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Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....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 ......in CJ Fazle Munim J KM Subhan J Bangladesh and others.................Appellants Vs. Md. Abu Taher..................Respondents Judgment July 12, 1978. Cases Referred To- Union of India V.T.R Varma, AIR 1957 (SC) 882 (885); State of Mysore and oth......ent. 2. The said order of dismissal and confiscation of his property was allegedly passed on the ground of acquisition of the property by corrupt means. 3. It was urged in the petition that the respondent was suspended without any show cause notice and after about a year, he was served......ppellants Vs. Md. Abu Taher..................Respondents Judgment July 12, 1978. Cases Referred To- Union of India V.T.R Varma, AIR 1957 (SC) 882 (885); State of Mysore and others Vs. Shivabasappa Makapur, AIR 1963 (SC) 375 (377); Board of Education Vs. Rice, 191..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
.... 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......la...............................Petitioner Vs. Fatema Bibi and others....................Opposite parties Order June 20, 1978. Result: The Rule is made absolute. Cases Referred to- Lachmi Narayan, 29 C.W.N. 391 (P.C.); Kambala Sandararojamma, AIR 1932 Mad. 5......nadhir Sen J.-This Rule at the instance of one of the heirs of the deceased plaintiffs is directed against an order of the learned Munsif refusing, to make the preliminary decree final on the ground that the application was made after a long lapse of 43 years. The learned Munsif, however, noticed an......Cases Referred to- Lachmi Narayan, 29 C.W.N. 391 (P.C.); Kambala Sandararojamma, AIR 1932 Mad. 519; Lichmi Narayan Tewari, AIR 1925 Pat. 433. Lawyers Involved: Nizamuddin Haider—For the Petitioner. M. A. Sattar—For Opposite Party. Civil Revision No.1007 of 1974...Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
....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...... some of her heirs, Azaharuddin Ahmed and others………………Plaintiff-Respondents
Judgment
June 14, 1978.
Result:
The appeal is dismissed
Cases Referred to-
Annapurna DebyaVs. Golapmanl Debya and others 25 CLJ. 530; Gagan Chandra Hazr......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' khatian No. 245-belonged in raiyati right to Easanuddin and others under Nabab Ali and others, and th...... Chandra Mondal Vs. Manindra Nath Mondal and others 62 C.W.N. 244; Sm. Siba Rani Debi & others Vs. RamandraNath Mukherjee and others, 66 C.W.N. 828.
Lawyers Involved:
Miah Abdul Gafur- For the For Appellant
Moksudur Rahman-For Respondents 2 and 3,
Nizamuddin Haider- For..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ...... ......for Presidential Election. Election to the office of President of Bangladesh as notified by the Chief Election Commissioner is going to be held on 3.6.78. It has been alleged in the application that when the nomination papers were submitted on behalf of respondent No. 6. The petitioner took an ......ning Officer & others...................................Respondent Judgment June 2, 1978. Result: The application is rejected. Lawyers Involved: K S. Nabi, A. Hasib-For the Petitioner. K. A. Bakr, Attorney-General, Anwarul Huque Chowdhury, Abdul Wadud Bhuiya&md..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....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......owdhury J Sultan Ahmed........................................Petitioner Vs. Chief Election Commissioner & others.......Respondents (In Petition No. 444 of 1978) Moniruzzaman Lasker.............................Petitioner Vs. Election Commission of Bangladesh an......wo applications under Article 102 of the Constitution of Bangladesh call in question a Notification dated the 21st April, 1978 of the Chief Election Commissioner respondent No. 1 declaring that an election would be held on the 3rd June, 1978 to the office of President of Bangladesh under t......ndents (In Petition No.447 of 1978) Judgment May 31, 1978. Result: The prayer is rejected. Lawyers Involved: Dr. Aleem-Al-Razee, Ahmad Husain, Mohammdd Abdur Rouf—For the Petitioner (In Writ Petition No. 444/78.) Fakir Shahabuddin Ahmed, Shah Abu Nayim Mominu..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)
