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Benoy Bhusan Bardhan and others Vs. Sub-Divisional Offi­cer, Brahmanbaria and another, 1977, 6 CLC (AD)

....est, profit or right, present or future, arising therefrom or incidental thereto. (3) In respect of the property of a person who is a citizen of Pakistan or the ruler or a subject of an Acceding State, and who is an enemy within the meaning of clause (b) of rule 161, the Custodian shall have, i......J Fazle Munim J Benoy Bhusan Bardhan being dead, his heirs, Pronoy Bhusan Bardhan and others………………………….Appellants Vs. The Sub-Divisional Offi­cer, Brahmanbaria and another...............Respondents Ju......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. ......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. ..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)

.... 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-emptors Wahab Ali and Chand Ali. On 26.12.72 on......al Jurisdiction) Present: Siddique Ahmed Chowdhury J Aftab Mia…………………………….................Petitioner  Vs. Wahab Ali and others……………..................Opposite parties ......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.     ......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)

....rty to present a fresh one. In the case of Jamiyat Ali Vs. Mrs. Chemon Ara Begum and others, (1968) 20 D L.R. (Dacca) 480 a Division Bench has held:- Proceeding under section 96 of the State Acquisition Act being original in nature, the procedure provided in the Code of Civil Procedur......urt Division (Civil Revisional Jurisdiction) Present: Siddique Ahmed Chowdhury J Ibrahim Hossain and Delwara Begum……………….Petitioners Vs. Md. Khorshed Ali and others…………….....................Opp...... DLR (Dac) 257 ; P.L.D. 1964 (Dacca) 155; Birendra Nath Biswas Vs. Monorama Devi and others, A.I.R. 1948 Cal. 77; Mohammad Ali Vs. Dr. M. Abdul Gaffur and others in Civil Revision Case No. 652/6; Din Muhammad Vs. Abdul Aziz, P.L.D. 1967 (Lahore) 653; Hiji Rahimuddin Sheikh and another Vs. Nasimaddi ...... 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

Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)

....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. ...... Appellate Division (Civil) Present: Kemaluddin Hossaia J Debesh Chandra Bhattacharya J Fazle Mumm J Dwijendra Lal Nath................................Appellant Vs. Abu Zafar..........................................Respondent Judgment August 23....... Cases Referred to- Manindra Chandra Dey and others Vs. Govinda Prasad (1951) 3 DLR 313; Sheikh Ayezuddin Vs. Priya Shankar Chowdhury (1954) 6 DLR 505; Shah Wali Vs. Ghulam Din @ Gamon and Muhammad Din (1967) 19 DLR (SC) 143; Rajendra Shirali and others Vs. Mahadev Shirali (1975) 27 DLR 2......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. ..

Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111

Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)

.... Chairman, Ctg. Pourashava and others……………Respondents Judgment August 17, 1977. Result: The rule is made absolute. Cases Referred To- State of Madhya Pradesh Vs. Bhailal Bhai. AIR 1964 (SC) 1006 A.I.R. 1961 (SC) 41; A.I.R 1962 (SC) 13......Badrul Haider Chowdhury J Abdul Matin Khan Chowdhhury J Md. Ajmal Khan………………………….......................Petitioner Vs. Chairman, Ctg. Pourashava and others……………Respondents ......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.   ......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)

....nadhir Sen J.-These two Rules are directed against two orders of the learned District Judge in respect of two appeals arising out of two applications for pre-emption under section 96 of the State Acquisition and Tenancy Act. The petitioner filed Misc. case No.117 of 1966 on 7.7.66 for......il Revision Jurisdiction) Present: Ranadhir Sen J Aram Ali Mondal…………………………………Petitioner Vs. Lutfar Rahman Dewan ……………………&hellip...... 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

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

....19 D.L.R. (S.C.) 417; 21 D.L.R. Abdus Sattar Vs. Govt. of Bangladesh,(1977) 29 D.L.R. 187; Bihar Vs. Kameswar, A.I.R. 1964 (SC) 59; Makhan Lal Sarnakar Vs. Govt. of East Pakistan; Moklesur Rahman Vs. State, (1976) 28 D.L.R 172; Liversidge Vs. Anderson (1942 Appeal Case, 206 Gopalan and Vs. State of ......Khan Chowdhury J Mrs. Anwara Begum wife of Mr. Hannan (In Writ Petition No.267/77), Md. Abdu Gafur (In W.P. No.352/77), Anwar Mollah (In Writ Petition No.213/77).................Petitioners Vs. Govt. of Bangladesh and 2 others…………………&he......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.   ......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.   ..

Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4

Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)

....d in: 30 DLR (HCD) (1978) 4.     ......bsp; ......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.     ..

Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2

Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)

.... Serajuddin Talukder and others..............Opposite Parties Judgment August 9, 1977. Result: The Rule is discharged. Right of preemption under section 96 of the State Acquisition and Tenancy Act is a statutory right and is to be exercised within the scope of th......;   ......s of the Allahabad High Court, the right was based on a contract or village custom and their Lordships while searching for the genesis of the right, observed that it was due to "influence of the Muhammadan Law" and as such in assertion of the said right, the principle of justice, equity an......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)

....raised by the entries in Ext A. The trial Court held in favour of the plaintiff’s title on the view that there had been a subsequent record of rights prepared under the provision of East Bengal State Acquisition and Tenancy Act, where the plaintiff's predecessor has been recor­ded as t......tacharya J Fazli Munim J Akrab Ali and others…………………………………………Appellants Vs. Zahiruddin Kari and others..........................Respondents Judgment August ......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ..

Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....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       ...... Chowdhury J Abdul Matin Khan Chow­dhury J Abdus Saleque……………………………………..Petitioner Vs. Secretary, Establishment Di­vision, Government of the People's Republic of Banglade......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       ......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       ..

Category: Property Law | Date: 27 Jul, 1977 | Hits: 2

Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)

.... 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.   ......on (Civil Appellate Jurisdiction) Present: S. Ahmed J M.H. Rahman J Bangladesh.…………………………Appellant Vs. Abdur Rashid & others........Respondents Judgment July 18, 1977. Result:...... 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.   ...... 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.   ..

Category: Property Law | Date: 18 Jul, 1977 | Hits: 2

Abdur Rahman Vs. The State, 1977, 6 CLC (AD)

....Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdur Rahman…………............Appellant Vs. The State................... Respondent Judgment July 13, 1977. Result: The a......S.A.B. Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdur Rahman…………............Appellant Vs. The State................... Respondent Judgment July 13, 1977. Resu......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.   ......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.   ..

Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72

Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)

....me cultivable in course of time by gradual accumulation of sands. The landlord possessed the same through bargadars. Thereafter, the Government stepped into the shoes of ex-landlords and by virtue of State Acquisition and Tenancy Act settled the same in favor of one Md. Insan Sheikh. Insan possessed......61. ...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 2

Manager, Sonali Jute Mills Ltd Vs.Secretary, Sonali Jute Mills Workers Union, & others, 1977, 6 CLC (HCD)

....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. ...... Present: B.H Chowdhury J M.H. Rahman J Manager, Sonali Jute Mills Ltd………………………………Petitioner Vs. Secretary, Sonali Jute Mills Workers Union, & others..........Respondents Judgment...... order dated 16-8-73 passed by the Labor Court, Khulna, in I.R.O. Case No.395 of 1973 is set aside as being without 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......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. ..

Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

.... Govt. of Bangladesh............................Opposite party Judgment June 21, 1977. Result: The Rule is discharged. Cases Referred To- Mosam Khan and others Vs. The State (1969 SCMK 208); Sultan Ali Nanghiana Vs. Nur Hussain, in AIR 1949 Lahore 131; Wolverhampton N......eme Court High Court Division (Civil Revisional Jurisdiction) Present: K. M. Subhan J A. T. M. Afzal J Jogesh Chandra Datta..............................Petitioner Vs. Govt. of Bangladesh............................Opposite party Judgment June 21, 1......, 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.       ......, 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.       ..

Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1

Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra Vs. The State and others, 1977, 6 CLC (HCD)

....iminal Special Jurisdiction) Present: BadrulHaider Chowdhury J M.H.Rahman J Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra.............. Petitioners Vs. The State and others.................................................OppositeParty Judgment J......sion (Criminal Special Jurisdiction) Present: BadrulHaider Chowdhury J M.H.Rahman J Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra.............. Petitioners Vs. The State and others.................................................OppositeParty Jud......ion. The Rule is accordingly made absolute. Before parting with this case we acknowledge the assistance that was rendered 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)......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.   ..

Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1

Khulna Shipyard Employees Union Vs. General Manager, Khulna Shipyard and two others, 1977, 6 CLC (HCD)

....sult, the rule is discharged without any order as to costs. Abdul Matin Khan Chowdhry J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ......cial Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Khulna Shipyard Employees Union (Registered No.441) Matiakhali, Khulna.......Petitioner Vs. General Manager, Khulna Shipyard and two others...................Respondents Judgment......sult, the rule is discharged without any order as to costs. Abdul Matin Khan Chowdhry J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ......sult, the rule is discharged without any order as to costs. Abdul Matin Khan Chowdhry J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ..

Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1

Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)

.... Special Tribunal No.II, Comilla and another.............Respondents Judgment June 9, 1977. Result: The rule is discharged. Case Referred To- Monomohan Shaba Vs. The State, (1976) 28 DLR, 185; Dost Mohammad and ors. Vs. The State, (1977) 29 DLR 122; A.K. Roy Vs. The......rt High Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J Md. Kalu Bhuiyan@ Kalu Miah................................Petitioner Vs. Special Tribunal No.II, Comilla and another.............Respondents Judgment June......28 DLR, 185; Dost Mohammad and ors. Vs. The State, (1977) 29 DLR 122; A.K. Roy Vs. The State of West Bengal, A.I.R. 1962 Cal. 135; Copal Marwari & ors. Vs. Emperor, 45 Criminal Law Journal, 177,; Muhammad Nawaz Khan Vs. Noor Mohammad Khan and others, P.L.D. 1967 Lahore, 176; Falak Sher and anoth......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124.   ..

Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2

M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and ano­ther, 1977, 6 CLC (AD)

....costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ...... Debesh Chandra Bhattacharya J Fazle Munim J M/s. Abdur Rahman Abdul Ghani……………………………….Appellant Vs. M/s. East and West Steamship Co. and ano­ther…......Respondents Judgment ......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357