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Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....olice protection under section 13 of the Police Act in respect of the land described-in Schedule "A" of the petition. Opposite party Jadu Gopal Shaha Bhowmick and others claimed undisputed right, title and possession in the said land and also stated the names of the miscreants in......e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ...... held to be for the benefit of the mortgagor. 4. The lower appellate court affirmed the decree of the trial court. It considered that the sale certificate dated 15-12-25, Ext. B, showed that the holding relating to the suit land was in arrear for rent for which the landlord, brought Rent Suit N..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
....not binding on the plaintiff; provided that the determination of the above question does not involve the cancellation or setting aside of such document or transaction.”
12. The notion that disputed questions of title should not be raised in a suit for partition had its origin in England i......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
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Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ...... No.293 (A brought about by the Government of Bangladeshby an order dated 28-4-78 (Annexure-B) published in the Bangladesh Gazette. According to this amendment, an officer of the Bangladesh Army holding the office of the Chief Martial Law Administrator is now qualified for seeking any election...Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ......Commissioner got powers to hold and conduct election to the office of President only when there is a vacancy in that office; and since this "condition precedent" for exercising the power of holding the election has not yet occurred, the Election Commissioner acted illegally and without jur..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....ould not show any Regulation or Order which has laid down the guide-line or classified the cases to be tried by the respective Courts. Government has the power to set up Special Court and this is not disputed. Once a Special Court is established it is at once the duty to supply the norm as to how co......merely "a constitutional deviation for a temporary period end have specified limited objective, namely, the restoration of law and order and normalcy in the country and in earliest possible time holding of free and fair election for the purpose of restoration of democratic institutions." ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....rtain report. Could the question, be decided within the scope of section 143A. The reply evidently is in the negative. Caution should be taken by the Court below not to encourage adjudication of disputed title and possession under the garb of a proceeding under section 143A. A complete end......dition of parties. According to the learned Advocate, Order 1 rule 10 of the Code of Civil Procedure was applicable and the learned Munsif acted illegally in the exercise of jurisdiction in holding that the petition was not maintainable. Mr. Shahid submits that section 143A conte..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......e denied that there was any absolute gift in favour of Sankar Roy who was in Calcutta from long before 1353 B.S. 3. The suit was once decreed and, on appeal, the learned Subordinate Judge, after holding that an absolute right had been transferred to Sankar Prosad Roy, remanded the case for rehe..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....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 ......plications the question before us is whether on the facts and in the circumstances of the case the Tribunal was justified in reversing the order of the Income Tax Appellate Assistant Commissioner and holding that the incomes of the two firms not be tagged together for the purpose of assessment. In t..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)
....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. ......reafter the latter is to award marks on the basis of the said report. It has been alleged that for the Sessions 1973-74, no list of approved libraries for In-service training was notified and without holding such training, the examination for the Master's Degree was held from August 5, 1976 and ..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....the schedule properties since then and that being so the defendants 1 and 2 executed a Registered Muktinama vide No. 2557 dated 13. 4. 76 disclaiming any interest in the suit premises on the basis of disputed kabala. 2. That the defendants never possessed nor claimed any interest in the suit la...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....vision No. 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&......order of attachment was challenged on the ground that no formal proceeding under section 145(1) was drawn up and their Lordships hearing that case set aside the order attaching the property holding that:- “The order was wrong being in contravention of the provision of section&nb..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)
....vision No. 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&......order of attachment was challenged on the ground that no formal proceeding under section 145(1) was drawn up and their Lordships hearing that case set aside the order attaching the property holding that:- “The order was wrong being in contravention of the provision of section&nb..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....ughter. The plaintiff was neither any heir nor a cosharer and he had never possessed the suit land. The suit was barred by limitation and adverse possession. 4. The learned Munsif found that the disputed property belonged to Saferuddin alias Someruddin Hazi and he had 1/3rd share in the propert......t he had been possessing the suit land but neither the name of his mother or his name was recorded in S. A. Khatin No. 104. Taking advantage of the wrong entry in the S. A. Khatian the defendant were holding out threat to dispossess him from the suit land, and hence the suit. 3. Defendant No.1 ..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
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. ......re, clear borga has been mentioned in the khatian. In the absence of any other stipulation between the parties Jasmat would be deemed to have continued in possession as a borgadar on the principle of holding over as enunciated in section 116 of the T.P. Act and as enunciated in principle i..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......ed by the Bank's Medical Officer to be permanently incapacitated for further continuance in permanent service in the Bank. Regulation 22 provides for punishment which can be given after holding enquiry in accordance with the procedure as provided therein. Termination of service simplic..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
...., any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......eing satisfied with his explanation, it was further stated, appointed a Committee of enquiry consisting of three senior officers of the Council to enquire into the matter. The Enquiry Committee after holding an enquiry submitted a report holding him guilty of gross misconduct. This report was accept..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....render possession of a land which was already released from requisition under section 8 of the Emergency Requisition of Property Act, 1948. 2. Facts of the case are very simple and not disputed. The Deputy Commissioner, Barisal by an order dated 21.1.75 requisitioned 3.75 acres of lan......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
....the learned Advocate, seeks to give only a limited view of the modern manufacturing plants. Machineries used for industrial process in the modern times seem to have built-in safety devices. It is not disputed that this fire extinguishing plant is a modern device for extinguishing fire by the jute ma......e out of this order of the Income-Tax Appellate Tribunal according to the department are as follows:-
(i) Whether on the facts and in the circumstances of the cast, the Tribunal was justified in holding that section 29 of the Sales Tax Act is not applicable to the assessee who is a ma..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)
....he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ......re opened by the Tribunal In presence of the parties the recounting is correct and the original count log is wrong. 6. Mr. Ahmed has next contended that the Tribunal fell into an error of law by holding that according to rule 40(4) of the Union Parishad (Election) Rules, 1976 a ballot paper sha..Category: Election Law | Date: 17 Feb, 1978 | Hits: 7
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