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Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
.... 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 appellants to recover it from the entire interest in the properties. To that extent, th......, 1960 SC 1949; Sri C.P.J. Temple Vs. Harikrishna, A.I.R. 1973 SC 2565; Roshan and others Vs. Mst. Abedur Nessa and others reported in PLD 1963 Dacca 712. Lawyers Involved: Md. Abdur Rashid for B.B. Roy Chowdhury—For the Appellants. B.N. Chowdhury—For the Respondents. .......R. 1973 SC 2565 the Indian Supreme Court upheld the view 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..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......ppeal lies from that order. Dismissal under section 8B (3) of the Court Fees Act cannot be a rejection of the plaint but is a dismissal of the suit. Rejection of the plaint is provided for in section 6(2) of the Court Fees Act and that is at a time before the service of summ......chased by the defendant Nos.1 and 2 front the heirs of the recorded tenant for a consideration of Rs. 1550/- From the endorsement in the kabala, the learned Munsif found that the entire consideration money was paid to the executants before he Sub-Registrar who registered the document. As such the le..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
.... rule 11 of the Code for rejection of the plaint on the ground that the plaint did not disclose any cause of action. Thereafter, on 8-11-77 two applications were filed, one by Mariam Khatun claiming herself to be the real owner of the suit property for being added as a plaintiff in the sui......lication under Order 7 rule 11 of the Code of Civil Procedure filed by the defendant. 2. Facts leading to this Rule, in brief, are that the plaintiff opposite parties instituted a suit for permanent injunction against the defendant petitioner and others. The suit was contested by the ......e for the petitioner. By the proposed amendment, the plaintiffs have introduced a completely new case alleging that the suit property actually belonged to one Mariam khatun who paid the consideration money, the kabalas were obtained in the plaintiff's names for certain reasons, and they had disc..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....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. ......the decision of the Subordinate Judge, Bogra, in Title Appeal No.36 of 1963 reversing that of the Munsif, 3rd Court, Bogra in Title Suit No.183 of 1961. 2. The plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the suit land by evicting the defendants...... possessed the land by their borgadars, that during the revisional settlement operation the suit land had been recorded in the names of defendants 3, 4 and 5 and they possessed the same on payment of money rent, and that the suit was barred by limitation. 4. The learned Munsif dismissed the sui..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....s further contended by them that plaintiff No.1 failed to give possession and the defendants neither possessed the land, from the date of meadi patta nor did they enjoy any usufructs. Plaintiff No. 1 claimed to have got the suit land by an auction purchase but he did never get possession thereof. Th......gment of the learned Munsif, 1st Court, Madaripur, in Title Suit No. 244 of 1962. 2. The plaintiff's case, in brief is that plaintiff No. 1 was in need of money and approached the defendants for a loan of Rs.100/- but he was refused. Thereafter it was agreed that plaintiff No. 1 would execu......al No. 250 of 1963 affirming the judgment of the learned Munsif, 1st Court, Madaripur, in Title Suit No. 244 of 1962. 2. The plaintiff's case, in brief is that plaintiff No. 1 was in need of money and approached the defendants for a loan of Rs.100/- but he was refused. Thereafter it was agr..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
.... empowered to discharge the duties; function and powers of the Managing Director. The plaintiff himself is a permanent Director and a share-holder and is also looking after the administration and his claim to be a Director of administration has not been challenged. The learned Sub-ordinate Judge has......inate Judge 3rd Court, Dacca in Title Suit No. 209 of 1977. This order was occasioned because of an application under Order 7, rule 11 of the Code of Civil Procedure filed by the defendants for the rejection of the plaint filed by the plaintiff-appellant wherein prayers were made for three......n (1967 Chancery 254) in which the Court held that the plaintiff was justified in suing in a representative capacity in respect, of the alleged wrongful disposal by the Director, of the Company's money. It was also held, by George Jessel M R in the case of Pender Vs. Lashington 1877 (6) Chancery..