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Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....ul Quayum the learned Advocate for the petitioner, argued that the Election Tribunal is not a Court and as such the District Judge who is the appellate authority under the provision of the Local Government (Union Parishad) Ordinance, 1983, (Ordinance No.XL of 1983) (hereinafter called the Union......gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....m. 2. During the pendency of the above contempt Rule, the learned District and Sessions Judge, Rangpur forwarded two representations submitted by the aforesaid Munsif-Magistrate to the Government praying for his transfer from Chilmari and also praying for leave to leave his present pl...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
.... was a case under the East Bengal (Emergency) Requisition of Property Act, 1948. In that decision it has been stated that the said Act provides for appeal to the Commissioner and revision to the Government and as such the validity of any act done under the said Act cannot be challenged in ...... without any order as to cost. The stay of operation of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....ared before the Court and prayed for staying the execution of the decree on the grounds that since the Bank proceeded against the appellant Company's properties being treated as abandoned by the Government, the Directors pf the appellant Company were not properly served with notice and that ha......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
.... Judgment Md. Altaf Hossain J. - This second appeal arises out of a suit for declaration. 10.80 acres of land appertaining to R.S. Khatian No.1058 of Mouza Gomai P.S. Rangunia belonged to the Government in khas. In Settlement Case No.186B of 1961-62 the Additional Deputy Commissioner (Revenu......will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....d against the principle of natural justice. It was also alleged that the meeting was neither legally convened, not properly notified nor conducted in the manner as provided in the Recognised non-Government Secondary Schools Regulation 1973 herein after refer to as the Regulation. That the Board...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....sion and none fought but the suit on such an issue. Further, though an entry in khatian is not an evidence of title, it would be a prima facie evidence of possession. Possession is so recorded in the Government record in the name of defendant No.1 and not in the name of the plaintiff. This the Court...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....compensation at the rate of 10/- per annum from the date of institution of the suit till recovery. 2. The plaintiff alleged in the plaint that he was deputed to England by the then East Pakistan Government inter alia for training under the Colombo Plan for one year from 28.9.69 to 23.9.70. Out ......l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....ny land covered by a usufructuary mortgage after the expiry of the period of such mortgage, the mortgagor may apply to the Sub divisional Magistrate or to any officer authorised in this behalf by the Government, for such redemption or restoration and, on such application and, in the case of red...... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
....ustodian shall be exempted from attachment, seizure or sale in execution of a Civil Court decree or 'orders of any other authority." That enemy property which has now vested in the Government of Bangladesh by operation of law is exempted from attachment, seizure or sale in ex...... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....ntiffs got -/10/- annas share in the 'Ka' schedule property and have been possessing the same. 4. During the S.A operation the land was wrongly recorded in the name of the defendant No.1 Government of Bangladesh as khas land. On the basis of erroneous record of rights, the defendant No.......ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
.....66, Ext. 2, is hit by section 75-A of the State Acquisition and Tenancy Act, 1950 (herein after called the Act) and the said lease was null and void and as such the land stood forfeited to Government. Mr. Abdul Quay urn, the learned Advocate for the plaintiff-petitioners, has frankly admi......nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....nistrator of Waqfs is not a subordinate Court of the High Court Division or of the Civil Court. 4. The Administrator of Waqfs is appointed under Section 7 of the Waqfs ordinance by the Government. Under Section 10thereof the Administrator shall be deemed to be a "Public Offi......der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130 ..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
.... Under Article 2 of P.O. 16/73, there is nothing to show that the offence in question was committed by the accused in connection with the struggle for national liberation. The mere fact that the Government have stated that the accused are freedom fighters does not ipso facto give any indemnity ......ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
.... came into being. By operation of President's Order No.16 of 1972 which came into effect on 28.2.72, share-holdings and business management with all the assets and liabilities stood vested in the Government of Bangladesh. By letter Ext. D. dated 20.1.73. Deputy Secretary, Ministry of Commerce of...... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114 ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ent No.1 Company entered into three agreements with Taiwa, namely, (1) Capital Participation Agreement, (2) Technical Assistance Agreement and (3) Technical Service Agreement. The then Government of Pakistan accorded permission for equity participation by Taiwa. Late Alauddin Miah was......ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
.... dated 27.04.1979. He also delivered possession of the case land to the pre-emptee purchasers on behalf of the vendors. Pre-emptee purchasers gave notices to all co-sharers and paid rents to the Government. Subsequent to the present purchase pre-emptee Respondent No.3 Gura Mia (O.P.W.1) became ......tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)
.... originally provided as follows: “23. No. provision of law relating to the winding up of companies shall apply to a Corporation and a Corporation shall not be wound up save by order of the Government and in such manner as it may direct.” 3. By P.O. No. 37 of 1972 the afore-quot...... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54. ..Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....strict Board was not a lower post than the post of Accountant, Works Programme. He held that the post of Accountant, Works Programme is merely a temporary post without any cadre, It is neither a Government service nor a local council service. In the absence of statutory provision, an employee o......iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....ecord found that the evidence on record was hearsay evidence and there was no evidence connecting the accused persons with the murder of deceased Abdur Rashid. Against the said order of acquittal the Government preferred an appeal under section 30 of the Special Powers Act, 1974. The Appellate Tribu......Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1