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Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....13 C.P.C. is applicable in the present proceeding. Mr. Kaiseruddin Ahmed, learned Advocate appearing on behalf of the opposite party No. 1 strenuously argued that the learned. Munsif is right in holding that provision of Order 9, rule 13 C.P.C. is not applicable in preemption proceedi......for 5 days only till 25.9.75 just on the eve of the long vacation. It was also stated in the petition that since the petitioner was suffering from illness even from earlier date, he might not have recovered from his illness on that date; so the prayer for adjournment was made. The Court below reject..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....rmah Shell"), in May, 1967. Prior to taking over, Burmah Shell used to file return and pay Urban Immoveable Property Tax. In 1964 the Agricultural Income Tax Officer revised the valuation of the holding at Godnail Depot belonging to Burmah Shell by the assessment order dated the 28th June, 1964......pany incorporated in Bangladesh under the Companies Act, 1913, having its registered office at Strand Road, Chittagong, and a place of business at 32, Bangabandhu Avenue, Dacca-2. The petitioner took over the business and market assets of Burmah Shell Oil Storage and Distributing Company of Pakistan..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....ch was duly noted in the Daily Cause List of the appellate Court dated 30 8-75. The learned Subordinate Judge, by this order dated 6-1-76, rejected the application made under section 151 of the Code, holding that the words used in the judgment were words of finality and took effect automatically and......t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....ndlord and if those counter foils maintained in the normal course of business, bear the names of the tenants but is enough that those receipts prima facie, establish the existence of tenants in those holding covered by the counter foils. Government has not adduced any evidence, not to speak of bring......the Appellant. Abdur Rashid Gazi—For the Respondent. Appeal from Original Order No. 356 of 1976 Judgment Siddique Ahmed Chowdhury J.-This appeal is at the instance of the Government against the Judgment and award dated 17-4-75 passed by the learned Subordinate Judge and A..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....K. A Qureshi (D.W. 2) has explained that he had delivered these papers to the plaintiff who required them to get revoked the cancellation of the lease by Defdt. No.2. Moreover, when the plaintiff was holding a Power of Attorney from the defdt. No.1 it is quite natural that he would require these pap......agong in Other Suit No. 3 of 1975. This judgment will dispose of them all. 2. Defendants are the appellants and the suit was for declaration of the plaintiff's title to the suit property, recovery of possession and for mandatory injunction. The case of the plaintiff, as set out in the plain..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
.... 3. Mr. Golam Rabbani the learned Advocate appearing in support of the Rules contends that the learned District Judge acted illegally and with material irregularity in the exercise of jurisdiction in holding that the appeals are barred by limitation without applying mind to the necessary facts and r...... takes the benefit under P.O.12 of 1972, he cannot again take shelter under section 12 of the Limitation Act. He has, however, urged that the orders under appeal were passed at a time, not covered by the President's Order No.12 of 1972 and the petitioner was not entitled to get the ben..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
.... lawful authority and in an unlawful manner.”
We have given our anxious consideration to find a reasoning and we could see the Division Bench dismissed the contention of the respondents by holding that rule, 5(1)(a) does not, however, provide for preventive detention for smuggling. With r......Result:
The Rules are discharged.
Cases Referred To-
Abdur Rahman Vs. Govt. of East Pakistan (1967) 19 DLR 748; Kalipada Hazara Vs. Govt. of Bangladesh (Criminal Misc. Case No. 69/77; Government of West Pakistan Vs. Begum Abdul Karim, (1969) 21 D.L.R. (S.C.) 1; Ghulam Jilani, (1967); ..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....7) Section 96 of the Act is not applicable since the land transferred is a homestead. The pre-emptee is bound by recital made in the deed of transfer. The homestead being a part of the holding of a raiyat is not excluded from the operation of the section 96 of the Act&hellip...... “It is clear that there exist no definite rules of substantive law by which questions of this nature, relating to the right of pre-emption claimed under the terms of the Wajib-ul-arz, are governed. It is only on the broad principles of justice, equity and good conscience' that such qu..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....share on the basis of an amicable partition with his co-sharers. 5. On appeal the Second Court of the Additional District Judge, Dacca, reversed the findings of the trial Court on holding that Faizuddin Haji acquired the right, title and interest in respect of the disputed land b......is against a judgment of a Bench of the High Court Division, allowing a Second Appeal and restoring the judgment and decree of the trial Court by which a suit for declaration of title and for recovery of possession of certain lands, brought by Respondent No.1, was decreed. 2. Respondent No..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....application and for proving the locus standi of the petitioner. After hearing both the parties the learned District Judge by his order dated the 30th June, 1970 dismissed the Miscellaneous case after holding that the petitioner had no interest in the estate of the deceased and as such he had no locu......April, 1966 and Rs 6000/- on the 4th January, 1967 from the petitioner and on 4-1-67 he acknowledged the debt granting a hand note and entered into a contract with the petitioner. After failing to recover the amount from the deceased (be petitioner instituted Money suit No. 6 of 1969 in the Court of..