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Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
....Arbitration Case No. 42 of 1966 under section 93A of the Town Improvement Act, 1953 briefly the T.I. Act. 2. The Government of Bangladesh is the appellant before us. Facts of the case, so far necessary for disposal of the appeal, are that an area of 2.55 acres of land belonging to the......ointed to determine compensation under Act XIII/ 48 is designated 'as 'Arbitrator'. Therefore, to avoid any confusion the Court constituted under the Land Acquisition Act should be always called the L.A. Court, the Tribunal constituted under the T.I. Act should be referred to as the Trib...... 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. ...... Appeal from Original Decree No. 262 of 1969. Judgment Shahabuddin Ahmed J.—This appeal is directed against an award dated 30. 11. 68 of Mr. Kaiser Ali, Additional District Judge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Imp..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....Ahsanuddin Chowdhury J.- This appeal by Special leave arises in the following circumstances: Complainant Abu Taleb Gazi lodged a first information report at the Kotwali Police Station, Jessore alleging that his brother deceased Lutfar Rahman was shot dead in his courtyard at about 8-3......t Abdul Rahman and another named Amirullah. Being aggrieved thereby the appellant moved a petition before the High Court Division under Section 561A of the Code of Criminal Procedure (hereinafter called the Code) for quashing of the proceedings of the aforesaid G.R. Case on the ground that the......ntioned questions on which leave was granted assuming that the benefit, if any, of the order of discharge will reach the appellant also. 5. Abul Hossain Sana, it appears, was sent up for trial after investigation by the police under sections 379 and 465 of the Penal Code. The case was ...... ..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
....y belonged to plaintiff father ate Nabin Chandra Kar, a pleader of Maulvibazar, who used to reside in the same with his family till death. After his death the residential house devolved upon his only son and heir Nikhil Chandra Kar, a practicing lawyer of Maulvibazar, who migrated to India in 1358 B......ed enemy property as the owner is an Indian National. The plaintiff lives with her husband in the tea garden who is garden employee. The plaintiff with a view to grab the suit land has created the so-called memorandums in collusion with her husband and brother. The plaintiff did not reside in the su...... 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. ......adesh & others...........Respondents Judgment July 8, 1977. Result: The appealis allowed. Cases Referred to- Govind Rani Dasi Vs. Radha Ballabh Das, 15 C.W.N. 205; Ananda Mohan Kunda and others Vs. Province of East Pakistan and others, (1968) 20 D.L.R. 976; M.M. Isp..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
..............................Petitioner Vs. Government of Bangladesh and others.......................Respondents Judgment June 29, 1977. Result: The Rules are made absolute. Lawyers Involved: Amir Hossain Khandker, Advocate—For the Petitioner. M......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ......arges. According to the learned Advocate the proceedings drawn up by the Second Screening Board was wholly without jurisdiction, because, the cases of the petitioners having already been completed on trial and punishment given, there was no case pending as contemplated under the President's Orde......ed in: 30 DLR (HCD) (1978) 79. ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
....11 of 1977) Vs. Election Tribunal Munsif Court Rajshahi and another……………..Respondents Judgment June 28, 1977. Result: The Rules are made absolute. Cases Referred to- Shamsul Huq Sikder Vs. Election Tribunal and others, 27 DL......de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......bunal appointed by the Government, shall be deemed to be Civil Courts Since Rule 48 provides that every election petition shall be tried, as nearly as may be, in accordance with the procedure for the trial of suit under the Civil Procedure Code, and since Rule 49 provides that the Tribunal shall hav......m CJ M. H. Rahman J Md. Sharifullah…………………Petitioner (In Petition No.201 of 1977) Vs. Election Tribunal Munsif, Second Court Habiganj and another Khan Ataur Rahman (In Petition No. 209), Ashraful Huq……Petitione..Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
....s. According to the plaintiffs the disputed land appertaining to C.S. plot No. 640 of khatian No.22 and plot 1084 of khatian No. 873 of Mouza Beel Boalia. The suit land was previously khal and it was so recorded in C.S. khatian and was meant for public Use. In course of time the khal silted up and s...... 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 possession of their predecessors Daud Hossain and Insan Sk. in the suit land by any competent and reliable witnesses. 4. On appeal the learned Subordinate Judge reversed the decision of the trial Court and dismissed the suit holding inter alia that the plaintiffs have "no easement rig...... High Court Division (Civil Appellate Jurisdiction) Present: Ranadhir Sen J Ibrahim Malitha & others.........................Plaintiff-Appellate Vs. Izahar Ali Mir and another.......................Defendants-Respondent Judgment June 28, 1977. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
....ted in 28 DLR 252, to which one of us was a party. 6. The proposition of law as advanced by Mr. Shahid Alam, the learned Advocate, cannot but be accepted. The facts, however, as we have traced a so glaring that to allow this Rule would mean maintaining a patent injustice to the opposite party, ...... an application under order 9, rule 13, was filed by the said Government Pleader. In the first two paragraphs of which it has been stated: “(1) That in the original suit statement of facts was called from the Circle Officer (Revenue) concerned but the same was not received by the office in du...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ......his Case is also Reported in: 50 DLR (HCD) (1998) 109. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
....p;………Petitioner
Vs.
