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Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
....s letter dated 23-9-77, Exb. 12 issued an order dated 2-11-74 giving effect to the re-commendation of the Commission from 1st October, 1974 in anticipation of Government order. This implementation in part, it was contended, was a matter of grace, and all the employees of this Industry numbering over......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....en owners of the land long ago were, it has been alleged trying to disturb the plaintiffs' possession puttin claims of title and possession. There upon a series of litigation followed between the parties. The plaintiff riled a suit being Title Suit No. 138 of .1965 in the 1st Court of Munsif, Da...... filed, and secondly, because the matters in issue between the two suits are altogether different. Mr. Serajuddin Ahmed has submitted that the former suit was a suit for injunction which was filed on payment of court fees of Tk. 25.00 whereas the subsequent suit is a regular title suit filed on paym......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....has been filed on behalf of the defendant Nos.1, 2 and 3 for staying the proceedings of the suit and for directing the plaintiff to act in terms of the Arbitration Clause as stipulated in the charter party. The plaintiff has contested the application by filing an affidavit in opposition to which the......Division, 539 at 545, Lindley L.J. held as follows: “The effect of the reference to the charter party in the bill of lading is to incorporate so much of the charter party as relates to the payment of freight and other conditions to be performed on the delivery of the cargo. But there is n......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
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....Mia & others……………………………Petitioners Vs. Barista Krishna Kundu & others...........................Opposite parties Judgment December 15, 1977. Result: The rule is made absolute. Cas......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....l. XXV, page 440. In the case repeated I.L.R. IV page 865 the view has been taken that the Magistrate is not justified in forfeiting a re-cognizance under Section 502 of Act X of 1972 unless the party charged with a breach of the peace has had an opportunity to cross examine the witnesses ......for one month under each Section and to pay a fine of Rs. 500/- in default to suffer R. I. 15 days more. 4. Under the order dated 2.11.74 of the learned Special Judge sureties were exempted from payment of 3/4lh of the forfeited money but no exemption was allowed in respect of forfeited money o......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
....r 29, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Province of East Pakistan Vs. Syed Hatem Ali and others (1968) 20 DLR (SC) 129; Sufia Khatun Vs. Secretary, Revenue Department, Government of East Pakistan and others, (1968) 20 DLR (SC) 18; Mumtazuddin Ahmed Chowdhury......the matters relating to the trading or the carrying on business with enemy firms. It is rule 182 which deals with enemy properties, but it deals also with matters relating to an enemy firm, viz, payment of money to an enemy firm. The relevant provision of rule 182, as it stood on the promu...... defend or continue any suit or other legal proceeding, refer any dispute to arbitration and compromise any debts, claims or liabilities;
(v) raise on the security of the property such loans may be necessary;
(4) incur any expenditure, including the payment of any taxes, dut..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....as asked to submit return for the allegedly omitted portion of the holding with dimension and date of construction and measurement of capacity. In response to this letter the petitioner submitted the particulars as required by respondent No. 2. 3. In pursuance of process No.2232/77/NGR dated th......—For Respondent No.1. Petition No. 222 of 1973. In the matter of: Notice being process No.3823 dated 18.5.73 issued by the Assessing Officer, Narayanganj Range, Narayanganj demanding payment of purported Urban Immoveable Property Taxfor the years 1957-58 to 1972-73. Judgment ......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
.... (b) the claim demanded to be set-off must be an ascertained sum of money (c) it must be legally recoverable from the plaintiff (d) it must not exceed the pecuniary jurisdiction of the Court (e) both parties must fill the same character as they fill in the plaintiff's suit (f) the claim must be ...... set off must be legally recoverable from the plaintiff. The sum claimed as set-off which is; barred by limitation or barred under some other law cannot be deemed- to be legally recoverable. The payment of taxes and other dues to the local, authorities, are legally recoverable-and can be claime......The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
....r production of necessary evidence before the Court whether the Manager of the plaintiff's firm had authority to sue on behalf of the plaintiff firm. 7. It is difficult from pleadings of the parties, submitted in connection with the application for temporary injunction, to find out whether ...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....Rahman and others (1974) 26 DLR 124. Lawyers Involved: SR Pal, Senior Advocate, with S.C. Das, Advocate, instructed by B.C. Panday, Advocate-on- Record—For the Appellant. Ex-parte—the Respondent. Civil Appeal No.51 of 1977. (From the Judgment and Order date......n contest without costs. The judgment and decree of the learned lower Court be set aside and the suit be seat back on remand for fresh trial in the light of the observation made above on condition of payment of Tk. 500 (Taka five hundred only) by the defendant-appellant to the plaintiff respondent w......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
