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Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)

....hat it is a dispute as to the Immovable property which is the subject matter and if whether there is a likelihood of breach of peace then it is the duty of the Magistrate to preserve the peace in his local Jurisdiction and when such a dispute exists concerning a land or water within his Jurisdiction......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)

....hat it is a dispute as to the Immovable property which is the subject matter and if whether there is a likelihood of breach of peace then it is the duty of the Magistrate to preserve the peace in his local Jurisdiction and when such a dispute exists concerning a land or water within his Jurisdiction......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

A.Z. Rafique Ahmed Vs. Bangladesh Council of Scien¬tific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others, 1978, 7 CLC (HCD)

....f this application under Article 102 of the Constitution contending-that the 'Council' is neither a department of the Government of Bangladesh nor is it a statutory corporation or a local authority and as such it is not a 'person' within the meaning of this Article who is a......39;s approval. The Fund of the Council consists of grants from the Government and donation and subscription from different sources including private sources. The Resolution did not make the Council a body corporation. Terms and conditions of service of the Council's officers and employees have n..

Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5

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   ......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)

....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 ......nd is legally entitled to perform the powers, responsibilities and duties of the Managing Director of the Company as per resolution of the Board of Directors dated 13-2-72 and approved by the general body of the shareholders on 30-6-72. 3. M/S. Alauddin and Taiwa Textile Mills Ltd. (hereinafter..

Category: Company Law | Date: 17 Feb, 1978 | Hits: 8

Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)

....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......ction 135 has used the terms "review" and "revision" as if they are synonymous. In the marginal note the term "review and revision" has been stated, but in the body of the section the term revision only has been mentioned. But whether "review and revision..

Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2

Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)

....shall have jurisdiction in granting and revoking probates and letters of administration in all case within his district. (2) Except in cases to which section 57 applies no court in any local area beyond the limits of the towns Calcutta, Madras and Bombay, shall, where the deceased is ......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     ..

Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8

A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)

....e that in the Special Case No.4/72thekernedAdditionalSessionsJudge and Ex-officio Special Judge granted bail to the petitioner No.3 or a bail bond of Rs. 2,000/-supported by two surety bonds one from local surety and another from a lawyer surety each for a sum of Rs. 2000/- each for a sum of Rs. 2,0......passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ..

Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1

Md. Abdur Rasheed Vs.

....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.   ......ice-Chancellor and the Registrar, University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722 and has drawn our attention to the following observations made therein: “Wherever any person or body of persons is empowered to take decisions after expost facto investigation into facts which wou..

Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2

Benoy Bhusan Bardhan and others Vs. Sub-Divisional Offi­cer, Brahmanbaria and another, 1977, 6 CLC (AD)

....Central Government may appoint a Custodian of Enemy Pro­perty for Pakistan and one or more De­puty Custodian or Assistant Custodians or Assistant Custodians or of Enemy Pro­perty for such local areas as may be prescribed and may by order— (a) * * * (b) vest or provide fo......rt implies, 'control of enemy firms. An enemy firms means, according to Rule 169 (2), an enemy subject, or a company or firm, of which a member or officer is an enemy sub­ject, or a person or body carrying on business in Pakistan, under the control or for the bene­fit of an enemy subject..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)

..... Section 4 of the Civil Procedure Code does not limit or otherwise affect any special Law. In other words, the provisions of the Code of Civil Procedure which run counter to the special or local law are excluded. This section does not bar the applicability of the Code where special or loc...... 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   ..

Category: Property Law | Date: 17 Nov, 1977 | Hits: 2

Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)

....om the plaintiff. The sum claimed as set-off which is; barred by limitation or barred under some other law cannot be deemed- to be legally recoverable. The payment of taxes and other dues to the local, authorities, are legally recoverable-and can be claimed as set off by the tenant against the ......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)

....ent of the arrears of rent defendant No.1 faced difficulties in procuring the necessary money to pay the rent. He approached the plaintiff to help him in the matter. Again, Defendant No.1 being a non-local was threatened with dire consequences by some persons if he did not leave the, suit property a......for some of these papers under his letter Exb. A. As to statement in the draft Agreement of partnership Exb. F relating to transfer of the suit-land, it got no evidentiary value as it was signed by nobody. Lastly, Mr. Ahmed Subhan has referred to Exb. 8(c) which is a letter under signature of defdt...

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)

.... for time for depositing the security money as he could not procure money and promised to pay it on the following day i.e. 13..8.76. The petitioner did not turn up on 13.8.76 It is mentioned that the local Martial law Authority. Brigadier Antique Rahman was present on the day of auction as the Marti......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.   ..

Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5

Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)

.... 10. From the said provisions it is clear that the authority in charge of survey had to record all the particulars and incidents relating to the right of the person in possession of all lands in any local area, estate or tenure in respect of which the survey had been ordered under sec­tion 101 ......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

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....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       ......tion per sq. foot and then on arbitrary determination of cost of porch, garage, servant quarters etc. it arrived at a figure Rs. 1,75,000 00. This figure was arrived at without taking any evidence. Nobody appeared before the Beard nor any witness was examined and no-further enquiry was caused by the..

Category: Property Law | Date: 27 Jul, 1977 | Hits: 2

Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)

....de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ..

Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5

Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)

....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 since then the local people have been using the same as path from time immemorial and have accordingly acquired the...... 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. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 2

Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)

....due time and as such written statement could not be filed in the suit. (2) That as the original connected papers were lying with the Circle Officer (Revenue) concerned no steps were taken by the local civil suit deptt. in the suit and as a result and matter of facts the suit was decreed to the ...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 60

Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra Vs. The State and others, 1977, 6 CLC (HCD)

....zra is the father of the petitioner. It is stated in the petition that the detenu is a Kabiraj by occupation and he was elected as Vice-Chairman of his Union by defeating an influential person of the locality. It is stated that the detenu as an honest and social worker was responsible for securing t......n (A.I.R. SC 413-414). 24. The Court however does not take a roving enquiry in such proceeding. Nor does it function as an appellate authority, what the court is to see is whether any reasonable body of persons could have acted upon such and such material and pass the order of detention. Reason..

Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1