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Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....t in respect of the land described-in Schedule "A" of the petition. Opposite party Jadu Gopal Shaha Bhowmick and others claimed undisputed right, title and possession in the said land and also stated the names of the miscreants in Schedule "B" of the petition who were said to be ...... it was observed by a Division Beach that when the Magistrate acts under section 25 of the Police Act. since the provisions of the Code of Criminal Procedure do not apply to this act may be called an executive act. Similarly in this case since the provisions of the Code of Criminal Pr......e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
..............Respondents Judgment July 14, 1978. Result: The appeal is dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortg...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ...... that the lands were auction purchased by defendant No 9 in a rent suit with his money and for his own benefit and, while he was in possession defendant No. 8 purchased the same from him. 3. The trial court dismissed the suit and held that the plaintiff knew about the rent sale for a long time ...... dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent f..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....Appellants Vs. Md. Abu Taher..................Respondents Judgment July 12, 1978. Cases Referred To- Union of India V.T.R Varma, AIR 1957 (SC) 882 (885); State of Mysore and others Vs. Shivabasappa Makapur, AIR 1963 (SC) 375 (377); Board of Education Vs. Rice, 19......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......rovides for giving an opportunity to the officer concerned of being heard. The language of Article 7 clearly contemplates giving the delinquent officer all chances to defend himself and ensure fair trial and it is in compliance with the principles of natural justice. 9. While it is open to a......e is also Reported in: 31 DLR (AD) (1979) 33. ..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
....sdiction)
Present:
M.H. Rahman J
Abdul Majid Howladar…………….Defendant-Appellant
Vs.
Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others………………Plain......n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......that as defendant No. 1 did not pay the consideration for the document defendants Nos. 2 and 3 withheld the registration ticket. These defendants prayed for their shares in the suit land.
5. The trial court held that the plaintiff's father, Mujahar, was the auction purchaser of the suit lan......man J
Abdul Majid Howladar…………….Defendant-Appellant
Vs.
Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others………………Plaintiff-Respondents
Judgment
J..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....ng both the appellants to transportation for life. While concurring with the main judgment just delivered by my learned brother Afzal, J in the case, I would like to add a few words of my own on some aspect of the chemical examination. 2. Facts of the case have been very ably set out and d...... sensation in his body. After reaching home he went to the latrine and after coming out from there complained of haziness of vision and burning of body and chest. The witness also stated that he then called Sanwar, Karam Ali and others to whom his father said that Mona gave pan to Fakir who then gav......aminer to the Government, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under the Code, may be used as evidence in any inquiry, trial or other proceeding.” The report of the Chemical Examiner in the instant case was a...... just delivered by my learned brother Afzal, J in the case, I would like to add a few words of my own on some aspect of the chemical examination. 2. Facts of the case have been very ably set out and discussed by my learned brother and it is not necessary to go into those, section 510 ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
............................Petitioner Vs. State, People's Republic, Bangladesh others……..Respondents Judgment May 4, 1978. Result: The Rule is made absolute. Cases Referred to- Ayub Khuro PLD I960 (SC) 237; Asma Jilani PLD 1972 (SC) 139; Ab......f complaint before the Sub divisional Magistrate, Kishoregonj alleging, inter alia, that on 18-3-75 at about 4 P.M. accused Chand Mia and six others who were not named being armed with deadly weapons called out her husband Erpon Ali and killed him by gun shot. 3. The learned Sub-divisional Magi......nbsp;and 201 B.P.C. read with Special Powers Act. After submission of the charge-sheet some of the accused persons surrendered before the Sub divisional Magistrate and obtained bail pending trial. 4. The case was sent to the Special Tribunal, Mymensingh for trial and it was registered......(SC) 237; Asma Jilani PLD 1972 (SC) 139; Abdus Shukoor (1976) 28 DLR 441; Majibur Rnhman (1977) 29 DLR (H D) 141; Malik Mir Hassan PLD 1969 Lah, 786; Anisminic Ltd, 1969 (2) Appeal Cases 147; Kefhabananda AIR (SC) 461; Actoan Afzal (1969; 21 DLR (SC) 123; State of West Bengal Vs. Anwar Ati AIR 1952 ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
.... applications for addition of parties are misconceived and not maintainable. It is, therefore, necessary to consider what section 143A stands for. It runs as follows: “(1) Any person aggrieved by an entry or omission of entry in the recorder rights prepared or revised and finall......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......atory form with regard to title of the petitioner or petitioners. It does not appear that section 143A contemplates such a relief as prayed for in the two cases. It further appears that the trial Court proceeded to deal with the two cases as if these are suits for title. It appears that an...... This Case is also Reported in: 31 DLR (HCD) (1979) 421 ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....nd took possession through Court One Bimala Charan Roy and others filed a preemption case against him which was compromised and the defendant obtained B.S plot No. 447. He denied that there was any absolute gift in favour of Sankar Roy who was in Calcutta from long before 1353 B.S. 3. The suit ......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......was a surprise as it was not mentioned either in the written statement or in the additional written statement. 4. On appeal the learned Subordinate Judge set aside the judgment and decree of the trial Court after finding that there was no evidence to hold that the defendant is were in possessio....... This Case is also Reported in: 30 DLR (HCD) (1978) 240. ..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
.... Appeal from Appellate Decree No. 920 of 1965 Judgment Abdul Wadud Chowdhury J. - This second appeal is directed against the judgment and decree passed by the learned Subordinate Judge, Jessore dated 25.7.1964 in Title Appeal No. 63 of 1964 affirming those passed by the learned, Munsif, 2......missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......t and Mr. Syed Mohammed Ali appeared for the respondents. Mr. Latifur Rahman, the learned Advocate for the appellant urged that the orders of dismissal passed by the Courts below were illegal and the trial Court erred in law in rating the valuation of the suit. 4. Mr. Syed Mohammad Ali, the lea......as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
......Petitioner
Vs.
