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Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....Dacca 272; Serbeshwar Das Mohantu Vs. Baishnab Das Mohanta and others, C.A. No. 24. D of 1969;Kazi Shumsuddin Ahmed Vs. Mst Nurtn Nehar, 21 DLR (Dac) 41; Banduru Battuya and others Vs. Guddutn Chandrayya and others, AIR 1948 Madras 526; Bhabi Dutt Vs. Ramalalbyamal, AIR 1934 Rangoon 303;...... purchase the properties mentioned in the Schedules described' below... …………………………. For the consideration of taking over management of Loobacherra Tea Estate by the Second party and on making an advance of Rs. 3......erty in suit which is known as Loobacharra Tea Estate and also for a declaration that the defendants have no right or authority or jurisdiction to disturb the plaintiff's possession and management of the Tea Estate There is also a prayer in this plaint for an injunction restraining the..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
....e has stated to have worked as joint mutwalli with opposite party No.2 Bazlur Karim Chowdhury. b) to make over a sum of Rs. 70,433.33 paisa to the Waqf estate fund assessed as rent of property at Chandanpura in the town of Chittagong of which he was in possession. c) to vacate the house at Cha......etitioner. a) to render accounts of the Waqf estate for four years during which period he has stated to have worked as joint mutwalli with opposite party No.2 Bazlur Karim Chowdhury. b) to make over a sum of Rs. 70,433.33 paisa to the Waqf estate fund assessed as rent of property at Chandanpur......e manner of the exercise of the same. 9. The Ordinance came into effect on and from the 19th January 1962 and it was promulgated to consolidate and amend the law relating to the administration and management of Waqf property of East Pakistan. Section 102 of the Ordinance clearly says that except ..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
....The Rule is accordingly, discharged. As none has appeared for the respondents, there will be no order as to costs.
Ed.
This Case is also Reported in: 24 DLR (1972) (HCD) 250
......akistan Labour Disputes Act, 1965 was constituted and deemed to be constituted under the Ordinance of 1969, as will be apparent from clause (b) of sub-section (2) of section 67 of this Ordinance. Moreover, the procedure of appointing the member adviser of the Labour Court is substantially the same i...... Brothers Limited which was registered on 25,6.70. The complainant respondent No. 2 was also elected the General Secretary of this union. This Labour Court found that in view of these activities, the management could not remain happy with the complainant-respondent No. 2, and the termination of his ..
Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
....y made with respect to the evidence of PW 7 also applies to the testimony of this witness. Moreover, it is apparent from his evidence that there was enmity between the deceased and his men on the one hand and the accused party on the other. 12. Although PWs 5, 6, 10, 11 and 12 claimed to ......es of occurrence. We may, however, note that the death of Askandar Ali was not challenged in the trial. Similarly, the death of Askandar Ali has not been challenged before us either. Beside, there is over-whelming evidence on record to show that Askandar Ali is dead and that he died of the injuries ......eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in: 24 DLR (HCD) (1972)103 ..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
....ppears that a case is pending before the authority under Rule 30 of the State Acquisition and Tenancy Rules which is also admitted by respondent No. 9 as well as by the respondent No. 4. On the other hand the respondent No. 3 in his report stated that 'no restriction or embargo has been made/imp...... from 1st to 10th of Muharram to remind the people coming to observe the functions within the Imambara not to use shoe, cap and umbrella and such sign board is generally removed after the function is over i.e. after 10th of Muharram. At one stage, of his submissions upon referring to his affidavit i......ith the aforesaid discussions and observations, this Rule is disposed of.
