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....oard, (1970) 22 DLR 48; Anil Kumar Dutta Chowdhury Vs. Province of East Pakistan, (1971) 23 DLR 108; Ananda Mohan Kundu and others Vs. Province of East Pakistan, (1968) 20 DLR 976 980; Watson and Company Vs. Ramchand Dutta and others, LR 17 IA 110: I.L.R. 18 Cal.10.
Lawyers Involved:
B. N.......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......recovering any money due to the enemy;
(iii) make any contracts, and execute any documents in the name and on behalf of the enemy;
(iv) institute, defend or continue any suit or other legal proceeding, refer any dispute to arbitration and compromise any debts, claims or liabilities;
..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....iming themselves to be co-sharers tenants of the holdings, having no notice of the sale. Their further case is that the purchaser is an stranger and the case land was transferred secretly and without any knowledge of the co-sharer pre emptors. The case land is vitally and essentially necessary for t......p;of the Registration Act and that being the position technically speaking the filing of the pre sent application for pre-emption on 10.3.73 was premature but question is can it be thrown out at this stage for this reason? Can it not attain maturity? Or can it be held that pre-emption application in......tab Miah is directed against the judgment and order dated 29th November, 1975 passed by the learned Subordinate Judge, 2nd Court, Sylhet in Misc. Appeal No. 178 of 1975 arising out of the pre-emption proceeding under section 96 of the State Acquisition and Tenancy Act started by the pre-em..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... that connection he also relied on certain decisions which will be discussed in proper places. 9. Section 24(9) of the Non-Agricultural Tenancy Act provides- “An appeal from any order of a Court under this section shall lie to the Civil Appellate Court having jurisdiction t...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ......ere issued calling upon the opposite party No. 1 pre-emptor Md. Khorshed Ali to show cause, why the judgments and orders dated 6.5.76 passed by the learned Munsif 2nd Court, Mymensingh. Sadar, in the proceedings under Order 9 rule 13 of the Code of Civil Procedure arising out of orders, al..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
.... 21 of the Ordinance and no permission from the Rent Controller is required for payment of the same by the tenant…… (20-22) Unpaid Court fees can be ordered to be paid at any stage by the person by whom such fee is payable— The Court may in its discretion, at ......p;21 of the Ordinance and no permission from the Rent Controller is required for payment of the same by the tenant…… (20-22) Unpaid Court fees can be ordered to be paid at any stage by the person by whom such fee is payable— The Court may in its discretion, at any ...... evidence on record was sufficient to enable him to determine the suit finally. This unfortunate trend should be discarded in order to avoid unnecessary prolongation of litigation and multiplicity of proceedings. Mere disagreement with the findings of the trial Court is no ground for the appellate C..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....the learned Munsif directed the said defendant to answer the interrogatories by 74 12 73. As the said defendant did neither file replies to the interrogatories by date fixed for the same nor did take any step in the matter, the learned Munsif directed the said defendant to show cause why the written......t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ...... settled that where in granting time by a Court for doing any act prescribed or allowed by the Code words of finality have been used, which are capable of operating automatically, bringing the entire proceeding to termination, the Court becomes functus officio and loses jurisdiction to extend the ti..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....trusted friend, lawyer and adviser, used his writing pad for the purpose of fabricating and forging the documents of a contract for sale, receipts for payment of money, etc. He denied that there; was any contract for sale of the suit property or that any money under any receipt was paid to him by th......defendant No. 4 against defendant No.1 for money. This letter is found to have been written in January, 1973 whereas, the matter of contract of sale started from February,, 1972 and came to the final stage in July, 1972, Again, the plaintiff along with two other lawyers was engaged by defendant No. ......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
.... and is of no legal effect. 2. Facts giving rise to the proceedings are follows:- The Chittagong Paurashava by a notice in the newspaper published that there would be an open auction of as many as 11 Pourashava Octroi posts, namely, Group 'A' Jo 'K' for leasing out the said......s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ......e why the notice dated 16-8-76 issued by the respondent No.1 (Annexure A) should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceedings are follows:- The Chittagong Paurashava by a notice in the newspaper published that..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
....rior to the time excluded by the said Presidential Order. Mr. Ansar Ali further submits that with the expiry of the period prescribed by the Presidential Order, the petitioner was not entitled to get any further benefit subsequent to the period governed by the Presidential Order. He has referred to ...... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193 ......'s Order No. 12 of 1972 which runs as follows:- “4. Notwithstanding anything contained in any other law for time in force in computing the period of limitation prescribed for any legal proceeding by or under any law, the period between the 1st day of March, 1971 and the 1st day of Mar..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
....Powers Rules, 1975 (Annexure-A). It is further stated that there is no material for which the detaining authority could pass the order of detention and it is stated that the detenu did not indulge in any prejudicial activity. The respondents by filing affidavit-in-opposition stated that the antecede......rned Deputy Advocate General did not contest this rule of law that has been laid down by the Supreme Court of Pakistan and which was followed by this decision. We shall deal with this case at a later stage. Mr. Chowdhury relied on 21 D.L.R. and 28 D.L.R. 172. In the case of Makhan Lal Sarnakar Vs. G......h provides the reason for the making of the detention order constitutes an offense under the Indian Penal Code would not prevent the detaining authority from passing the order of detention instead of proceeding against him in a Court of law. The detaining authority might well feel though there was n..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)
