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Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)

.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34.           ...... & another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. ..

Category: Property Law | Date: 23 Aug, 1979 | Hits: 3

Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)

....ave decided the ques­tion on the facts before us. In the result, we dismiss the appeal with­out any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......perty in part performance of the con­tract and that contract has been affirmed by a decree for specific performance of contract, the transferee after the decree does not ac­quire an interest in the land. He can lawfully maintain and protect his possession and in­terest in the property. The r..

Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236

Shaikh Keramat Ali Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1979, 8 CLC (HCD)

....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   ......rosecutor in this case after the disposal of this rule. In the result, the counter enquiry intended to be held by the magistrate as per notices Annexures E and F being contrary to the law of the land, the rule is made absolute; the impugned notices are declared to have been made without any law..

Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3

Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)

....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ..

Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1

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.     ......terest of the transferee vests in the petitioner, if he is successful and as such the order passed in a preemption proceeding con­clusively determines the rights of the parties with regard to the land in dispute and as such this is an original proceeding and the determina­tion of the right o..

Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1

Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)

....of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......rsing those passed by the Subordinate Judge, 3rd Court, Chittagong in Other Suit No.39 of 1975 and dis­missing the suit. The appellant instituted the suit for declaration of his title in the suit land and recovery of possession thereof and for mandatory injunction requiring respondent 4, Padma P..

Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103

M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)

....out any lawful authority and of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 256   ......elf and other maritime zones and matters ancillary thereto. Section 3 of this Act empowers the Government to declare by notification in the Official Gazette the limits of the sea beyond the land territory and internal waters of Bangladesh which shall be the territorial waters of Bangladesh..

Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1

Talekhal Progressive Fisher¬man Co-Operative Society Ltd Vs. Bangladesh & Others, 1979, 8 CLC (AD)

....ation of his existing lease. The petitioner contended that it being a registered Fishermens Co-operative Society and there being no other Co-operative Society in the neighbourhood, it was entitled to settlement as per rule contained in Memorandum dated 1.8.73 and 20.3.76. Its   contention ......ry duties con­ferred upon the public functionaries. In the result, therefore, this petition is dis­missed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103   ..

Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2

M/S. Elora Industrial Corporation Ltd Vs. ADC, and Land Acquisition Officer, Dacca and others, 1979, 8 CLC (HCD)

....pondents are directed to pay costs of this application which we assessed at taka 1000/- only. A. T. M. Afzal J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 418   ......pondents are directed to pay costs of this application which we assessed at taka 1000/- only. A. T. M. Afzal J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 418   ..

Category: Property Law | Date: 18 Jan, 1979 | Hits: 3

Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)

....e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......party petitioner is that he filed an application on 20-8-72 before the Officer-in-Charge, Borhanuddin Police Station against the 2nd party opposite-party stating that he has been in possession of the land mentioned in the petition and that he grew paddy therein and that there has been apprehension o..

Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1

Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)

....proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66.     ...... On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed a prayer before the District Magistrate, Bakerganj for police protection under section 13 of the Police Act in respect of the land described-in Schedule "A" of the petition. Opposite party Jadu Gopal Shaha Bhowmick a..

Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1

Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)

....e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ...... On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed a prayer before the District Magistrate, Bakerganj for police protection under section 13 of the Police Act in respect of the land described-in Schedule "A" of the petition. Opposite party Jadu Gopal Shaha Bhowmick a..

Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1

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   ......sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent for which the land was sold out in the execution of a rent decree and the right of redemption of the mortgagor was..

Category: Property Law | Date: 14 Jul, 1978 | Hits: 11

Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)

....nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......ed with a notice issued by the First Screening Board along with a copy of some cha­rges against him. The charges were that in 1979 he had purchased in the benami of his wife and two sons 88 cents of land along with a pucca building in mouza Sen Para Parbata in Mirpur by illegal means. The value of ..

Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96

R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)

....ndations of the Commission (1). Notwithstanding anything contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969.) or in any other law or any rule, regulation, bye-law, agreement, award, settlement, custom, usage or terms and conditions of services for the time being in force, the gover......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

Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)

....d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424.   ...... the said preliminary decree was varied or altered on appeal or review. Meanwhile, Title Suit No.41 of 1973 has been instituted by the opposite party Nos.3 to 6 for declaration of their title to some land of the aforesaid partition Suit No. 788 of 1929. During the pendency of the said suit, heirs of..

Category: Property Law | Date: 20 Jun, 1978 | Hits: 3

Abdul Majid Howladar Vs. Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others, 1978, 7 CLC (HCD)

....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 ......peal defendant No. 1 calls in question a judgment of affirmance decreeing the plaintiff's suit 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' kh..

Category: Property Law | Date: 14 Jun, 1978 | Hits: 2

Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)

....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ......r order made by me in pursuance of this Proclamation.” 7. On plain reading of these provisions of the Proclamation it is as clear as anything that the Martial Law is the Supreme Law of the land and that though the Constitution has not been abrogated it has been made subordinate to the Mar..

Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3

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.   ......on of 20th August not by any Regulation. The position thus appears :- (1) Criminal Courts and Martial Law Courts are having concurrent jurisdiction over offences under the normal law of the land. (2) Special Tribunals under Special Powers Act, 1974 are Courts of exclusive jurisdiction..

Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3

Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)

....ns made in the petition are that the land id question originally belonged to Roy Harendra Nath and others in khas under the Government and the petitioner 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 ......quisition 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.1 in the name of the Deputy Commissioner. In this applicati..

Category: Property Law | Date: 2 May, 1978 | Hits: 1