....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................Petitioner Vs. State, People's Republic, Bangladesh others……..Respondents Judgment May 4, 1978. Result: The Rule is made absolute. Cases Referred to- Ayub Khuro PLD I960 (SC) 237; Asma Jilani PLD 1972 (SC) 139; Abdus Shukoor (1......urt may seem fit and proper. This rule was issued on 14-4-1978 and it has been fixed for hearing on 27-4-1978. 2. Facts giving rise to this proceeding are as follows: on 31-1-76 one Rahim Aktar Khatun lodged a petition of complaint before the Sub divisional Magistrate, Kishoregonj alleging, int......…..Respondents Judgment May 4, 1978. Result: The Rule is made absolute. Cases Referred to- Ayub Khuro PLD I960 (SC) 237; Asma Jilani PLD 1972 (SC) 139; Abdus Shukoor (1976) 28 DLR 441; Majibur Rnhman (1977) 29 DLR (H D) 141; Malik Mir Hassan PLD 1969 Lah, 786; An..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....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......;143A of the State Acquisition 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 Commi......n application under section 143A of the State Acquisition 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......hellip;……………Opposite Parties (In C.R. 446/75) Judgment May 2, 1978. Result: The Rules are discharged. Lawyers Involved: A.F.M. Shahid-For the Petitioner. M. B. Rahman-For Opposite parties. Civil Revision No. 445 and 446 of 1..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
.... 539 of 1965. Judgment M.H. Rahman J.- The plaintiffs appellant's case, in brief, is that Sarada Prosad Roy, Jnanada Prosad Roy, Promoda Prosad Roy and Komada Prosad Roy gifted the suit lands to Sankar Prosad Roy in 1337 B.S. Sankar Prosad Roy possessed the suit lands exclusively and i......This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......hellip;……………………Respondents Judgment April 21, 1978. Result: The appeal is allowed. Cases Referred To- Sm. Jobeda Khatun and another Vs. Hazi Mohammad Ibrahim and other, AIR 1957 Cal. 360; Probodh Chandra Barman, Ma......978. Result: The appeal is allowed. Cases Referred To- Sm. Jobeda Khatun and another Vs. Hazi Mohammad Ibrahim and other, AIR 1957 Cal. 360; Probodh Chandra Barman, Managing Director, Tripura Modern Bank, Chittagong Vs. Messrs Abdul Rahman, Abdul Gani and others (1960) 12 DLR 459..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....pted on 10.4.63. Parties filed their documents and issues were framed on 13.6.63. Case was opened up on 20.1.64. On that date on a perusal of a registered kabala dated 15.9.62 with regard to the Suit land, the learned Munsif found that the suit land was purchased by the defendant Nos.1 and 2 front t......llant Vs. Rahmat Ali Galdar & others........................Respondents Judgment April 17, 1978 Result: The Appeal dismissed Whether dismissal of a suit amounts as a rejection of the plaint- the order of dismissal under section 8B (3) Court Fees Act is not......ppeal dismissed Whether dismissal of a suit amounts as a rejection of the plaint- the order of dismissal under section 8B (3) Court Fees Act is not a decree and as such no appeal lies from that order. Dismissal under section 8B (3) of the Court Fees Act cannot be a rejection......dar & others........................Respondents Judgment April 17, 1978 Result: The Appeal dismissed Whether dismissal of a suit amounts as a rejection of the plaint- the order of dismissal under section 8B (3) Court Fees Act is not a decree and as such no appeal li..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....Muktinama vide No. 2557 dated 13. 4. 76 disclaiming any interest in the suit premises on the basis of disputed kabala. 2. That the defendants never possessed nor claimed any interest in the suit land any time and shall not claim anything in future also.” 6. After such categorical adm......af Ali and others..................................Opposite Party Judgment April 7, 1978. Result: Rule is made absolute Lawyers Involved: S.S. Roy Chowdhury with Abdur Rashid—For the Petitioner. Aleem-al-Razee—For the opposite parties. Civil Revis....... 3 as co-plaintiff in the suit and rejecting the application under Order 7 rule 11 of the Code of Civil Procedure filed by the defendant. 2. Facts leading to this Rule, in brief, are that the plaintiff opposite parties instituted a suit for permanent injunction against the defendant ......hers..................................Opposite Party Judgment April 7, 1978. Result: Rule is made absolute Lawyers Involved: S.S. Roy Chowdhury with Abdur Rashid—For the Petitioner. Aleem-al-Razee—For the opposite parties. Civil Revisional Case No..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ubject 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 then, if the Magistrate is satisfied from any report or other ......eported in: 31 DLR (HCD) (1979) 169 ......s of this court, namely, the case of Fazlul Karim Vs. Abdus Subhan. (1974) 26 DLR 291 and another on-reported decision in Criminal Revision No. 235/74, Apparently a view has been taken in 26 DLR 291 that without serving of notice upon the other petty and appoint a receiver. This view, however, has n......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)
