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Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....n such case important thing is to see whether there were materials on record upon which the satisfaction of the Magistrate could be at all grounded. If there exist such materials then the omission to state the grounds of satisfaction will not vitiate the order.” Their Lordships quoted wit......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....9;s daughters, defendants 4 and 5 and forcibly dispossessed the plaintiff's from the suit land in Baishak, 1364 B.S. and hence the suit. 3. Defendant 1 contested the suit by filing a written statement where he stated, inter alia, that Jasmat Sardar was a recorded occupancy raiyat and defend......sumption. The presumption that attaches to a record of right under section 103-B of the Bengal Tenancy Act is only this that the entry in the record of right represents the correct state of affairs on the date that it was prepared. 'Whether that state of affairs is continued even after..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. ......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. ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
....a declaration that it was made without any lawful authority and of no legal effect.
3. The respondents entered appearance and contested the application by filing an affidavit-in-opposition. They stated therein that two separate proceedings had been started against the petitioner. The proceeding......by the Government. This Board as its name implies is responsible for all policy-matters of the Council. There shall be a Governing Body of the Council for general direction and superintendence of the affairs of the Council including the administration of its fund. Officers and employees will be appo..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....out as the Managing Director of the Company and the alleged resolution of the Board of Directors dated 18-8-77 is without jurisdiction and void. 4. Defendant Nos. 1 to 3 did not file any written statement in Court but filed an application under Order 7, rule 11 of the Code of Civil Pr......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....e defendant has come in this appeal. 2. Case of the plaintiffs as set out in their plaint is that plaintiffs Nos. 8-18 along with proforma defendants Nos. 2-5 were proprietors of revenue paying estate comprised in touzi No. 7414 of Faridpur Collectorate, This touzi has been recorded in R. S. Kh...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....he defendant has come in this appeal. 2. Case of the plaintiffs as set out in their plaint is that plaintiffs Nos.8-18 along with proforma defendants Nos. 2-5 were proprietors of revenue paying estate comprised in touzi No. 7414 of Faridpur Collectorate, This touzi has been recorded in R. S. Kh...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....nt leave for the verification to be made by any person other than a director or other principal officer of the company.” 3. Apart from this, in paragraph 20 of the plaint the plaintiff has stated that he sent a telex to the Canopus Shipping Agency requesting them to furnish certain partic......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....ed could not appear due to his illness. He filed certificate of Dr. Abdul Mannan who was Civil Surgeon, Jessore along with his motion. The Civil Surgeon granted the certificate on 13-5-74 in which he stated that the accused petitioner had been suffering from Hepatitis with Jaundice, The learned Spec......passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)
....e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ..Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1
....mate right of the enemy owner. The Defence of Pakistan Ordinance or the Rules framed thereunder did not contemplate the forfeiture or extinction of the private property of a national of an enemy state or of any national including a Pakistani residing in the territory of the enemy state. The Cus......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.
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Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....posed in each other at the time when the partnership was entered into has ceased. Moreover even if the suit was instituted prematurely, this would not be a sufficient ground for dismissing it at this state, as the remaining timber was sold during the pendency of the suit, the initial defect being th......rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....e next date would be fixed after the ensuing long vacation and that the petitioner might not expect so short adjournment for 5 days only till 25.9.75 just on the eve of the long vacation. It was also stated in the petition that since the petitioner was suffering from illness even from earlier date, ...... 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 ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....eld on 12 12.66 was yet executed and registered by defendant No. 3 on the ground that defendant No. 1, the lessee did not pay the rent from the date of auction, and when defendant No.2, the Military Estate Officer under defendant No.3 threatened to cancel the lease for non-payment of the arrears of ......nt No.1 to keep the promise and perform the contract by receiving the consideration money. His evidence has been seriously challenged by the plaintiff on the ground that he took much interests in the affairs of defendant No.1 who allegedly used to entertain him in his restaurant. These two witnesses..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....9; Jo 'K' for leasing out the said octroi posts on yearly basis to the highest auction bidders for period beginning from 1-9-76 to 1-7-77 and the purashava authority had invited tender, It is stated in the petition that it was for the first time that auction was held for leasing out the afor......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. ..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
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 ...... 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 ..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
.... three writ petitions are disposed by this judgment.
2. In Writ Petition No. 267/77 the detenu is Arijitullah Shaikh and the petition has been filed by his mother-in-law Mrs. Anwara Begum. It is stated that the detenu is detained by an order dated 23-3-77 under rule 5(1)(a) of the Emergency Pow......pplies or services essential to the community. The preventive detention was also mentioned in the list No.1 under entry No. 9 as "preventive detention for reasons connected with defense, foreign affairs or security of India, persons subjected to such detention'. Thus the preventive detentio..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)
....om the 2nd party in accordance with section 547 of the Code (Reference in this connection may be made to the case of Ngathan Vs. Emperor in 15 Criminal Law Journal 555). For the reason stated above and in the letter of reference, the reference is accepted. Send down the records a......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. ..Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....pass into the hands of the personal heirs of these ladies, who might be entire strangers to the village.” 7. On consideration of the principles on which the above decisions rest, if may be stated that these principles have no manner of application to a right of pre-emption based on a stat......rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
.... purchased the land from the heirs of Faizuddin Haji on 6-1-66 started disturbing the possession of the plaintiff, whereupon certain criminal cases were brought against the defendants and the suit is stated to have been instituted to remove the cloud which had been cast upon the plaintiff's......se and marked Ext.2. Such a document has no presumptive value whatsoever. As a matter of fact, in the plaint there is no allegation as to the subsequent record of right indicating a contrary state of affairs. The cause of action as alleged in the plaint was stated to be 6-1-66, being the date of the..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
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