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....s why he should not be committed for contempt of Court.
2. By an order dated 12.12.70, the Sub-divisional Officer, Jamalpur, directed the Circle Officer (Revenue), Sherpur to take possession of apart of plot No. 14 Khatian No. 22 of Mouza Narayanpur, after evicting the unauthorized occupants in......79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
......79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
.... of protecting the lawful rights and possession of the petitioner threw him out of possession of his legally acquired property. It was, to say the least, an act of extreme high handedness on the part of responsible official bordering on vandalism. Government officials would do well to reme......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....nce with law as guaranteed under Article 31. No notice as required under the law was ever served upon the petitioners by the government which is a violation of the rule of audi alteram partem. The petitioners were in possession of the garden in 1975 and the learned Assistant Attorney ......y of arrears of rent, revenue or other public demands. (b) The said demised lands or any part thereof which may at any time be required for a public purpose may be acquired by Govt. without payment of any compensation whatever on a proportionate reduction being made in the rent payabl......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....y lawful authority whereat the Government tried to make out a case in their affidavit in opposition that the land was resumed in terms of the lease for the failure of the petitioners to fulfill their part of the obligation as a lessee. It is not necessary for me to go into the details of the facts a......recovery of arrears of rent, revenue or other public demands. (b) The said demised lands or any part thereof which may at any time be required for public purpose may be acquired by Govt. without payment of any compensation whatever on a proportionate reduction being made in the rant payable her......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
.... Mondal and others is against the judgment and decree of the learned Special and Additional District Judge, Dacca, reversing those passed by the learned Munsif Second Court, Narayangonj in a suit for partition. The plaintiff's case may briefly be stated as follows: That the suit property or......dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
.... 18th March, 1978 issued by the Secretary Establishment Division of the Cabinet Secretariat of the Government of Bangladesh providing a comprehensive formula for grating benefits to the employees who participated in the war of liberation; the aforesaid memos have been marked as Annexure 'B' ......hall he placed at the bottom at 1958 recruits. Rule 5 says that upon the grant of two years antedated seniority to a freedom fighter, his pay shall be refuted having regard to such seniority, without payment of any arrear pay whatsoever. From the consideration of the aforesaid relevant provisions of...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....ingle Benches of this Court. 2. The petitioners as pre-emptors filed an application U/S 96 of the Act to pre-empt the transfer. The said application was contested by the pre-emptee opposite parties on the sole ground that the application was barred by limitation. The learned Munsif on hear......for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ......for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....Wadud Choudhury J Sultan Hossain Khan J Shahidur Rahman Molla & other……………………………Petitioner Vs. Abdul Halim Molla & others………………………Opposite party Judgment December 10, 1981. Result: The Rule is made absolute. Cases Referred......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
.... Rahman J.— Plaintiff-respondent filed a suit for declaration of title and for recovery of khas possession of the suit land after evicting the defendants therefrom. 2. Admitted case of the parties is that the suit-holding belonged to Mohammad Jan who created a simple mortgage in favor of ......icultural Tenancy Act and or under section 106 of the Transfer of Property Act. 5. Mr. Khondker Mahbubuddin Ahmed, he learned Advocate for the appellant, has contended that as time for payment of the mortgage debt expired in 1945 and defendant No.1 inducted by the mortgagee thereafter......ition of law is that no person can confer on another a better title than he himself has. A mortgage is a transfer of an interest in specific immovable property for the purpose securing repayment of a loan. A mortgagee's interest lasts only as long as the mortgage, has not been paid off. Therefor..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....uit land to remain with the defendant No.1 to the extent of their shares but they would have no objections if the plaintiff was given his share back, out of the suit land. On these pleadings the parties fought out the suit. The court of first instance of a consideration of the pleadings the par......onsideration of Tk. 1000/- by a registered deed, dated 20.10.58 and on the same day an agreement was entered into between the said transferee and the transferor for reconveyance of the said land on repayment of the consideration money Within the stipulated period. Plaintiffs father Samiruddin Mia di...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
....years but they were still continuing in service but the petitioner has been picked and served with the notice with an evil eye and an unequal hand and this was nothing but a discriminatory act on the part of the Government. At the time of passing of the said notice of retirement his age was about 49......hority. In the facts and circumstances of the case there will be no order as to costs.
Ed.
Sultan Hossain Khan J.—I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 21
......hority. In the facts and circumstances of the case there will be no order as to costs.
Ed.
Sultan Hossain Khan J.—I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 21
..
Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
....gh in his explanation named certain persons to be examined by the Enquiry officer but during enquiry he has not requested the enquiry officer to have examined them. Further there was no allegation of partiality or bias against the Enquiry Officer….(5 & 6) Premature application f......astage during transit and distribution. The respondents alleged that the petitioner received the full quantity of oil as mentioned in the invoice or the bill issued by the oil companies and that payment for the oil was made on the basis of this receipt of the oil as stated in the invoice or the...... observation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
.... of the essential functions of the Bar Council under Article 10 is to promote Legal education and to lay down the standard of such education in consultation with the Universities of Bangladesh imparting such education. We do not know whether the Committee has been able to evolve or put some thi......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
.... down a mode of payment different from that provided in contract, while judgment assigned no reason therefore--It was incumbent upon the court to allow review when variation was neither set up by /he parties nor flowed from the judgment……….(9 & 12) Case Referred to- ......s not wide enough to vary the terms of a contract without assigning good reasons for the variation. Specific performance-Variation of contract Variation made in the decree as to the mode of payment--Defendant not setting up a case for variation of the contract--Variation by the court fully......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....e prosecution in brief is as follows: P.W.1 Abdur Rouf who lived in village Dikchai, P.S. Bochaganj, District Dinajpur used to deal in rice and paddy. Deceased Matiar Rahman was his cousin as well as partner. On 31-8- 69 corresponding to 14th Bhadra, 1376 B.S. at about 10 A.M. he was going to krishn......ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....mprisonment for 6 months more under Article 11(d) of the said Order. The accused appellant was further convicted under Article 2(b) (v) read with Part IV (b) of the Schedule to the said order for his participation in October, 1971 in the purported by election as a candidate from NE-40 Kushtia-II con....../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ....../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....ble and enforced by specific performance for contract. Here the purchaser has sought specific performance. The property in question is .153 acre of land with structures, etc. On the other hand, the parties themselves treated it as a divisible contract and the kabala dated 27.1.61 proves the poi...... and for her minor daughter Chilia Randolph and the defendant 3 the step-son of defendant 1 signed the contract on his own behalf. This contract contained schedule of land to be sold and recital of payment of Tk. 2.000/- and the signatures of defendant 1 and 3 and the signatures of 4 witnesses. ......t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....nciples of State Policy, which amongst others contains in Article 22, a provision, saying that the State shall ensure the separation of Judiciary from the executive organs of the State. 4. Apart from the aforesaid provision, the Constitution in Article 7. provides amongst others that ......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....otment in favour of persons affected by the acquisition of land if they become members of the society and apply for allotment. Out of 45.10 acres of land, 30 per cent of the same will have to be set apart for common facilities and thus 600 plots of 3 kathas each will be available for allotment as re......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
.... Lines flight No. TG-303 from Bangkok holding Bangladesh Passport No. C-183020, valid till 10-4-84 (Annexure 'A') and issued in Bonn on 11-4-79 by the Embassy of Bangladesh. The immigration department checked his passport and other documents and cleared him by stamping his passport. The heal......1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
......1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
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