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... e) Transfer to non-qualifying service in an establishment under Government control. The transfer must be made by competent authority; an officer who voluntarily resigns qualifying service cannot claim the benefit of this exception. * * * g) Time occupied in transit from one appointmen......ervice as an engineer in the war-torn country, and later, on October 18, 1972, in another representation he explained his conduct in submitting his resignation and apologized and expressed his regret for his behavior for which the Railway might have taken any exception. The Government after consider......ervice of the petitioner was wholly irregular and ultra vires to the Rules it can not said to have taken any legal effect nor can it be said to have created any right in favour of the petitioner. The money that had been received by the petitioner on the basis of the irregular orders of respondent No..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ...... Govt. of Bangladesh...............................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; A.I.R. 1967, SC-1264; (P.L.D. 1958, S....... even where an alternative remedy is available an application under this Article- may lie if the High Court Division is satisfied that the alternative remedy is not available without loss of time and money. Again, the question of alternative remedy, he has argued further, will be of no avail if the ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ...... Govt. of Bangladesh..................................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; Golam Sarkar Vs. Pakistan PLD 1962, S....... even where an alternative remedy is available an application under this Article- may lie if the High Court Division is satisfied that the alternative remedy is not available without loss of time and money. Again, the question of alternative remedy, he has argued further, will be of no avail if the ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
....of by one Judgment. The two appeals have been heard together and will be governed by this judgment. 2. The plaintiff appellant in F.A. 90 of 1962, Shafiuddin Khan, filed Money Salt Bo. 8 of 1958 claiming Rs. 17,004-8-0 for non-delivery of two consignments of cardamom sent on 17-4-57 and 18-4-37......two appeals have been heard together and will be governed by this judgment. 2. The plaintiff appellant in F.A. 90 of 1962, Shafiuddin Khan, filed Money Salt Bo. 8 of 1958 claiming Rs. 17,004-8-0 for non-delivery of two consignments of cardamom sent on 17-4-57 and 18-4-37 by the East Bengal Rail......oth the appeals). First Appeal No. 90 of 1962 and First Appeal No. 53 of 1962 Judgment M. H. Rahman J.—F.A. No. 90 of 1962 and F. A. No. 53 of 1962 have arisen respectively from money Suit No. 8 of 1958 and Money Suit No. 9 of 1958 dismissed on contest by Mr. A. B. Khan, Subord..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
.... store clerk. These 12 workers had filed separate applications namely the Industrial dispute cases, as referred to above before the Labour Court Chittagong under section 34 of the Ordinance claiming enforcement of certain rights which they alleged were guaranteed and secured to them in ter......, 1969 briefly the Ordinance and the nature of their work is clerical such as store clerk. These 12 workers had filed separate applications namely the Industrial dispute cases, as referred to above before the Labour Court Chittagong under section 34 of the Ordinance claiming enforcement of......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
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....tood in the way of this suit. Hence the plaintiff has come in this appeal. 2. Facts of the case, so far necessary for disposal of the questions raised before us, are that the plaintiff-appellant claimed to have purchased the suit land measuring a little over 3 acres within the vicinity of the D......rt, Dacca in T.S. No. 138/65 was found by the learned Subordinate Judge to have stood in the way of this suit. Hence the plaintiff has come in this appeal. 2. Facts of the case, so far necessary for disposal of the questions raised before us, are that the plaintiff-appellant claimed to have pur......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....t owners of the estate but they have been possessing the under-tenure interests in the other two under-tenures recorded in Khatian Nos. 512 and .514 under the plaintiffs Nos.8 to 18. These plaintiffs claimed to have been in actual possession of the land and some of them have got their homestead ther......1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the plaintiffs as set out in their plaint is that plaintiffs Nos. 8-18 along with proforma defendants Nos. 2-5 were proprietors of revenue paying estate comprised in touzi No. 7414 of F......een shown for shifting the date. The learned Subordinate Judge observed that the sale was thus held by disregarding the provision of section 20 of the Sales Act. Again, 25% of the purchases money was paid by the purchaser on the date of sale but the balance, which was to be paid positively..