However, there will be no order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 130
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Category: Property Law | Date: | Hits: 0
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....013) 58. ......the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ......the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ..Category: Evidence Law | Date: | Hits: 6
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....P.W.2 mechanically disallowed the Misc. Case under Order 41 Rule 19 of the Code of Civil Procedure. 11. Mr. Abdus Samad Azad, the learned Advocate appearing for the respondent No.1, on the other hand, supports the impugned judgment and order which was according to him just, correct and proper. ......r in Miscellaneous Case No.6 of 2004 is set aside and accordingly, the appeal being Misc. Appeal No.34 of 2001 is re-admitted. 27. Since, the case has been dragging over a period of 12 (twelve) years, the Court of appeal below is directed to hear and dispose of the...... this judgment. 28. Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32. ..Category: Civil Law, Procedural Law | Date: | Hits: 2
AKM Fazlul Haq and anothers Vs. People’s Republic of Bangladesh and others, 2010, 39 CLC (HCD)
....s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ......pplication under Article 102(a) (i) of the Constitution of People's Republic of Bangladesh, the petitioners, being thirty in number, have sought for a direction upon the respondents to grant the Government portion of the petitioners' salary, who are presently serving in different colleg......s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ..Category: Administrative Law, Employment/Service Law | Date: | Hits: 5
M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
....t Government, Jute Trading in Bangladesh has been taken over by the public sector and as such the Jute Press in question might be required by the Respondents in the public interest. We do not see any handicap, legal or otherwise, on the part of the Government to take appropriate steps in that regard......dash;For Respondent Nos. 2 and 3. Petition No. 352 of 19724. Judgment S.M. Hussain J.—A Notification No. 290 Sec. V dated 28.12.71 issued by the Ministry of Commerce of the Government of the People's Republic of Bangladesh under Acting President's Order No. IM-35/71......ed 28.12.71 issued by the Ministry of Commerce of the Government of the People's Republic of Bangladesh under Acting President's Order No. IM-35/71/B dated 26th December, 1971 taking over the management and operation of Helal Jute Press at Daulatpur, Khulna and Rangpur Jute Press at Alamnaga..Category: Abandoned Properties Law | Date: | Hits: 7
.... before any final penal action is taken……(22)
Cases referred to:
Durayappah Vs. Fernado, 1967(2) AELR 152; Wiseman Vs. Borneman, 1969(3) AELR 275.
Lawyers involved:
Khandaker Mahbubuddin Ahmed, with Pathan Shafiqur Rhaman—For the Petitioner.
S. R. P......(1975) 602
......regularities in the proceedings of election of the Governing Body itself. It is contended by the learned Advocate for the petitioner that since the findings of the Enquiry Officer regarding financial management of the affairs of the Society affected the reputation and fair name of each arid every me..
Category: Constitutional Law | Date: | Hits: 2
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....a result of which his intestine came out and he died on the spot. Majibor also caused injuries on the persons of P.W.s 3 to 5 by dao‑blows and caused hurt on the forehead of P.W. 6 by striking with handle of a spade. While the condemned prisoner was fleeing away towards north, Akkas Ali, Dulal Mon......ed that 10/15 years before the occurrence, informant's father Hakim Gazi sold 5 Gondas of land to Hashem Jamadder but the informant purchased that land from Hashem Jamadder 516 years ago and that over it the relationship between the two brothers become strained as the condemned prisoner also wan......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
SM Sirajul Islam Vs. Janata Bank WAPDA Branch, 2013, 42 CLC (HCD)
.... in transferring the instant Title Suit under section 24 of the said Code has seriously committed an error of law and therefore the impugned order is liable to be set-aside. 7. On the other hand, Mr. Akbar Amin Babul, the learned Advocate appearing for the opposite party-bank support......pposite party-bank as plaintiff instituted a suit being Title Suit No.217 of 2002 in the Court of the Artha Rin Adalat and Joint District Judge, 1st Court, Dhaka against the present petitioner for recovery of Taka 9, 05, 53,300. While the suit was so pending the opposite party, the present petitione......reby set-aside. The order of stay granted earlier by this Court is hereby vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 119. ..Category: Banking Law, Civil Law | Date: | Hits: 3
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
....nkata Ramanaja vs. Telikecheraia Kandalal, 97 1C 785; Sheonandan Singh & others Vs. Jeonandan Das, 13 CWN 71;Chennupatti Vs. Nellurai Narayanaswami, AIR 1954 Mad 215. Lawyers Involved: Khandker Mahbubddin Ahmed with S.M.N. Alam and Md. Shafiqur Rahman, Advocates-For the Appellant. ......947 and sentencing him to suffer rigorous imprisonment for one year and also to pay a fine of Tk. 2000/-. 2. The prosecution case is that following the devastating cyclone in November, 1970 the Government decided to purchase and distributes some plough-cattle amongst the cyclone-affected people...... 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. ..Category: Criminal Law, Evidence Law | Date: | Hits: 2
....pt her in confinement and thereafter plaintiff's sons and daughters filed this false suit in her name against her will. The LTI appearing in the plaint and in vokalatnama are not products, of the hand of deceased plaintiff. Defendant No.1 also denied the allegation of fraud and collusion in the ......ion with others created the impugned deed behind her knowledge and got it registered surreptitiously using her name as an executant. She further asserts that the Hiba‑bil‑Ewaj deed was never read over to her and explained and it was not written according to her instruction. Kafiran Nessa was age......y order as to cost.