....nd in the letter of reference, the reference is accepted. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4. ......nd in the letter of reference, the reference is accepted. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4. ......, Addl. Sessions Judge, Dacca, recommending for setting aside the order dated 27.10.70 passed by Mr. M.A. Hye, S.D.O. (North) Dacca, in Case No. law of 1966. 2. It appears from the record that a proceeding under section 145 of the Code was drawn up by the learned Sub-divisional Magist..Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....t and respectable witnesses. It was also asserted that all requirements of law for an application of grant of probate were fully complied with. The Will in question had never been intended to defraud any creditor. Although the claim in Money suit No. 6/69 was false yet in obedience to the orders of ......d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ......s. Surendra Nath has got no relevance in this case. In that case the provisions of sec.283 of the Succession Act, 1925 were construed for determining the question as to who could be parties to a proceeding for probate. Clause (c) of sub-section (1) of section 283 clearly provides for ..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....d at Rs. 2,00000.00 by saying that he himself being an Engineer he took the economic way. of constructing the house and due to his personal supervision he constructed the house without taking help of any labour contractor and thereby saved about 17½ percent of the total costs of the con......(3) stipulates "to gather further information" and it may examine such other records or witnesses or may make "such further enquiry" as it deems fit for the purpose. Then only the stage is set for rule 4 to come into play, Mr. Hossain argued that none of these steps were taken. T......deny the allegation that there had been no application of mind. It is stated that all opportunities were given to the petitioner but the petitioner did not examine any witness. It was denied that the proceeding was taken mala fide at the instance of very interested person. It was reiterated that sin..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
....has acted as an Arbitrator under the T. I. Act got no authority to direct the payment of interest on the amount of compensation since it is neither a Court under the Civil Procedure Code nor is there any provision for payment of interest under the T. I. Act. He has referred to the relevant provision...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ......the Town Improvement Act, if the language of the section could be so construed. Do we get any such language in this section? We find none. We cannot apply the restrictive provisions of the Act to the proceeding or award of the said Court by treating it a tribunal under the Act. The expression "..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
.... an order if it is common' to all. Let us now proceed to consider with reference to Abul Hossain Sana's case the aforementioned questions on which leave was granted assuming that the benefit, if any, of the order of discharge will reach the appellant also. 5. Abul Hossain Sana, it app......if unrebutted, would warrant his conviction, the Magistrate shall discharge him. (II) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be ......llah. Being aggrieved thereby the appellant moved a petition before the High Court Division under Section 561A of the Code of Criminal Procedure (hereinafter called the Code) for quashing of the proceedings of the aforesaid G.R. Case on the ground that the Magistrate after discharging the ac..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
.... loss in fact occurred to the department. In support of his defense the petitioner also referred to the official records and examined the contractors concerned who could have proved that if there was any irregularity, it was done by the Executive Engineer and his Sub-Divisional Engineer and not the ......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ...... A.M. on 21st June, 1975 with his explanation. In the notice a copy of the charge sheet was supplied to the petitioner which contained the allegations in respect of the self-same occurrence for which proceedings had been drawn up against the petitioner and the petitioner had been punished by an orde..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
....structed to stop the additional payment as per provisional agreement and also directed to realize the additional amount that was already paid. The employer had to do so and the Court should not grant any injunction because that would mean payment of few lacs of taka to the workers and prayed for vac......ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
......ment of the bona fide granted to the workers on the basis of agreement dated 25-7-77 and for such or further order or orders as to this Court may seem fit and proper.
2. Facts giving rise to the proceeding are as follows: A conditional agreement was reached between the employers and employees v..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....ences mentioned, in the first column of the following schedule shall be punishable to the extent mentioned in the third column of the same with reference to such offences respectively:- 8 (a) If any goods, the importation of which is for the time being prohibited or restricted by or under this ......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ......ite party has, on the other hand, contended that the Sea Customs Act contemplated a trial before a magistrate for the offence under section 167(8) and (81) of the Sea Customs Act and also a proceeding for seizure of the contraband by the Assistant Collector of Customs. For this proposition..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....2-76 and an order of detention was parsed on 2-3-76 under the Emergency Powers Rules, 1975. It is stated further that the detention order is absolutely vague and the detaining authority has not given any material which weighed' in the mind of the detaining authority for passing the order of dete......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......der which on certiorari could be criticized as one which told its own story and which for error could accordingly be quashed.”
Thus it is clear that the speaking order is only related to a proceeding which is to be dealt by way of certiorari. We have not come across any decision that the ..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....ccording to law, the Courts below were wrong in relying upon the previsions of the said deed of agreement for their finding on the question of default. The learned Counsel has further argued that, in any view of the matter a large amount of unadjusted money as advance having been in the hands of the......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ...... In order, therefore, to determine whether an agreement is enforceable being a valid contract, the 'consideration' for which it has been made must also be shown to be lawful. Before proceeding to consider the lawfulness of the 'object' or 'consideration' of the agre..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....iry came to learn about the taking away of six bags of wheat. On 31st October, 1974 the people found Ismail Member in the house of Rostum Ali and asked him about the wheat and on his inability to say anything he was taken by force by the people to the Union Parishad Office where he was assaulted. ......ffence for the purpose of proceeding in particular way. The expression taking cognizance of an offence means the Court deciding to proceed against the offender with a view to determine his guilt. The stage for such determination does not arise unless the police submits chalan under section 173.......n: “Moreover, before, it can be said that any Magistrate has taken cognizance of an offence under sec. 190 Cr.P.C. he must have applied his mind to the offence for the purpose of proceeding in particular way. The expression taking cognizance of an offence means the Court decidin..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
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