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Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)

.... ex­clusively triable by that Court. 4. The informant does not seem to have taken any step against the orders of the Sub-Divisional Magistrate rejecting his aforesaid petitions. On the other hand, it is found that he filed an application again before the Sess­ions Judge for taking cogni......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70.     ..

Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1

Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)

....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65.   ......prose­cuted under section 272 of the Penal Code read with section 25 of the Special Powers Act for making Atta out of adulterated wheat which was injurious to public health. It is cu­rious to note that in the main body of the F.I.R. there is no allegation of any seizure of any adulterated wh..

Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8

New Dhamai Tea Estate Limited Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and others, 1982, 11 CLC (AD)

....t to the Landlord. The right of ownership as well as the right of which it is composed are rights in rem and not in personam and by the lease a right in rem is transferred to the lessee. On the other hand, a ''license" as will appear from its definition in section 52 of the Easement Act......s, (1965) 3 All ER 77 differ from the principle laid down by Denning, LJ in Errington Vs. Errington's cases. 16. It, however, appears that though the learned Judge of the High Court Division noted the principle laid down in these cases, he, after referring to two other cases, namely, Addisc..

Category: Property Law | Date: 6 Aug, 1982 | Hits: 3

Nurul Islam Vs. The State, 1892, 11 CLC (HCD)

....ivisional Magis­trate has stated in his order dated 12-8-78 that none of the P.Ws. stated anything against the petitioner Nazrul Islam. He has further ob­served that even the finger print and hand­writing experts opinion are in his favour. The prima facie case against the petitioner Nazr......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33.   ..

Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1

Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)

....62 Cal. 519; AIR 1962 Pat. 443; AIR 1923 Mad. 92; 61 CLJ 543; AIR 1962 Cal 519; AIR 1914 Cal. 815; AIR 1968 Punjab (Hariana) page 374. Lawyers Involved: BN Chowdhury, Advocate with Parimal Chandra Guha Advocate— For the Petitioner. Sultan Ahmed, Deputy Attorney General as Amicus......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ..

Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1

Bangladesh House Building Fin¬ance Corporation Vs. Bangladesh House Building Finance Corporation, 1982, 11 CLC (HCD)

....ewal of the same. But the tenants continued to possess the premises without renewing or executing any fresh agreement. The Corporation ultimately determined the tenancies and requested the lessees to hand over vacant possession on the expiry of six months' notice on 30th November, 1976. As the l......dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 282.         ..

Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2

M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)

.... Cases Referred to- Hussain Bakhsh Vs. Settlement Commissioner, (1969) 21 DLR (SC) 456=PLD 1970 SC 1; R.P.0' Connor Vs. P.G. Sampath Kumar, A.I.R. 1953 Md 897; Jagannath Prasad Vs. Smt. Chandrawati, AIR 1970 All, 309 FB. Lawyers Involved: K.A. Bakr, Senior Advocate, M.H. Khond...... the Original Side a plaint is presented for admission by the Judge. Rule 4 of Chapter VII provides that when a plaint is admitted the words "Presented on the day of ......" together with a note of any special leave granted, shall be endorsed thereon and signed by the Judge or officer admi..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

....le Wah­edul Islam in Dinajpur town. Accused appellant Abul Hossain is the husband of the sister of accused appellant Abdul Quddus @ Nausha. Accused appellant Abdul Quddus used to live in village Chandpara, P.S. Gobindaganj, District Rangpur. The house of accused appellant Abdul Hossain is in vil......is flat by his invitation but explained it away by saying that the boys who were poor were invited from philanthropic motives. A letter addressed to one of the boys containing a ten shilling Treasury note inviting both the boys to come to his place was produced and it was admitted by the prisoner to..

Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1

Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)

.... the disputed proper­ties appointed under the letter of administra­tion granted in his favour by the learned Dis­trict Judge. 3. The plaintiffs case briefly stated is hat one Girish Chandra Aich Chowdhury exe­cuted, a will on 12-1-1911. One Rain Kumar was an elder cousin of the ...... regard to the facts and cir­cumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40.   ..

Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1

Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)

....t was executed on 21.11.75. This means that the present petitioner got his right in the lands of Ext. A (I) on 21.11.75. In other words, be became a co-sharer in the holding on 21.11.75. On the other hand it is also a settle law that a cause and right of preemption accrues only after a kabala which ......adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250             ..

Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2

Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)

....ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120   ...... Rules, 1976 under which the petitioner has been suspended also provided that instead of placing the petitioner under suspension the authority may require him to proceed on leave--The Secretary's note to the authorities contained the only proposal that the petitioner be suspended--When two optio..

Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2

Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)

....contract by 1982-83. The Company, however, it is said, met with obstruction in their effort to restart work from various Government agencies and refusal by the Sub-divisional Officer, Moulvi Bazar to hand over the tractor and other seized articles. The Forest Department also demanded a certi­fic......agement Board under the Prime Minister Secretariat," it appears, was initiated at the instance of and by Mr. Taheruddin Thakur, the then Minister of State for Information and Broadcasting with a note dated 5-12-74 after discussion with the then Prime Minister Mr. Sheikh Mujibur Rahman. On the b..

Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2

Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)

....ary contract by 1982.83. The company, however, it is said, met with obstruction in their effort to restart work from various Government agencies and refusal by Sub-divisional Officer, Moulvi Bazar to hand over the tractor and other seized articles. The Forest Department also demanded a certificate f......t Board under the Prime Minister's Secretariat" it appears, was initialed at the instance of and by Mr. Taheruddin Thakur, the then Minister of State for Information and Broad casting with a note dated 5.12.74 after discussion with the then Prime Minister Mr. Sheikh Mujlbur Rahman. On the b..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)

.... Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ..

Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3

Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

....actment has been explained in a decision of the Special Bench of the East Pakistan High Court Known as the 'Pan Case' reported in PLD 1965 Dacca 165 in the case of Haji Ghulam Zamin Vs. A.B. Khandkar wherein it has been held that any law regulatory in nature involves inherent limitation and ......tively. If they flow from the power conferred on him and they are not in conflict with law, passed in this regard by the Parliament, or any provision of the Constitution. 33. It has earlier been noted that certain benefits were granted to some government servants who participated in the liberat..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....lish renderings are ours) The preemptor petitioners, it appears, did not adduce any evidence in support of their averments that they owned 15/16 bighas of land. The opposite parties on the other hand also did not lead any evidence that the pre-emptor-petitioners owned-more than 15/16 bighas of ......for pre­emption are affirmed. In the facts and circum­stances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89.   ..

Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1

Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....sh renderings are ours) 6. The pre-emptor petitioners, it appears, did not adduce any evidence in support of their averment that they owned 15/16 bighas of land. The opposite parties, on the other hand, also did not lead any evidence that the pre emptor-petitioners owned more then 15/16 bighas of......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ..

Category: Property Law | Date: 10 Dec, 1981 | Hits: 19

Dr. Abu Ahmed Chowdhury Vs. Bangladesh represen¬ted by the Secretary of the Ministry of Health and Population Control and others, 1981, 10 CLC (HCD)

....about 34 doctors who had also crossed the age limit of 25 years but they were still continuing in service but the petitioner has been picked and served with the notice with an evil eye and an unequal hand and this was nothing but a discriminatory act on the part of the Government. At the time of pas...... to why this particular doctor should be singled out from amongst the 35 persons for the purpose of passing such an order under section 9(2) of Act XII of 1974. In this connection it may be noted that two other professors were also singled out, one Dr. Nurul Islam and the other one Dr. Sk...

Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1

Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)

.... of impartial en­quiry certain officers should be examined. This request was made in the explanation given to the enquiry officer. Mr. Hasib, the learned Advocate for the respondents on the other hand has submitted that procedures 9(9) and 9(12) of BADC Disciplinary Case Proce­dure, 1977 are...... ob­servation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ..

Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2

Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)

....ed Serajuddin, Fazuruddin, Abdus Sattar and Azizul Huq appeared and started assaulting him. Accused Emajuddin snatched away the Mathir (a bag made of cloth) containing Tk. 1200/- from P.W. 1 Rouf and handed over the same to accused Fazir who ran away. His cousins P.W. 4 Mukhlesur Rahman and deceased......ence pas­sed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16   ..

Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3