The Deputy Custodian, Enemy Property Management Board……....Opposite Parties
Judgment
April 14, 1978.
Result:
The rule is made absolute
Lawyers Involved:
B.N. Chowdhury, with Kazi Ebadul Huq— For the Petitioner.
......o 11 to be added as defendants in this suit.
I have heard the learned Advocates and perused the impugned order, the petition and the counter affidavit on record. The records of the case were not called for.
2. Short facts leading to this rule are that the plaintiff petitioner instituted a ......l further proceedings of the suit is hereby vacated. Let the suit now proceed in accordance with law and be deposited of expeditiously preferably within six months of the receipt of this order by the trial court.
The rule is accordingly made absolute but in the facts and circumstances of the ca......Chowdhury J.-This rule is directed against an order passed by the learned Munsif allowing opposite parties Nos. 6 to 11 to be added as defendants in this suit.
I have heard the learned Advocates and perused the impugned order, the petition and the counter affidavit on record. The records of the..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
.... of approved libraries in which they are supposed to take in-service training for at least one month; the respective Librarian will submit report to the Chairman of the Examination Committee who is also the Head of the Department concerned and thereafter the latter is to award marks on the basis of ......session of study to which the petitioner belonged was already over and there was no scope for arrangement of "in-service training" of the students concerned. In such situation, the deponent called an emergent meeting of the Academic Committee of the Department on 3-9-76 and the Academic Co......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......Jurisdiction) Present: S. M. Mohsen Ali J A. T. M. Afzal J Badrunnessa..........................................Petitioner Vs. Vice-Chancellor, University of Dacca and others....................Respondents Judgment April 13, 1978. Result: The R..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
.........................................Petitioner Vs. Ashraf Ali and others..................................Opposite Party Judgment April 7, 1978. Result: Rule is made absolute Lawyers Involved: S.S. Roy Chowdhury with Abdur Rashid—For the Petitioner. ......the present Rule at the instance of defendant No. 1. I have heard the learned Advocates and perused the impugned order, petition and counter affidavit on record. The records of the case were not called for. 3. With regard to the application under Order 6 rule 17 of the Code, it a...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ...... High Court Division (Civil Revisional Jurisdiction) Present: Abdur Rahman Chowdhury J Haji Nurul Islam.........................................Petitioner Vs. Ashraf Ali and others..................................Opposite Party Judgment April 7, 1978. R..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....and pro-defendants, were possessing the same; that during the last C.S. operation Jasmat Sardar was possessing the suit land as a bargadar under Girish Chandra and others, the plaintiffs' predecessors, on delivering half of the produce of the land from year to year; and that during Jasmat Sardar......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ......y the plaintiffs predecessors, that the plaintiffs had no possession within 12 years before the dale of the institution of the suit. 5. The learned Subordinate Judge reversed the decision of the trial Court after finding that the C.S. recorded was not correct recorded, and Jasmat was a borgadar...... Result: The appeal is allowed. Cases Referred To- Kumir Mondal Vs. Pramatha Nath Chowdhury (1962), 14 DLR 801; Alimuddin Munshi Vs. Mainuddin Talukdar (1962) 14 DLR 725; Kumir Mondal and ors Vs. Pramatha Nath Chowdhury and ors (1962) 14 DLR 801; 17 DLR (SC) at 392; Aminuddin Biswas ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....auction purchase but he did never get possession thereof. The suit land originally belonged to Fazal Boyati, father of Adel Boyati, who had been possessing the same till his death and, after him, his son had been possessing the land and be brought a suit over the same suit land against the plaintiff......ance to the form. In Nidha Shah Vs. Murlidhar 30 I.A. 54 the Pricy Council enquired into the substance behind the form of an instrument of mortgage and held: “This instrument, though it is called a mortgage, and though it will be convenient to follow the nomenclature used in the document ......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
.... served with an order dated 22.8.77 in which it was slated that he was dismissed, from his service on the said allegation contained in the charge-sheet dated 4.5.77, although he had been charged with some minor offence punishable by censure, stoppage of increments etc. He submitted a representation ......powers enabling him in that behalf. This ordinance is of course, a law as referred to in the General Clauses (Amendment) Order, .1972. This Ordinance provides for the establishment of a Council to be called "The Bangladesh Council of Scientific and Industrial Research" by a notification in......Original Jurisdiction)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.………&helli......(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.……&hell..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)
