer of Property Act…….. (14) It is clear that t..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....r his heirs thus would not be bound to reconvey. Relying on this ruling the court of appeal below held that the suit for reconveyance at the instance of the heirs of the transferor was not competent, holding further that such a contract to repurchase at a subsequent uncertain date was also bad in la...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....dker Mahbubuddin Ahmed have candidly narrated before us the reasons and consideration which weighed with the Bar Council in refusing exemption as prayed for by the petitioner and other Advocates holding LL.M. Degree as per Bar Council resolution dated 31-1-81. The relevant Rule, rule 65-A(iv), ......igh Court Division of the Supreme Court without completing two years practice in the Subordinate Courts and resolved that their representations cannot be entertained as their case does not cover the provisions contemplated in Sub-Rule (iv) of Rule 65-A of the Bar Council Rules, 1972."..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
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