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Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....Result: The Rule is made absolute. Cases Referred to- Syed Ahmed Jamil Vs. Kabir Ahmed (1970) 22 DLR 231; Malik Manjur Elahi Vs. Lala Bishambar Das (1964) 16 DLR (SC) 246; Moslem Fakir and others Vs. Ainuddin Talukdar and others (1965) 17 DLR 705. Lawyers Involved: Syed Aziz......ted land between the parties. The order discloses that the learned Magistrate did not apply his mind at all in the case. When he fixed 11-2-74 for filing written statement by the 2nd party it was not proper on his part to pass the impugned order on that date. The proceeding was dropped without any f..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....ed in: 31 DLR (HCD) (1979) 66. ......pector Police Lines. Barisal to depute a police party consisting of 9 Constables, one naik and one Head Constable for. 15 days to O.C. Charfasson P.S. to maintain peace and order regarding the landed property of Jadu Gopal ShahaBhowmick in Charmaya. J.L. No. 126 and in Faridabad. J.L. No.77 under Ch..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......pector Police Lines. Barisal to depute a police party consisting of 9 Constables, one naik and one Head Constable for. 15 days to O.C. Charfasson P.S. to maintain peace and order regarding the landed property of Jadu Gopal ShahaBhowmick in Charmaya. J.L. No. 126 and in Faridabad. J.L. No 77 under Ch..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
....man J
Abdul Majid Howladar…………….Defendant-Appellant
Vs.
Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others………………Plaintiff-Respondents
Judgment
J......1 including the suit land,-but defendant No. 1 got the suit land released and paid rent for the same.
4. Defendants Nos. 2 and 3 contended that Mujahar was the real auction purchaser of the suit property and he got the sale certificate and obtained delivery of possession in the suit land. Their..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
.... just delivered by my learned brother Afzal, J in the case, I would like to add a few words of my own on some aspect of the chemical examination. 2. Facts of the case have been very ably set out and discussed by my learned brother and it is not necessary to go into those, section 510 ......oubt about the post mortem examination at the Dacca Medical College Hospital inasmuch as P.W. 14 the Doctor did not say that he was a Doctor attached or that hospital or that he was authorized by the proper person to hold the post-mortem examination. True, the witness has not said anything on this p..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)
....(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; Anisminic Ltd, 1969 (2) Appeal Cases 147; Kefhabananda AIR (SC) 461; Actoan Afzal (1969; 21 DLR (SC) 123; State of West Bengal Vs. Anwar Ati AIR 1952 ...... is of no legal effect and for directing the respondents not to execute the sentence pending hearing of the Rule add for such other or further order or orders passed as to this Court 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. Fa..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
.... This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......n each of the proceedings. 2. One Rahul Amin Sardar filed an 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 measur..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
..... This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......ew expressed in A.I.R. 1943 Madras 698 (F.B.) and observed: “The decree of the High Court here in so far as it held that the mortgage money can be recovered only from the half share in the properties Was also a decree in favour of the respondents as it did not allow the claim of the appel..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
....Chowdhury J.-This rule is directed against an order passed by the learned Munsif allowing opposite parties Nos. 6 to 11 to be added as defendants in this suit.
I have heard the learned Advocates and perused the impugned order, the petition and the counter affidavit on record. The records of the......he counter affidavit on record. The records of the case were not called for.
2. Short facts leading to this rule are that the plaintiff petitioner instituted a suit for declaration that the suit property was not enemy property, that it was the khas property of the Wakf Estate of which the plain..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....Jurisdiction) Present: S. M. Mohsen Ali J A. T. M. Afzal J Badrunnessa..........................................Petitioner Vs. Vice-Chancellor, University of Dacca and others....................Respondents Judgment April 13, 1978. Result: The R...... alleged infraction under the circumstances delineated in the affidavit-in-opposition, is really a matter which involves an academic issue rather than legal. He has submitted that it is only just and proper that the University should be left alone in such matters Jo decide its own course in the inte..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)
....bsp; ....... 160/1973 posing the question as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing up formal proceeding and passing of the initial order under section 145(..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)
....bsp; ....... 160/1973 posing the question as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing op formal proceeding and passing of the initial order under section 145(..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
.... 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 and ors (1962) 14 DLR 801; 17 DLR (SC) at 392; Aminuddin Biswas ......ith of her evidence may be to show that the presumption has been rebutted.” The learned Subordinate Judge has not adverted to this case, though relied on by the learned Munsif. For want of proper approach to the material question in the matter and non-appreciation of the evidence on the r..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
.... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......hough it is called a mortgage, and though it will be convenient to follow the nomenclature used in the document itself and in the pleadings and judgments in the Courts below, is not a mortgage in any proper sense of this word. It is not a security for the payment of any money or for the performance ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....ed by Mian Abdul Gafur, Advocate-on-Record - For Appellant (In Civil Appeal 62 of 1978). Dr. Ahmed Hossain, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record - For Respondents 1 and 2 (In both the appeals). B. Hossain, Advocate-on-Record - For Respondent No.3 (In Civi......ugned orders were legal and valid; and as there was no blame or stigma in the said orders, no show cause notice was necessary. 5. Decision on the question raised in the appeals mainly depends on proper interpretation of Regulation 12(ii) of the Bank's Staff Regulation. Contention of th..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
....(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.……&hell......that the said Council when established shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property and shall by the said name sue and be sued. It may be noted that these ingredients and auth..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....sion (Civil Appellate Jurisdiction) Present: K.M. Subhan J Abdul Momith Chowdhury J Shnmsul Huda....................................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Result: The appe......e is clearly illegal. The learned Advocate has extensively argued that in so far as the question of the suit being barred under the provision of section 42 of the Specific Relief Act is not properly appreciated and a wrong Interpretation has been sought to be given by the learned Advocate ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
.... Civil Appellate Jurisdiction) Present: Shatiabuddln Ahmed J M.H. Rahman J Mr. Kalimuddin Ahmed.............................Appellant Vs. Federation of Pakistan and others..............Respondent Judgment January 31, 1978. Result: These appe......e consignments were in transit and it was contended that the service of notice under section 77 of the Act and that under section 80 of the Code of Civil Procedure were not valid, proper and legal. 4. On the objection of the defendants 1 and 2, defendant No. 3, Deputy-Collec..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
.... Revision No.1263 of 1977. Judgment A.R. Chowdhury J.—This rule is directed against an order passed by the learned District Judge allowing the temporary custody of the minor son and daughter of the petitioner to the mother, the opposite party in this rule. 2. I have heard ......ldren which were conditions precedent for the order of interim custody passed by the learned District Judge. Be that as it may, since the main case is pending, it is neither desirable nor would it be proper for me to express any opinion either way at this stage. But, I am satisfied that the order of..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....se is also Reported in: 31 DLR (HCD) (1979) 74. ......he purchaser as tenant-in-possession their title was threatened and hence they filed the suit for declaration of their title. It is therefore, not a suit against the sale to the Touzi. The suit is in proper form and is found to have been rightly decreed. 12. Before we conclude we like to observ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
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