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....reme Court High Court Division (Civil Appellate Jurisdiction) Present: Syed Mohsen Ali J Siddique Ahmed Chowdhury J Bangladesh.................................Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judg......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....he suit for mandatory injunction against him is not maintainable, it has been further contended by him. 6. The learned Subordinate judge having considered a huge number of documents filed by the parties and the evidence of 5 witnesses examined by each side held that the suit was quite maintaina......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 rent defendant No.1 faced difficulties in procuring the necessary money to......there were two alternative proposals-one for partnership and the other for out-right sale. Defendant No.1 stated therein that if he remained a partner difficulties might arise regarding the taking of loan from banks and if it were a sale he would demand Tk. 85,000/-; but in any case he was ready to ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....Group-K, Kalirhat, Pahartali octroi posts and also deposited Tk. 305.00 for Group H, Anti Mohammad Ghat, Jalilganj, Yakub Nagar. It is stated that the auction took place on 12-8-76 and the petitioner participated in the bid only for group K octroi post. It is stated in the petition that the petition......o. CBY 430334 dated 3-9-76 for the said amount of Tk. 76,000/- with a forwarding letter to the Chairman, Chittagong Pourashava and the amount was drawn on the Janata Bank and it was endorsed that the payment of the cheque is guaranteed on 7th September. 1976 by the Bank, yet for reasons best known t......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
....s agencies considered the necessity of detaining the detenus was vague. It is further mentioned in reply that had there been any materials against the detenu the respondents would have given the full particulars. In this view of the matter it is contended that the detention is illegal.
3. In Wr......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
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....;…..(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 th......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. ......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)
...., Mozammel Huq Khan, Advocate, instructed by A. Rab-II, Advocate-on-Record-For the Appellant. Jani Alam, Senior Advocate, instructed by S.M. Huq, Advocate-on-Record-For Respondent No. 1. Ex-parte—Respondents No. 2-4. Civil Appeal No. 2 of 1977. (From the Judgment and Decre......ent, if any, of the tenancy......(i) if the land is claimed to be rent free....whether or not rent is actually paid, and, if not paid, whether or not the occupant is entitled to hold the land without payment of rent, and if so entitled, under what authority........ 10. From the said provisions ......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
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
.... M.H. Rahman J Mohd. Mazibar Rahman Mia............Petitioner-Appellant Vs. Naresh Chandra Guha…………………….Principal-Opposite-party Judgment July 29, 1977. Result: The appeal is dismissed. Cases Referr......d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ......plication for probate of a Will alleged to have been executed by the deceased on 9th December, 1963. It was alleged that the Will was set up to defraud the creditors. Deceased Abani Mohan Guha took a loan of Rs. 5001/- on 25th March, 1965, Rs. 5000/-on 12th April, 1966 and Rs 6000/- on the 4th Janua..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....s Referred to-
Quazl Md. Mahbubur Rahaman Vs. Government of Bangladesh represented by the Secretary Establishment Division, Dacca & others (1977) 29 DLR 118; Md. Abdul Malek Vs. Secretary, Department of Local Government, Government of Bangladesh & ors in writ petition No. 372 of 1975.
......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
......n the materials so far as the price is concerned as to how it varied from 1965 to 1970 and 1973 and put his own calculation that the house was built with one lac rupees. It was mentioned that he took loan from the House Building Finance Corporation and the estimate of the Corporation was about Rs. 6..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
....ellip;………………Appellant Vs. Abdur Rashid & others........Respondents Judgment July 18, 1977. Result: The appeal is allowed in part. Case Referred To- Bangladesh Vs. Fazlur Rahman, (1974) 26 D.L.R. 255;Bangladesh Vs. .......A. Court, accordingly determined the compensation at Tk. 32,076.00 which includes an amount of Tk. 4,765.00 as compensation for some trees and plants standing on the land The L.A. Court directed the payment of interest at the rate of 6% per annum on the compensation if not paid within the date fixe...... 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
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
....der the possession of the disputed premises to the Asst. Custodian on the wrong and misconceived idea that Khitish Chandra was in unauthorized possession of the disputed premises. Further since the departure of the plff's brother from Pale stan, the pliantiff with her husband and their children ......of his father and also as the wife of the domesticated son-in-law brought by his father was recognised and further he (brother) allowed her to stay in the premises as on the basis of her right but on payment of certain charges namely, Land revenue, Municipal Taxes, necessary repairing cost and other...... 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
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