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....assed either under section 209(2) or under section 253 of the Code and as such the said order was to be set aside by a higher Court. But the High Court Division summarily rejected the said petition holding that on the facts and circumstances under which the final report was submitted and the ord...... Magistrates are not vested with any power of review of their orders as passed in the case of Abul Hossain. 9. Now the question before us is whether the decision in Abul Hossain's case will cover an order passed by a Magistrate discharging an accused on submission of a final report by the ..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....ng Board after considering of the evidence recorded by the Board found the two Sectional Officers guilty of the charges and recommended for their compulsory retirement with financial benefits and withholding of two annual increments of the Sub-Divisional Engineers. The Establishment Division after c......ourt Division (Special Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J M. A. Khalilullah and Abdul Hakim..............................Petitioner Vs. Government of Bangladesh and others.......................Respondents Judgment June 2..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
....rs Daud Hossain and Insan Sk. in the suit land by any competent and reliable witnesses. 4. On appeal the learned Subordinate Judge reversed the decision of the trial Court and dismissed the suit holding inter alia that the plaintiffs have "no easement right over the suit land and as such t......as 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 right of easement over the suit land. The defendants after creating some document in respect of the suit land, have be..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....efault. The learned Counsel has further argued that, in any view of the matter a large amount of unadjusted money as advance having been in the hands of the respondents the Courts below were wrong in holding the petitioner a defaulter under the provisions of the Premises Rent Control Ordinance.......d not require to be registered under Section 17(1)(d) of the Registration Act. The provisions of Clause 2 of the agreement merely provided for the repayment of the advance money by adjustment of rent over a period of twenty four months. Furthermore, Clause 2 of the agreement does not show that the c..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
.... Act. 2. Tahrul Karim alias Tuhurul Karim Khan Chowdhury filed an application under section 96(1) of the Act for pre-empting transfer dated 20.1.69 on the assertion that he is a tenant holding land contiguous to the and transferred. In this application as many as 9 persons including t...... Misc. Case No. 4 of 69 came to court first. He was followed by the pre-emptor in the other case. The treatment of the questions raised in the appeals before the learned Subordinate Judge appears to cover both the appeals. Mr. Rafiqul Islam has strenuously urged that the learned Subordinate Judge ac..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....ether in the facts and circumstances of the Case assessment was barred by law of limitation." The High Court by its judgment and order dated 1-12-67 answered the question in the negative on holding that the impugned assessment was not barred by the law of limitation." 7. Spe......e business which started in and from 1950. The appellant raised an objection under section 5 and 64 of the Act praying for transfer of the case from the Special Circle but the said objection was overruled by an order dated 14-3-53 by the Income Tax Officer. The appellant was served with a notic..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
.... 34 of 1974 (I.R.O. Case No.629 of 1973 under Order IX, rule 13 of the Code of Civil Procedure, dismissing the case. 2. Petitioner's contention is that the Labor Court was wrong in holding that the petition under Order IX, rule 13 read with section 151 of the C......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....rt dismissed the appeal that was taken from the award before that court. The High Court of Bangladesh on 3rd of July, 1972 dismissed the appeal taken from the execution proceeding by the appellant holding that the question whether the decree holder is a firm or a person could not be agitated in ...... of Independence and subsequent enactment will make the answer clear. The Proclamation of Independence made, from Mujibnagar, on 10th April, 1971, a declaration of the then East Pakistan into a sovereign Independent State. It recited that the Pakistan Government had started an unjust war which..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....e of the prosecution to adduce evidence in spite of several opportunities being allowed the learned Magistrate discharged the accused under section 253 of the Code without recording any evidence holding that the charge was groundless Subsequently, on an application by the Court Sub-Inspector th......ly strong, the police due to undue influence had submitted final report in respect of the accused-petitioners. But nowhere in the said petition of complaint the complainant made any allegation of any overt act against any of the accused-petitioners excepting the vague allegation of undue influence o..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....s in support of the case of the defendant that the accident was due to the negligence of the Crew of "M.L. Jalamoni". 8. Issue No. 1 was decided by the learned Judge on August 15, 1966 holding that the Court has jurisdiction to entertain the Suit in its Admiralty Jurisdiction. Thereaf......na" abandoned the vessel at Chandpur Steamer Ghat and absconded. On account of the accident and damage caused, "M.L. Jalamoni" became a total loss, the salvage value of the wreckage recovered being only Rs. 5000/-, and further claim of plaintiff-respondent No. 1 and the Industrial Dev..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
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