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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. ......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. ......e appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......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. ..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
....Bibi filed a petition for final decree in terms of the preliminary decree The learned Munsif however, rejected the petition mainly on the ground that the order dated 16.4.31 was not challenged by the persons effected thereby and that it was filed after a long lapse of 43 years by the heirs of the or......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. ......e absolute. 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......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. ..Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
....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
......pon the construction or avoidance though not necessarily, cancellation, of some document or transaction in respect of the suit properties or any of them, in which the said stranger is or claims to be interested.”
If so, how is such a suit to be valued and stamped? The question was answere......(Civil Appellate Jurisdiction)
Present:
M.H. Rahman J
Abdul Majid Howladar…………….Defendant-Appellant
Vs.
Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others…………......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
..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....at the defense does not deny the prosecution case of taking food and, also pan by the deceased at the house of accused Monoruddin. What they deny is the alleged offering of special pan by the accused persons and their alleged administration of poison to the deceased through the said pan. It was sugg......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......th if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
..... 3. The learned Sub-divisional Magistrate taking cognizance forwarded the petition to the Q.C. Bajitput P.S. whereupon Bajitpur P.S. Case No 203(3)/76 dated 9-3-76 was started against 7 accused persons under sections 148/149/448/302/364 B.P.C.read with section 26 of the Spe....... 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. ......this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ....... 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. ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
.... to be a plaint and order passed thereon shall have the force of a decree under the Code of Civil Procedure, 1908. (3) An application filed under subsection (1) shall contain full particulars of persons likely to be affected by an order on such application and shall also contain the full partic......ntries or rectifying the omission complained of under sub-section (I), it shall notify the same to the Collector and the Collector shall correct the record of rights accordingly. (10) Any person interested may produce a certified copy of the orders referred to in sub-section (4) or sub-section ......diction) Present: Ranadhir Sen J Abu Daud and others………………………………..Petitioners Vs. Ruhul Amin Sardar and others (In C.R. 445/75) Sailuddin Sardar & others………&hel......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....rt. It was held therein: “If the Income-Tax Officer finds on investigation that a number of firms carrying on business under different firm names really belong to one and the same group of persons he can refuse to register these firms under section 26A and treat the aggregate in......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ...... however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....rees being one, if not the main or only object of this University, all the regulations, that is, the construction of all the regulations and the carrying into effect of all those regulations as among persons who are either actually members of the university or who come in and subject themselves to b......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......ged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......the reasons, no doubt, why, where there is a visitor of a corporate body, the Court will not interfere in a matter within the province of the visitor, and especially this is so in matters relating to educational bodies such as colleges.” 12. This decision was followed subsequently by the ..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....eedings has been made under sub-section (1) of section 145 or such orders are to be deferred until notice of an order under sub-section (1) of section 145 hat been served upon the persons who may be affected by such order.” 6. The learned Judges noticed the decision of......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......f law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 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)
....eedings has been made under sub-section (1) of section 145 or such orders are to be deferred until notice of an order under sub-section (1) of section 145 hat been served upon the persons who may be affected by such order.” 6. The learned Judges noticed the decision of......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ...... law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....record (Ext. 2) indicated that Jasmat Sardar has acquired a tenancy right in the suit land and that there was no evidence that during his life the land was taken back from him and given to some other persons as borga by the plaintiffs predecessors, that the plaintiffs had no possession within 12 yea......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ......................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 Vs. Mainuddin Talukdar (1962) 14 DLR 725; Kumir Mondal and ors Vs. Pramatha Nath Chowdhury......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
....record, it would or would not result in two inconsistent or contradictory decisions. Another test is whether the suit out of which the appeal arose could be adjudicated in the absence of the deceased persons, if he had not been joined either as a plaintiff or as a defendant in the suit. Lawyers...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ......lip;………………………Respondents Judgment February 9, 1978. Result: The application is rejected. Abatement of an appeal in part or as a whole- Since the appeal arose out of partition suit, the suit could not have pr...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
....onal Pay Commission the learned Labour Courts itself held that such a notification is necessary. This Act (Service Re-organisation Act) provides that the Government may prescribe any scale of pay for persons in the service of the Republic and employees of Autonomous Bodies. Statutory Corporations, N......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......stances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....bt, cue for possession of the holding joining both the talukdar and the talukdar's tenants. The institution of such a suit would be an effective election to annul the taluk and the joinder of the persons in actual possession would be in accordance with the ordinary procedure.” In view...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....bt, cue for possession of the holding joining both the talukdar and the talukdar's tenants. The institution of such a suit would be an effective election to annul the taluk and the joinder of the persons in actual possession would be in accordance with the ordinary procedure." In view ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....ed to the application as Annexure 2. Clause 31 of the charter party reads as follows:- “Should there be any dispute between the owners and charterers, the matter shall be referred to three persons in London one to be appointed by each of the parties hereto and the third by two of them. Th......t by a chartered vessel: It appears that the plaintiff had nothing to do as such with the chartering of the ship or the charter party although as the buyer and the ultimate consignee be was naturally interested in his cargo and arrival of the ship. The plaintiff claims under the bill of lading and a......sp; ......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 .......R. 1944 Calcutta 385. Lawyers Involved: Kailash Chandra Vs. Nanda Kumar, AIR 1944 Cal. 385 5. Md. NurulHuq with A.B.M. Khairul Haque—For the Petitioners. Khandaker Mahbubuddin Ahmed with Md. Shafiqur Rahman—For Opposite Party Nos.1 and 2. Civil Rule No. 620 of 1......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
....cellor and the Registrar, University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722 and has drawn our attention to the following observations made therein:
“Wherever any person or body of persons is empowered to take decisions after expost facto investigation into facts which would resul......tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
.......- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
......tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....r, Brahmanbaria, rejected the contention of the appellant by his order dated 29-7-67 and declared the disputed properties as enemy properties and recommended lease of the said lands to the other persons.
3. The appellant moved the High Court of East Pakistan under Article 98 of the 1962 Co......ch the appellant was in possession as a co-sharer without partition of the said lands in accordance with law.
6. After the emergence of Bangladesh the Government of Bangladesh seems to have been interested in the properties which vested in the Custodian, Deputy Custodian or Assistant Custodian ......n part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
.... 19 contain the name of Hafizur Rahman and paid rent @ Tk. 40/- per month, rent receipts Nos. 97 to 100 contain the name of tenant A. Mannan and paid rent @ Tk. 70/-. It is in evidence, these are the persons who were the tenants and the respondents used to earn by way of realizing house rent of Tk. ......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. ......ioner-Respondent Judgment August 18, 1977. Result: The appeal is dismissed Cases Referred to- Labhu Ram Vs. Ram Protap, AIR 1944 Lah. 76; S M. Nripjit Ram Vs. Sardar Satinder Singh, AIR 1955 Pun. 190; Dasulal Bhagchand Lal Vs. Narayan Mahadeo AIR 1937 Nag. 105. La......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. ..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
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