The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 103.
..
Category: Evidence Law | Date: | Hits: 7
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
.... upon the detenu. This order is under challenge in this Writ Petition. 3. Detenu Khalequzzaman, it is stated in the petition, took active part in the iteration war. He was the President of JSD, Chandpur, Comilla. In 1973 he contested in the general election and he was a vocal critic of the then......t is stated in the petition, took active part in the iteration war. He was the President of JSD, Chandpur, Comilla. In 1973 he contested in the general election and he was a vocal critic of the then Government because of its corruption and nepotism, etc, as a result the local Awami League workers be......ndents could in such in contingency take recourse to the Prisons Act if the detenu was really acting in a manner which was contrary to the discipline of the prison. 9. Prisons Act deals with the management, administration, discipline, conduct and all other affairs regulating the life of the pri..Category: Criminal Law | Date: | Hits: 1
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
....ected. Therefore, dryness certificate (discharged of cargo from the ship) he issues and if the cargo is found short as per shore tanks survey then the carrier is not liable for the same. On the other hand defendants examined no witnesses. 5. The trial Court after considering the issues, depositi......sustained by the plaintiff was due to negligence, carelessness, misconduct of the defendants, the defendants are liable to make good the loss sustained by the plaintiff. Hence the present suit for recovery of the bills. 3. The defendant Nos. 1 and 2 contested the suit by filing written statement....... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....Commissionerate, Sylhet issued a notice claiming demand for the period of July, 2006 charging 15% VAT on the service rendered by the petitioner in the business of hotel and restaurant. On the other hand, petitioner's case is that its industry is a tourism industry and it is not liable to pay 15% V......o the temporary Hotel and Restaurant without fencing and fan and with two valves under SRO-131-Ain/2006/459-Mushak, dated 8-6-2006 (Annexure-D). But the services rendered by the petitioner are not covered under the said SRO and, as such, the claim of the petitioner to avail the exemption under the......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 40
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....tances of the case and, as such, the impugned Judgment is liable to be quashed for secure ends of justice. 12. Mrs. Rona Naharin, the learned Assistant Attorney-General for the State, on the other hand, submits that the learned Judge, Special Tribunal No.3, Chittagong was justified in convicting ......ul Karim and other force went there and surrounded the room No.1 of Yakub colony and caught the accused Joynal Abedin and other 3 persons and searched their body in presence of local witnesses and recovered one country made fire arms (LG) and two cartridges of gun from the possession of the accuse......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....8. By filing affidavit-in-opposition on behalf of the respondents Mr. SM Moniruzzaman, the learned Deputy Attorney-General and Mr. Pratikar Chakma. the learned Assistant Attorney-General on the other hand, opposes the Rule contending that indenting firm (Indenting Sangstha) has been defined in the S......nt Stock Companies and Firms. It was incorporated on 30-4-198; under the Companies Act 1913 with the object to promote, protect and safeguard the interest of the indenting Agent in Bangladesh. The Government promulgated the importers, Exporters and Indentors Registration Order, 1981 and in the sai......om 2004 to 2009 by the Government itself. With these observations, this Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ..Category: Fiscal/Taxation Law | Date: | Hits: 51
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
....e set aside. According to the plaintiffs, the suit land is not liable to be acquired by the Government as compensation assessment roll in respect of the suit has not yet been prepared. On the other hand, the Government contested the suit contending, inter alia, that the Government has acquired the......orted in 25 DLR at pages 248 and 476 He has also referred to a decision reported in 16 DLR (SC) page 281. 5. It is the case of the plaintiffs that the suit land has been illegally acquired by the Government and as such that order should be set aside. According to the plaintiffs, the suit land is ......ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, however without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ..Category: Property Law | Date: | Hits: 19
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