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Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)

....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230.     ......nbsp;96 of the State Acquisition and Tenancy Act started by the pre-emptors Wahab Ali and Chand Ali. On 26.12.72 one Aftab Ali son of late Badullah executed a kabala in respect of certain landed property in favour of the purchaser petitioner Aftab Mia son of late Mazar Ali. The pre emptorsWahab..

Category: Property Law | Date: 25 Nov, 1977 | Hits: 2

Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)

....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86.         ......58 to 1972-73 have been made arbitrarily without taking into account the proper valuation of oil storage tanks and without giving any opportunity of being heard, cannot stand. In the Urban Immoveable property Tax Rules, 1957 there is provision for first appeal before the Deputy Director of Taxation ..

Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4

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

....ing any repairs or for taking any measures referred to in sub-section (1) is so urgent that any delay involved in the procedure referred to in the said sub-sections is likely to subject the tenant to personal loss, damage or serious inconvenience, the tenant may himself cause the notice referred to ......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

Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)

....he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349.   ......ure removing cost etc. at Tk. 825.52 paisa and the learned Arbitrator also accepted the same. The learned Arbitrator also allowed recurring compensation of Tk. 4480/ for the use and occupation of the property in question from the date of possession till the date of acquisition for 7 years. Thus, the..

Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2

Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)

....been seriously challenged by the plaintiff on the ground that he took much interests in the affairs of defendant No.1 who allegedly used to entertain him in his restaurant. These two witnesses got no personal knowledge about the matter. They spoke of an admission of the plaintiff about non-payment o...... Court, Chittagong 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..

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

Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)

....nd in the letter of reference, the reference is accepted. Send down the records at once.   Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4.     ......) Dacca, by his order dated 9.3.70 dropped the proceeding. 3. Where a proceeding under section 145 of the Code has been dropped two courses are possible. One is to order release of the property from the attachment without directing delivery to either party and the other is to order th..

Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2

Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)

....ot the right of pre-emption by reason of their not being co-sharers in the village were granted a decree in this case, the result would be that a share of the village would pass into the hands of the personal heirs of these ladies, who might be entire strangers to the village.” 7. On cons......n the influence of the Mohammadan Law.” Accordingly, it was held that "as a co-sharer entitled to pre-emption forfeits the benefit of the right by joining a stranger in purchasing the property, so a pre-emptor loses his right of enforcing pre-emption by joining in his claim persons w..

Category: Property Law | Date: 9 Aug, 1977 | Hits: 2

Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)

....d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213   ......tioner. After failing to recover the amount from the deceased (be petitioner instituted Money suit No. 6 of 1969 in the Court of the Subordinate judge, 1st court, Barisal and prayed for attaching the property in respect of which respondent No.1 obtained the probate. It was alleged that the learned D..

Category: Property Law | Date: 29 Jul, 1977 | Hits: 2

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

....nstruction of the Gulshan house which was taken by the Screening Board at Rs. 2,00000.00 by saying that he himself being an Engineer he took the economic way. of constructing the house and due to his personal supervision he constructed the house without taking help of any labour contractor and there......traversed the entire finding of the committee which was based on -conjectures and wrong calculation, Notwithstanding this reply the 1st Screening Board recommended his dismissal and forfeiture of his property, namely, the house at 126, Gulshan Avenue vide Annexure "D". 3. The responde..

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

Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)

.... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119.   ...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119.   ..

Category: Property Law | Date: 18 Jul, 1977 | Hits: 2

Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)

.... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186.   ......e of the defdt. No. 2 was that the suit premises belonged to Babu Nikhil Chandra Kar and was duly recorded in his name during the last settlement operation. That the suit land has been declared enemy property as the owner is an Indian National. The plaintiff lives with her husband in the tea garden ..

Category: Property Law | Date: 8 Jul, 1977 | Hits: 2

M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)

....tractor when there was no carriage of bricks as contemplated under the contract. Departmental enquiry was held by Mr. Shamsuzzaman, Executive Engineer, appointed by the Chief Engineer. The petitioner personally appealed and explained the whole circumstances showing that the petitioner had no hand in......ause, firstly, the case before the Screening Board was in respect of a government servant against whom the departmental proceeding failed as nothing could be established against him. That he acquired property beyond the known source of his income, and if was not a case where the proceedings before t..

Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ......der section 51 of the Code of Criminal Procedure is elaborated in section 523 of the Code of Criminal Procedure. The Magistrate under this section has been empowered to return the property to the rightful owner after trial of the case. The power under section 523 is not..

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

Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)

....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......ment is lawful, unless it is forbidden by law or is of such a nature that if per­mitted it would defeat the provisions of any law; or is fraudulent or involves or implies injury to the persons or property of another or the Court regards it as immoral, or opposed to public policy." 10. ..

Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60

Khulna Shipyard Employees Union Vs. General Manager, Khulna Shipyard and two others, 1977, 6 CLC (HCD)

.... aggrieved" within the meaning of Article 102 of the Constitution and that no legal right of the petitioner was affected by the impugned order and that the petitioner has got no direct personal interest in the matter. He has further contended that right if any, violated under the impu......sult, the rule is discharged without any order as to costs. Abdul Matin Khan Chowdhry J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ..

Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1

Habibullah Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra¬tion & Land Reforms, Bangladesh & others, 1977, 6 CLC (HCD)

....ed without any order as to costs and the order of stay is vacated. Abdul Matin Khan Chowdhury  J.-I agree, Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 47.   ......n question an order dated 7.5.73 of the Additional Custodian of Enemy Properly (L & B), Dacca, confirming in appeal an order dated 13.9.72 of the Sub-Divisional Officer granting lease of an enemy property to Respondents Nos. 5 to 7 rejecting the claim of the petitioner who has been in possession..

Category: Property Law | Date: 10 Jun, 1977 | Hits: 2

Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)

....ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407.     ......ation of the disability of the person affected thereby. Under section 28 of the Limitation Act, as the determination of the period of limitation for instituting a suit for possession of any property, the right to such property shall be extinguished. Under Article 44 of the Limita..

Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2

Amin Jute Mills Ltd Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others, 1977, 6 CLC (HCD)

....bservations made above. There will be no order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in:  30 DLR (HCD) (1978) 341.   ......re rightly included as petitioner's assets for the purpose of insu­rance against war risk. 4. Next point is as to the insurable value of the petitioner's properties. The value of the property is as rule 8 of the War Risks Insurance Rules, 1965 shows, the actual Value minus usual dep..

Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3

Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)

....hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ......to seek that the good name of the Government is not allowed to be tarnished by such irresponsible officers and such high-handedness is not repeated against a citizen, the protection of whose life and property is the sacred duty of the State. In the result, the rule is made absolute. The proceed..

Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1

Nazir Ahmed Vs. Bangladesh Jute Industries Corporation represented by its Chairman, 1977, 6 CLC (HCD)

.... continuity of service, and on transfer to the' Corporation's Head Office a fresh appointment letter will be given to the individual incumbent and allow him continuity of service and for this personal file service records and Provident Fund account of the person concerned be also transferred...... In view of the above, the Rule is discharged. We do not make any order as to costs. Ed. Rahul Islam J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 196   ..

Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2