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Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)

....uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in:  28 DLR (AD) (1976) 57. ......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in:  28 DLR (AD) (1976) 57. ......out jurisdiction. A clear case was made on before it that Azim entered into an agreement of purchase with Uttama Devi while he was a tenant in possession and he made part payment of the consideration money. In part, performance of the contract he continued in possession. While he was in possession, ..

Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271

Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)

....rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541     ......roperty Act 1948 was illegal and ultra vires and that the demolition of the structure constructed by him on the aforesaid Plot was also unlawful and for recovery of money for a claim for compensation amounting to Rs. 27373/5 annas 6 Paisa from the defendant Government. There was also a prayer for a ......t Bengal Emergency Requisition of property Act 1948 was illegal and ultra vires and that the demolition of the structure constructed by him on the aforesaid Plot was also unlawful and for recovery of money for a claim for compensation amounting to Rs. 27373/5 annas 6 Paisa from the defendant Governm..

Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2

Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)

....ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411.   ......ris on payment of the value of the said railway Receipt in Pakistan currency. The said M. Kudrutullah deposited Tk. 10,230-11-6 on 15.11.51 in the Central Bank of India Ltd., Rangpur branch. The said amount was attached by the said Sub- Divisional Officer for the realization of demands in Certificat......ash;This appeal is by the erstwhile Province of East Pakistan from the judgment and decree passed by the learned Subordinate Judge, Rangpur in Money Suit No. 5 of 1955. 2. The respondent filed a money suit against the erstwhile Province of East Bengal. In the plaint filed by the plaintiff respo..

Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3

Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co¬operative Bank Ltd, 1975, 4 CLC (HCD)

.... the satisfaction of the decree passed in Money Suit No. 3 of 1960. A.S. Faizul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 523   ......ice of the goods and Rs. 6000/- as anticipated profit totaling a sum to Rs. 68,000/00 as compensation. It has also been prayed in the suit that a declaration may be made that the plaintiff's dues amounting to a sum of Taka 22,500/- has been satisfied out of the value of the hypothecated stock of......ht against the East Pakistan Provincial Cooperative Bank Limited (hereafter referred to as the Bank.) for a declaration that the sale of the goods which were placed as security for the payment of the money taken by the appellant as a loan from the said. Bank was void, illegal and without jurisdictio..

Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3

Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)

....connection with another case. Since, as already mentioned, the order passed under section 41(1) of the Ordinance has not been placed before us, we cannot make any further comment on it. The whole approach seems to be questionable particularly in view of the lack of sufficient materials upo......umstances neither Arms Act nor P.O. 50 can be made applicable to him. Subject, however, to the result of the investigation, the petitioner may find bail on Tk. 5,000/-, with two sureties of like amount each, one being a lawyer   Sd/-S. R. Karmakar, Sessions Judge.” ......cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ..

Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2

Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)

....ny question as to the infringement, of any of the rights so specified, shall remain suspended for the period during which the Proclamation is in force and any such order may be made in respect of the whole or any part of Pakistan." 13. From a perusal of the above quoted provisions it will ......Debesh Chandra Bhattacharya J.- This Rule arising out of an application for setting aside an auction sale of certain lands held under Order 21, rule 90 of the Code of Civil Procedure for an amount of Tk. 70.84 paisa has raised certain important questions of constitutional law of some nicet......to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1.   ..

Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8

Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)

....tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......the Supreme Court of Pakistan in the case of Shah Wali Vs. Ghulam Dim as reported in 19 DLR, S.C. 143. In that case the Supreme Court of Pakistan had to deal with the question of deposit of a certain amount of pre-emption money after the expiry of the date fixed by a decree in a pre-emption suit. Th...... plaintiffs as directed in the said order in consequence whereof the default order became operative. The following order was then passed by the court on 19-4-67:- “Balance of consideration money of Rs. 75/- not deposited within the prescribed time. Hence the suit is dismissed as per order..

Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1

Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)

....le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ......le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ......in the suit land to Sarat Sashi Devi by a registered kabala dated 9-7-28 for a consideration of Rs.600/- and put her in possession thereof. The mortgage debt was satisfied out of the consideration money of the kabala. Sarat Shashi got her name mutated in the landlord's office. She also paid rent..

Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3

Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)

.... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159     ......laintiffs alleged to have purchased the suit land from the vendor is a benami document and that there was a new contract between the vendor and the vendee by which the vendor agreed to take a further amount of Rs. 1,000/- and executed Nedabi deed and according to that agreement the vendee paid Rs. 6......50/- and on the same date an agreement was concluded between the parties to the effect that the principal defendant would reconvey the suit land to the pro-defendant on repayment of the consideration money within 1376 B.S. This agreement was duly registered. Thereafter the vendors sold the suit land..

Category: Property Law | Date: 8 Jan, 1973 | Hits: 2

Dinajpur Industries Ltd Vs. M/s. Hardeo Glass, Alu¬minium, Enamel & Sili¬cate Works, 1972, 1 CLC (HCD)

....s. The suit is pending for a long time. It may be disposed of as expeditiously as possible. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 158. ...... has been corrected as necessitated by changes in law. Correction of description of parties consequent upon new legislation where new law also provide for saving of pending legal proceedings will not amount to addition of party or parties and such correction will not entail any legal consequence of ......rks, an enemy firm represented by East Pakistan Small Industries Corporation (hereinafter referred to as the 'EPSIC' for a decree of a sum of Taka 7, 24,559.20 on account of loan advanced and money spent on miscellaneous accounts by the plaintiff opposite party for the defendant-petitioner. ..

Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2

Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)

....ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem,   CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1   ......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem,   CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1   ......n order of ad-interim. 4.  The defendants No.19 and 11 on be­ing served with notice appeared and filed a written objection in which they denied the ag­reement, receipt of payment of money and the plaintiff's possession of the Tea Estate, as pleaded by me plainnffs in their appl..

Category: Property Law | Date: 5 Jul, 1972 | Hits: 0

Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)

.... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appel­lant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ......marriage by way of Khula-conditional on payment of compensation. The judgment of the first appellate Court was, accordingly, set aside and the case was remanded to the trial Court for determining the amount of com­pensation payable to the appellant. 6. Leave was granted in this case to conside...... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appel­lant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ..

Category: Family Law | Date: 11 Nov, 1970 | Hits: 195

Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)

.... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ......ted his office (1) to draw up a proceeding under section 107 Cr.P.C. asking them to show cause why they should not be ordered to execute a bond of Rs. 1500.00 each with two local sureties of the like amount each, to maintain peace for the period of one year and (2) to issue warrants for their arrest...... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76

Kamal Uddin Ahmed, Director, Holy Crescent Hospital Limited Vs. Chairman, National Board of Revenue, 2015, 44 CLC (HCD)

.... No costs. Communicate the judgment to respondents No.3 and 4 at once. J.N. Deb Choudhury J.—I agree. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 91   ......tagong (briefly stated as the DCT) under section 82BB of the Income Tax Ordinance, 1984 (hereinafter referred to as the Ordinance) showing his income at Tk. 15,88,796/-. He paid taxes of an amount of Tk. 2,67,498/- on his income for the assessment year 2011-2012. The said return was accept...... No costs. Communicate the judgment to respondents No.3 and 4 at once. J.N. Deb Choudhury J.—I agree. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 91   ..

Category: Fiscal/Taxation Law | Date: | Hits: 0

M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)

....cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551       ......a friendly country and then again returned to Bangladesh as citizen of Bangladesh with the clearance from the Government of Bangladesh. If the present position is allowed to continue as such it would amount that the company incorporated in Bangladesh which owned the property in question is a person ......cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551       ..

Category: Abandoned Properties Law | Date: | Hits: 7

M. R. Khan, Chairman of the Board of Governors, Bangladesh National Society for the Blind Vs. Bangladesh and others, 1975, 4 CLC (HCD) Adminis/constitutional

....he order in the present case is the Governing Body and since it has not challenged the order, the Chairman of the Governing Body cannot complain independently of the Body. Had the Governing Body as a whole or at least a majority of its members authorized the petitioner to complain on their behalf, t......mature stage. Accordingly, the Rule in this petition should be discharged for the reasons stated herein before. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 602   ......r otherwise deal with all or part of the properties and rights of the Society as the Board may find necessary. (v) To control and administer the funds of the Society to invest all or any of such money and to release or very such investment as may be determined from time to time. (vi) To ap..

Category: Constitutional Law | Date: | Hits: 2

Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)

....rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423     ...... death of Sohel while he was deprived of the power of self control by grave and sudden provocation offered by P.W. 3 Asia Khatun and that the appellant committed the offence of culpable homicide not, amounting to murder punishable under section 304 of the Penal Code. He has further submitted that th......rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423     ..

Category: Criminal Law | Date: | Hits: 2

S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)

.... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107.     ......the appellant that if he agreed to pay him Tk. 3000/- the heads of cattle brought by Keramat Ali would be accepted otherwise he could take them back, Keramat Ali pleaded that Tk. 3000/-was a very big amount for him to pay but the accused-appellant said that the deal could not be effected for less th......lready with him. A sum of Tk. 2000/- was found with the accused in the pocket of coat which he was wearing. P.W. 15 M.U. Ahmed, Inspector, Bureau of Anti-Corruption prepared seizure-lists for all the money recovered and other articles seized. The appellant was arrested and produced at the Kotwali, P..

Category: Criminal Law, Evidence Law | Date: | Hits: 2

Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)

.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......e under section 406 B.P.C. have not been disclosed against the petitioners. The learned Advocate there-fore, submitted the continuation of further proceedings against the petitioners, would amount, to an abuse of the process of the Court and the fad proceeding should be quashed for the end......ng on behalf of the accused petitioners submitted that the case as air against the petitioners is a false and concocted one instituted only to put pressure upon the petitioners for realization of the money advanced. He further submitted that the petitioners are bona fide businessmen end the transact..

Category: Criminal Law | Date: | Hits: 1

Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)

....decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......o step has yet been taken to sell the mortgaged property of the borrower and as such, mortgaged properties of the borrower is required to be sold first for the purpose of realization of the decreetal amount according to Section 6(5) of the Artha Rin Adalat Ain, 2003. It is further submitted that the......zzaman Khan and as such, according to Section 6(5) of the Artha Rin Adalat Ain, 2003 the mortgaged properties of the borrower requires to be sold first for the purpose of realization of the decreetal money. He submits that the impugned auction notice (Annexure-B) itself shows that there are mortgage..

Category: Civil Law | Date: | Hits: 37