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Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
.... 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 ...... 3. Mr. Golam Rabbani the learned Advocate appearing in support of the Rules contends that the learned District Judge acted illegally and with material irregularity in the exercise of jurisdiction in holding that the appeals are barred by limitation without applying mind to the necessary facts and r..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
....beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
...... lawful authority and in an unlawful manner.”
We have given our anxious consideration to find a reasoning and we could see the Division Bench dismissed the contention of the respondents by holding that rule, 5(1)(a) does not, however, provide for preventive detention for smuggling. With r..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....notice of the transfer was served upon the pre-emptors. The pre-emptee erected a hut, took possession in 2 cowsheds of the pre-emptor No. 2 on 9. 5. 72 in his absence giving out that he purchased the disputed l and Pre-emptors came to know of the alleged transfer initially on 9.5.72 and thereafter d......7) Section 96 of the Act is not applicable since the land transferred is a homestead. The pre-emptee is bound by recital made in the deed of transfer. The homestead being a part of the holding of a raiyat is not excluded from the operation of the section 96 of the Act&hellip..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
.... a suit for declaration of title and for recovery of possession of certain lands, brought by Respondent No.1, was decreed. 2. Respondent No.1 instituted the suit on the allegations that the disputed land originally belonged to one Aftabuddin Sarkar, who gave the land in usufructuary mortga......share on the basis of an amicable partition with his co-sharers. 5. On appeal the Second Court of the Additional District Judge, Dacca, reversed the findings of the trial Court on holding that Faizuddin Haji acquired the right, title and interest in respect of the disputed land b..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....ine an application and to ascertain the facts whether any cause of action has been revealed before it decides to proceed with the matter. The learned District Judge, on consideration of the facts not disputed in the pleadings of the parties, found that the petitioner had no locus standi and rejected......application and for proving the locus standi of the petitioner. After hearing both the parties the learned District Judge by his order dated the 30th June, 1970 dismissed the Miscellaneous case after holding that the petitioner had no interest in the estate of the deceased and as such he had no locu..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....n with the land. It was mentioned that his father-in-law had made a gift to his wife by cheque No. DFA 205371 dated 22-4-65 for Rs. 150001- of National Bank of Pakistan and also Rs. 20001-in cash. He disputed the costs of the construction of the Gulshan house which was taken by the Screening Board a......de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
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Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ......assed either under section 209(2) or under section 253 of the Code and as such the said order was to be set aside by a higher Court. But the High Court Division summarily rejected the said petition holding that on the facts and circumstances under which the final report was submitted and the ord..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
....l District Judge, 1st Court, Sylhet in Title Appeal No.411 of 1969 arising out of suit for declaration of the, plaintiffs right of permanent residence and that he is not liable to be evicted from the disputed premises or in the alternative for permanent injunction restraining the Defdt. Nos.1 and 2 ...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
...., originally the department referred the cases of Abu Naser, Executive Engineer, Golam Rabbani, Sub-Divisional Engineer, Abu Taher, Sub-Divisional Engineer and Abul Hakim, Section Engineer, It is not disputed that the case of the present petitioners was not referred to the First Screening Board, Obv......ng Board after considering of the evidence recorded by the Board found the two Sectional Officers guilty of the charges and recommended for their compulsory retirement with financial benefits and withholding of two annual increments of the Sub-Divisional Engineers. The Establishment Division after c..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
....laintiffs, 17 in number filed a suit for permanent injunction restraining the defendant from interfering with the plaintiff's use in the suit land as the path was. According to the plaintiffs the disputed land appertaining to C.S. plot No. 640 of khatian No.22 and plot 1084 of khatian No. 873 of......rs Daud Hossain and Insan Sk. in the suit land by any competent and reliable witnesses. 4. On appeal the learned Subordinate Judge reversed the decision of the trial Court and dismissed the suit holding inter alia that the plaintiffs have "no easement right over the suit land and as such t..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....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. ......efault. 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 respondents the Courts below were wrong in holding the petitioner a defaulter under the provisions of the Premises Rent Control Ordinance...Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
.... directed against the judgment of the lower appellate Court affirming the judgment of the trial Court decreeing the plaintiff's suit for declaration of title and confirmation of possession of the disputed suit land. According to the plaintiffs the disputed jot belonged to one Kasimuddin and......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ...... Act. 2. Tahrul Karim alias Tuhurul Karim Khan Chowdhury filed an application under section 96(1) of the Act for pre-empting transfer dated 20.1.69 on the assertion that he is a tenant holding land contiguous to the and transferred. In this application as many as 9 persons including t..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......ether in the facts and circumstances of the Case assessment was barred by law of limitation." The High Court by its judgment and order dated 1-12-67 answered the question in the negative on holding that the impugned assessment was not barred by the law of limitation." 7. Spe..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ...... 34 of 1974 (I.R.O. Case No.629 of 1973 under Order IX, rule 13 of the Code of Civil Procedure, dismissing the case. 2. Petitioner's contention is that the Labor Court was wrong in holding that the petition under Order IX, rule 13 read with section 151 of the C..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ......rt dismissed the appeal that was taken from the award before that court. The High Court of Bangladesh on 3rd of July, 1972 dismissed the appeal taken from the execution proceeding by the appellant holding that the question whether the decree holder is a firm or a person could not be agitated in ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ......e of the prosecution to adduce evidence in spite of several opportunities being allowed the learned Magistrate discharged the accused under section 253 of the Code without recording any evidence holding that the charge was groundless Subsequently, on an application by the Court Sub-Inspector th..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ......s in support of the case of the defendant that the accident was due to the negligence of the Crew of "M.L. Jalamoni". 8. Issue No. 1 was decided by the learned Judge on August 15, 1966 holding that the Court has jurisdiction to entertain the Suit in its Admiralty Jurisdiction. Thereaf..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
....circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417. ...... the owner of land contiguous to the land transferred and that this application is not maintainable in law and is barred by limitation. 4. The learned Munsif rejected the claim of the transferee holding that section 96(4) of the Act gives the right only to those transferees who are co..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
.... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
......d it involved the reopening of the assessment for the years 1947-48 and 1948-49. The Income-tax Officer by his order dated 15.7.61 overruled the objection and rectified the revised assessment on holding that the Company having been found by the Appellate Assistant Commissioner to be a non-..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
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