....ubject 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 then, if the Magistrate is satisfied from any report or other ......ported in: 31 DLR (HCD) (1979) 169. ......s of this court, namely, the case of Fazlul Karim Vs. Abdus Subhan. (1974) 26 DLR 291 and another on-reported decision in Criminal Revision No. 235/74, Apparently a view has been taken in 26 DLR 291 that without serving of notice upon the other petty and appoint a receiver. This view, however, has n......69. ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
.... Whether Dakhilas Be An Evidence of Hostile Possession— The dakhilas (Ext.D) cannot be held to be an evidence of hostile possession and ouster of a co-sharer. By mere payment of rent of a land a co-sharer cannot exclude another co-sharer's title to it…. The inferences drawn fr...................Appellant Vs. Tajuddin Sikder and others............................Respondents Judgment March 22, 1978. Result: The appeal is dismissed. Whether Dakhilas Be An Evidence of Hostile Possession— The dakhilas (Ext.D) cannot be held to be an evi......annot exclude another co-sharer's title to it…. The inferences drawn from documents as to the absence of hostile title and ouster of a co-sharer are questions of facts, and the finding of that appellate Court in this regard is final and cannot be opened in second appeal, when the same is ......co-sharer are questions of facts, and the finding of that appellate Court in this regard is final and cannot be opened in second appeal, when the same is not based on any material mistaken assumption or misconstruction of any document……(8) Lawyers Involved: Md.Yasin—For..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....f 1963 reversing that of the Munsif, 3rd Court, Bogra in Title Suit No.183 of 1961. 2. The plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the suit land by evicting the defendants. The plaintiffs' case, in short, is that the suit land was recor......kder.............................Appellant Vs. Sukumar Majumder............................Respondent Judgment March 21, 1978. Result: The appeal is allowed. Cases Referred To- Kumir Mondal Vs. Pramatha Nath Chowdhury (1962), 14 DLR 801; Alimuddin Munshi...... Decree No. 380 of 1965 Judgment M. H. Rahman J.- This appeal, by defendant No. 1, is directed against the decision of the Subordinate Judge, Bogra, in Title Appeal No.36 of 1963 reversing that of the Munsif, 3rd Court, Bogra in Title Suit No.183 of 1961. 2. The plaintiff-respondents ......sult: The appeal is allowed. Cases Referred To- Kumir Mondal Vs. Pramatha Nath Chowdhury (1962), 14 DLR 801; Alimuddin Munshi Vs. Mainuddin Talukdar (1962) 14 DLR 725; Kumir Mondal and ors Vs. Pramatha Nath Chowdhury and ors (1962) 14 DLR 801; 17 DLR (SC) at 392; Aminuddin Biswas Vs. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....f No. 1 was in need of money and approached the defendants for a loan of Rs.100/- but he was refused. Thereafter it was agreed that plaintiff No. 1 would execute a patta in respect of his.25 acres of land for a specified period of 20 years on receipt of a sum of Rs.100/00 as rent in advance and he d......…Appellant Vs. Abdur Rahman Howladar................Respondent Judgment March 15, 1978. Result: The appeal is dismissed. Lawyers Involved: M. A. Khakd—For the Appellant. No one—For the Respondent. Appeal from Appellate Decree No. ......, 1st Court, Faridpur in Title Appeal No. 250 of 1963 affirming the judgment of the learned Munsif, 1st Court, Madaripur, in Title Suit No. 244 of 1962. 2. The plaintiff's case, in brief is that plaintiff No. 1 was in need of money and approached the defendants for a loan of Rs.100/- but he......ip;Appellant Vs. Abdur Rahman Howladar................Respondent Judgment March 15, 1978. Result: The appeal is dismissed. Lawyers Involved: M. A. Khakd—For the Appellant. No one—For the Respondent. Appeal from Appellate Decree No. 375 o..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