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... owners of the estate but they have been possessing the under-tenure interests in the other two under-tenures recorded in Khatian Nos. 512 and .514 under the plaintiffs Nos. 8 to 18. These plaintiffs claimed to have been in actual possession of the land and some of them have got their homestead ther...... 1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the plaintiffs as set out in their plaint is that plaintiffs Nos.8-18 along with proforma defendants Nos. 2-5 were proprietors of revenue paying estate comprised in touzi No. 7414 of F......een shown for shifting the date. The learned Subordinate Judge observed that the sale was thus held by disregarding the provision of section 20 of the Sales Act. Again, 25% of the purchases money was paid by the purchaser on the date of sale but the balance, which was to be paid positively..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....dants No.1. 2 and 3. Judgment Abdur Rahman Chowdhury J.- This application under Section 34 of the Arbitration Act arises out of a suit for damages. The plaintiff instituted a suit claiming Taka 54, 43,567/-as damages against principal defendant Nos. 1-6. The present application h......buddin Ahmed with K. Z. Alam and Shah Abu Nayeem -For defendants Nos. 1, 2 and 3- Petitioners. Syed Ishtiaq Ahmed with Rafiq-ul-Huq, and FazlulHaque-For the Plaintiff. M. Fazlul Karim—for Chittagong Port Authority. Admiralty Suit No. 2 of 1977. In the matter of An applicati......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
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......alSessionsJudge and Ex-officio Special Judge granted bail to the petitioner No.3 or a bail bond of Rs. 2,000/-supported by two surety bonds one from local surety and another from a lawyer surety each for a sum of Rs. 2000/- each for a sum of Rs. 2,000/-. The allegations against the petitioner No.3 i......e. "The bail bond of the accused was cancelled and the warrant of arrest was ordered to be issued against the accused. Both the sureties were asked to show cause against forfeiture of the surety money. They showed cause and a medical certificate from Jessore was also submitted along with the pe..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)
.... order under section 144 Cr.P.C. The impugned order undoubtedly has been passed without jurisdiction. Though the order is a dead order, it may be prejudicial to the petitioner regarding his claim of alleged possession, and, as such, it liable to be set aside. Mr. Rafiqur Rahman contends be......f Sub-Divisional Magistrate, Sadar, Sylhet stating that he was in possession of the land described in the petition and he grow paddy therein, but the O.P. Nos. 2 and 3 were preparing to reap paddy by force. Misc case No. 118 of 1975 arose out of the petition. The Sub- Divisional Magistrate referred ......e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ..Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1
....s that the plaintiff was serving as Officiating Physical Education Teacher in the scale of Tk. 200-375/-, a scale higher than the one mentioned in the letter of appointment. This lends support to the claim of the plaintiff that he was selected as Physical Education Teacher and has been working again...... Appeal No. 79 of 1970.
Judgment
M. H. Rahman J.—This is a second appeal. The appellant, Md. Abdur Rasheed, filed Title Suit No. 36 in the Court of Subordinate Judge, 1st Court, Dacca for a declaration that the order dated 22. 2. 66 of the Deputy Director of Public Instructions, Dacc......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
....the Custodian of Enemy Property to recover possession of a property which is an enemy property within the meaning of Rule 182 of the Defence of Pakistan Rules and is in the possession of a person who claims a right in the said property.
30. Of the disputed properties, the appellant claims 17.67......perties, which stood in the name of one Paresh Chandra Bardhan, on the basis of valid documents, that certain other lands standing in the name of Chittotosh Bardhan were debutter properties dedicated for the worship of the ancestral family deity of the appellant, who, being the eldest member of the ......r all or any of the following matters, namely:-
* * *
(iv) preventing anything likely to assist the enemv or to prejudice the successful conduct of war, including—
(d) advance of money to, or contracts or commercial dealing with the enemy, enemy subjects or persons residing, car..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....ary intendment. In the absence of any thing in the statute itself to show that it is meant to have retrospective operation, it must not be taken to have the effect of altering the law applicable to a claim in litigation which was in existence at the time when the new law came in to force. In Maxwell......of 1973. In the matter of: Notice being process No.3823 dated 18.5.73 issued by the Assessing Officer, Narayanganj Range, Narayanganj demanding payment of purported Urban Immoveable Property Taxfor the years 1957-58 to 1972-73. Judgment Ruhul Islam CJ.—This Rule Nisi was issued......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. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
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