.........................Petitioner Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another.......Respondents Judgment February 17, 1978. Result: The rule is made absolute. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Md. Shafiqur Rahman—For the Pe...... containing three counterfoils; (b) One for Chairman. (2) Before the ballot paper is issued to a voter- (a) The number aid name of the voter as entered in the voter's list shall be called out; (b) A mark shall be placed on the voter's list against the number and name of t......alidity of those ballot papers should also be ascertified. In the remit, the rule is made absolute the impugned order of the Tribunal it let aside and the case Ii lent back to the Tribunal for retrial in the light of the observations made above. There will, however, be no order at to costs. ......Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M.H. Rahman J Abdul Aziz................................Petitioner Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another.......Respondents Judgment February 17, 1978. ..Category: Election Law | Date: 17 Feb, 1978 | Hits: 7
Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)
..... Petitioner Vs. Mr. Aminur Rahman Khan and another………………..Respondents Judgment February 17, 1978. Result: The rules are made absolute. Cases Referred to- 26 DLR (SC) 33; 27 DLR 158. Lawyers Involved: Dr. M. ......of the Court, the proceeding of the Court may continue and the decision or award may be given in the absence of such member; and no act, proceeding, decision or award of the Court shall be invalid or called in question merely on the ground of such absence.” 6. Mr. Mahbub Hossain has tried......nbsp;of the Constitution have been directed against a single order of a Labour Court, being order dated 26-8-77 of the Chairman, 1st Labour Court, Dacca reinstating in service four workers of an industrial establishment. All these rules have been heard together and are going to be disposed of by thi......sion (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Project in charge, Paruma (Eastern) Ltd...... Petitioner Vs. Mr. Aminur Rahman Khan and another………………..Respondents Judgment February..Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....intiff-appellant wherein prayers were made for three declarations. 2. The short facts necessary for the disposal of this appeal are that the plaintiff filed a suit for declaration that (1) the resolution of the Board of Directors of M/S. Alauddin and Taiwa Textile Mills Ltd dated 18-8-77 in whi......understanding in the family slowly cropped up and ill-feeling cropped up between the plaintiff and defendant Nos. 1 to 3 who are also directors of the Company. Defendant No. 1 by notice dated 15-8-77 called a meeting of the Board of Directors on 18-8-77 in. which one agenda, was "to discuss and......submits that it will be possible for the defendants to file the written statement within a week from the arrival of the records of this case. The learned Subordinate Judge is directed to commence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chow......sion (Civil Appellate Jurisdiction) Present: K.M. Subhan J Abdul Momith Chowdhury J Shnmsul Huda....................................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Result: The appe..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
....ord, it would or would not result in two inconsistent or contradictory decisions. Another test is whether the suit out of which the appeal arose could be adjudicated in the absence of the deceased persons, if he had not been joined either as a plaintiff or as a defendant in the suit. Lawyers In...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ...... has argued that the appeal did not abate as a whole since the suit was not merely a partition suit but a suit for declaration of the plaintiff's title as well. I have perused the judgment of the trial court as well as of the court of appeal below. It appears that the suit was tried as a partiti......ction) Present: Abdur Rahman Chowdhury J Abdul Motleb Khan & others………………………...Appellants Vs. Daud Ali Khan and others…………………………Respondent..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....hudra Babashayee Samabaya Samity Ltd...........Petitioner Vs. Bangladesh.................................Respondent Judgment February 3, 1978. Result: The rule is made absolute. Lawyers Involved: Rafiqul Islam— For the Petitioner. Abdul Hamid Chowdh......Inspection held or made under this Act or the proceedings of any person subordinate to him or acting on his authority, and If it appears to him that any decision, order or award or any proceedings so called for should for any reason be modified, annulled or reversed, may pass such orders thereon as ......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......rator under section 87 of the Act. 2. Facts of the case briefly stated are that the petitioner, M/S Progoti Khudra Babashayee Samabaya Samity Limited, a registered Co-operative Society and a member of respondent No. 2, Brahmanbaria Thana Central Co-operative Association Ltd. which is ..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
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