.... Govt. of Bangladesh and others…………Respondents Judgment February 24, 1978. Result: The rule is made absolute. Derequisition of a Requisitioned land Once a land is de-requisitioned and its possession is restored to the owner there is no pr...... absolute. Derequisition of a Requisitioned land Once a land is de-requisitioned and its possession is restored to the owner there is no provision for retaking it thereafter. The proceeding as to requisition comes to an end with release of the property under section 8. Appeal and......17.3.75 derequisitioned the land and restored its possession to the petitioner. But Respondent No.5, Land Acquisition Officer, Barisal, by a notice dated 24.9.77 (Annexure C) informed the petitioner that the government had cancelled the order of derequisition by order dated 10.9.77 (the impugned ord......spondents Judgment February 24, 1978. Result: The rule is made absolute. Derequisition of a Requisitioned land Once a land is de-requisitioned and its possession is restored to the owner there is no provision for retaking it thereafter. The proceeding as to requisition..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
..... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. .............................Appellant Vs. Federation of Pakistan and others..............Respondent Judgment January 31, 1978. Result: These appeals are dismissed. Cases Referred to- The Union of India Vs West Punjab Factories Ltd, AIR 1966 (SC) as page 395; P...... Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ......Pakistan and others..............Respondent Judgment January 31, 1978. Result: These appeals are dismissed. Cases Referred to- The Union of India Vs West Punjab Factories Ltd, AIR 1966 (SC) as page 395; Pakistan Eastern Railways Vs. Matiur Rahman and others (1968) ..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
.... the plaintiff has come in this appeal. 2. Facts of the case, so far necessary for disposal of the questions raised before us, are that the plaintiff-appellant claimed to have purchased the suit land measuring a little over 3 acres within the vicinity of the Dacca Airport by a registered kabala...... Madhari Mia...............................Petitioner Vs. Surjat Ali.......................Respondents Judgment January 20, 1978. Result: The appeal is allowed. Cases Referred to- 10 DLR 621; AIR 1945 Bombay, 45 and 67, AIR 1935, Calcutta 72. 13 DLR 89; AIR......ent Suahabuddin Ahmed J. –This appeal calls in question a decree dated 28.1.75 of Mr. MA Rashid. Subordinate Judge, 1st Court, Dacca dismissing the Title suit No. 92 of 1973 on the ground that it was hit by res judicata as well as barred by limitation, A decree dated 31-8-67 of the Munsif...... AIR 1935, Calcutta 72. 13 DLR 89; AIR 1945 Bombay, 45; AIR 1935-Cal-792;AIR-1929, Lah, 596; AIR-1935, Cal. 641; CWN (XII)-359 AIR 1935 Cal. 642. Lawyers Involved: Serajuddin Ahmed — For the Appellant. B.N. Chowdhury, Kazi Ebadul Hoque-For Respondents Nos. 1, 2(a) 2, (c) 3-..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... Shahabuddin Ahmed J.- This appeal is directed against a decree of the Subordinate Judge, Second Court, Faridpur dated 31.3.61 passed la T.S. No. 10 of 1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the plaintiffs as set out in thei......tion) Present: Shahabuddin Ahmed J M. H. Rahman J Amulya Chandra Kundu……………………...Petitioner Vs. Monendra Nath Biswas……………………….Respondents Judgment......llip;.Respondents Judgment January 16, 1978. Result: The appeal is dismissed. Cases Referred to- Raja Govinda Lal Roy Vs. Ramjanam Misser and others, 20.1. A 165; Almaj Khatun Vs. Ejahar Mir, 8 DLR 82; Turner Morrison & Co. Vs. Monmohan Chowdhury, 5 CWN 29 16 DLR, 5......uary 16, 1978. Result: The appeal is dismissed. Cases Referred to- Raja Govinda Lal Roy Vs. Ramjanam Misser and others, 20.1. A 165; Almaj Khatun Vs. Ejahar Mir, 8 DLR 82; Turner Morrison & Co. Vs. Monmohan Chowdhury, 5 CWN 29 16 DLR, 582 Lawyers Involved: B.B. Roy ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... Shahabuddin Ahmed J.-This appeal is directed against a decree of the Subordinate Judge, Second Court, Faridpur dated 31.3.61 passed in T.S. No. 10 of 1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the plaintiffs as set out in thei......ction) Present: Shahabuddin Ahmed J M. H. Rahman J Amulya Chandra Kundu……………………...Petitioner Vs. MonendraNath Biswas……………………….Respondents Judgment...... Judgment January 16, 1978. Result: The Appeal is dismissed. Cases Referred to- Monendra Nath Biswas; Raja Govinda Lal Roy Vs. RamjanamMisser and others, 20.1. A 165Almaj Khatun Vs. Ejahar Mir, 8 DLR 82; 23 CWN 37; Turner Morrison & Co. Vs. Monmohan Chowdhury, 5 CWN ;...... The Appeal is dismissed. Cases Referred to- Monendra Nath Biswas; Raja Govinda Lal Roy Vs. RamjanamMisser and others, 20.1. A 165Almaj Khatun Vs. Ejahar Mir, 8 DLR 82; 23 CWN 37; Turner Morrison & Co. Vs. Monmohan Chowdhury, 5 CWN ; DLR, 582 Lawyers Involved: B.B. Ro..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
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