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Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
.... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ......ant and respondent after setting aside abatement. This court after hearing the parties rejected the application for substitution holding that no case has been made out for setting aside abatement and recorded the abatement of the appeal as a whole since it arose out of a partition suit. 3. Supp......lip;………………………Respondents Judgment February 9, 1978. Result: The application is rejected. Abatement of an appeal in part or as a whole- Since the appeal arose out of partition suit, the suit could not have pr...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
....f both the courts below are set aside. There will, however, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
......ndustrial units in one of which respondent 2 was an employee. The Corporation's authority to transfer respondent No. 2 has remained unchallenged. Mr. Asrarul Hossain has referred, to the evidence recorded by the learned Chairman of the Labour Court and has contended that there is absolutely noth......, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
......f both the courts below are set aside. There will, however, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
..
Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
....ept the contention of Mr. Shaheed Alam, the learned Advocate for the petitioner, and hold that the application of respondent No. 2 before the Labour Court was not maintained and that the Labour Court wrongly assumed jurisdiction thereon.
3. In the result, the rule is made absolute and the impug......d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
......der as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
......d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
..
Category: Labour and Industrial Law | Date: 6 Feb, 1978 | Hits: 3
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....ding as to possession arrived at by the learned Munsif in the previous suit and that this finding is not a finding of the Subordinate judge himself. The issue of limitation is also found to have been wrongly decided by the learned Subordinate judge. Having considered the points as raised by the......ssession within 12 years prior to the, filing of the suit. Mr. Serajuddin Ahmed has submitted that this decision of the learned Subordinate judge is entirely. without evidence in that no evidence was recorded in this suit but it was decided on preliminary, issues, it appears that the learned Subordi......-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... 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. ......n 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 Faridpur Collectorate, This touzi has been recorded in R. S. Khatian No. 509 of mouza Bhsnnabari. There are three under-tenures of this touzi a......M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... whatever and the plaintiffs' title to the land was not affected thereby. Hence they filed the suit praying that title of plaintiff N0.9 be declared in 'K' schedule land representing R.S. khatian No. 512 that of plaintiff, Nos.1-5 in "Kha" shedule land representing R.S. Khatian..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... 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. ......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 Faridpur Collectorate, This touzi has been recorded in R. S. Khatian No. 509 of mouza Bhsnnabari. There are three under-tenures of this touzi a......M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... 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. ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)
....e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......5 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......dule of the petition they described the disputed land as 2 acres of land appertaining to Dag. No.5/12 of Khatian No. 2/12 of mouza Mirjargarh. The seizure list shows that the paddy of dag No. 5/42 of khatian No.1/12 of the same mouza was seized. Anyway, as the dispute was relating to land the learne..Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1
....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 the appellant, who does not appear to have prima facie any interest in the said lands. The lands of the remaining Khatians, however, as appear from the records of right referred to above, have been recorded in the name of the appellant in possession of the said lands, as a co-sharer.
36. The ......n part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......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.
..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....years 1963-64 to 1969-70 and paid the taxes. In that view of the matter we do not find any substance in this contention. 8. Main grievance of petitioner is that valuation of the holding has been wrongly revised under rule 10(a) It has been noticed above that rule 10 has been applied for revisin......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. ......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. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ......rt from whose decree the appeal is preferred, with directions to readmit the suit under its original number in the register of civil suits, and proceed to determine the suit and the evidence (if any) recorded during the original trial shall, subject to all just exceptions, be evidence during the tri......a Murguba Khatoon..............................Petitioner Vs. Dewan Shahifur Reza Chowdhury & another...........Respondents Judgment August 29, 1977 Result: The rule in Civil Revision No. 345 of 1975 is discharged Other is disposed of. Order 41 rule 2......The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
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. ......rom the tape record of conversation defendant No.1 has tried to show that consideration for the Agreement was Tk. 40,000/- but no payment was yet made. The learned Subordinate Judge treated this tape recorded statement as a secondary evidence and did not place any reliance upon it Mr. Rafiqul Huq ha......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 ......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. ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
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. ......possession of the immoveable property of her deceased husband but not as an heir. There being a son living, she had no right of pre-emption as a co-sharer by virtue of such possession although he was recorded as a co-sharer in the village papers. Since the plaintiff having a right of pre-emption joi......n: 30 DLR (HCD) (1978) 75. ......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. ..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....in Haji acquired title to the disputed land by a purchase of the same. 7. Special Leave was granted by the Appellate Division for considering the points: (1) whether the High Court Division wrongly placed the onus of proof of title and possession upon the defendants and (2) whether the Hig......ddin Haji purchased the disputed land from Aftabuddin Sarkar for a sum of Rs. 50/- and got delivery of possession of the said land before C.S. operation and accordingly the name of Faizuddin Haji was recorded in the C.S. Khatian, that the story of usufructuary mortgage in respect of the disputed lan......t there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......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. ..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
......to which one of us was a party has held that rule 7(2) specifically requires that Board shall examine witnesses in support of any allegation and the memorandum of deposition of the witnesses shall be recorded by the Chairman of the Board or at his discretion by any other member of the Board. In that...... Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......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
..
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. ......n accordance with sections 252 & 253. He has in accordance with section 252, to hear the complainant and to take all such evidence as may be adduced on behalf of the prosecution. After he 'has recorded the evidence,-he has either to frame a charge or discharge the accused or if he considers ......1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ......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. ..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. ......e instituted the suit. 4. The defdt. No.2 contested the suit by filing written statement. The case of the defdt. No. 2 was that the suit premises belonged to Babu Nikhil Chandra Kar and was duly recorded in his name during the last settlement operation. That the suit land has been declared enem...... 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.............. 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. ..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. ......ivisional Engineer, and the two petitioners namely, M.A. Khaki-mullah and Abdul Hakim, Sectional Officers, to the Second Screening Board,. The Second Screening Board after considering of the evidence recorded by the Board found the two Sectional Officers guilty of the charges and recommended for the...... no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ......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. ..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. ......According to the plaintiffs the disputed land appertaining to C.S. plot No. 640 of khatian No.22 and plot 1084 of khatian No. 873 of Mouza Beel Boalia. The suit land was previously khal and it was so recorded in C.S. khatian and was meant for public Use. In course of time the khal silted up and sinc...... 30 DLR (HCD) (1978) 161. ......injunction restraining the defendant from interfering with the plaintiff's use in the suit land as the path was. According to the plaintiffs the disputed land appertaining to C.S. plot No. 640 of khatian No.22 and plot 1084 of khatian No. 873 of Mouza Beel Boalia. The suit land was previously kh..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
....dicate what action is proposed to be taken by the employer and keeps on the employee hanging in suspend the matter may call for scrutiny.
In the instant case the Corporation has found rightly or wrongly the allegations against the petitioner to be serious. The order of suspension spells out the......
In view of the above, the Rule is discharged. We do not make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
...... make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
......
In view of the above, the Rule is discharged. We do not make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
....lease deed, the authority unnecessarily kept the matter pending for an indefinite period; and that in 1972 the petitioner filed a fresh application for renewal of the lease, but the same was rejected wrongly on 16th April, 1974 by the Secretary of the Ministry of Land Administration and Land Reforms......e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ......plication which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ......e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
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