Secretary, Sonali Jute Mills Workers Union, & others..........Respondents
Judgment
June 24, 1977.
Result:
The rule is made absolute.
Cases Referred To-
Bangladesh Fishermen's Co operative Society Ltd. Vs. The Ch......rt (section 35). Present dispute was not raised as an industrial dispute and as such it cannot be termed as industrial dispute within the meaning of enactment. Nor the present agreement could be called settlement because settlement has been defined in clause (xxiv) of sec. 2 which pro......te has raised 2 points, namely,
1) That the agreement was absolutely provisional which again was subject to approval of the BJMC and as such the same was no settlement within the meaning of Industrial Relations Ordinance. Secondly, whether the Labor Court had the power of granting injunction un......Labor Court at Khulna, in IRO Case No.395 issuing temporary injunction restraining the petitioner from stopping payment of the bona fide granted to the workers on the basis of agreement dated 25-7-77 and for such or further order or orders as to this Court may seem fit and proper.
2. Facts givi..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....opposite party has, on the other hand, contended that the Sea Customs Act contemplated a trial before a magistrate for the offence under section 167(8) and (81) of the Sea Customs Act and also a proceeding for seizure of the contraband by the Assistant Collector of Customs. For this propos......, 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. ...... plaintiff-petitioner. 5. Mr. Sultan Ahmad, the learned Deputy Advocate-General appearing for Government- opposite party has, on the other hand, contended that the Sea Customs Act contemplated a trial before a magistrate for the offence under section 167(8) and (81) of the Sea Customs......) (1978) 219. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....azra.............. Petitioners
Vs.
The State and others.................................................OppositeParty
Judgment
June 21, 1977.
Result:
The Rule is made absolute.
Cases Referred To-
Ghulam Jillani and Govt. of West Pakistan Vs. Begum A.K. Abdul ......ce because the 'reasonable suspicion' of a Police Officer and the 'satisfaction' of the Government is at a par in case of consideration of the liberty of the subject when the court is called on to adjudicate the matter.
13. It is too late in the day now to canvass that the '......ing likely to act in any such prejudicial manner as is mentioned in clause (viii);
(xii) regulating Work, including working hours and holidays, in dockyards, shipyards, aerodromes and other industrial and commercial installations or establishments;
Sub-section (3) is as follows:
The r...... 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
June 21..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....el business which he started in the premises, purchased various furniture, articles, utensils, crockeries etc., both from the respondent who himself was running a hotel business in the premises and also from outside, that he employed a large number of workers and had obtained a licence for running h......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ...... order which was refused and returned to him on November 5, 1973. The appellant deposited the rent with the House Rent Controller on November 18, 1973 and has been regularly depositing rent. The trial Court decreed the suit on February 14, 1975 on the ground of default and on the question of bo......howdhury J Kemaluddin Hossaian J DC Bhattacharya J Fazle Munim J Shamsuddin Ahmed…………………..Appellant Vs. Mohd. Hassan and others…………………….Respondent Judgment ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....one Sirajul Haque as guards and he returned by road and that when the boat reached the Banga Bridge at 7 A.M. on 30th October, 1974 the petitioner, Member Ismail and Noor Miah along with two other persons came in a boats near the boats carrying the wheat and accused Siraj, Bazlur Rahman along with t......al Powers Act the Court cannot exercise its jurisdiction beyond the scope of section 27 of the Special Powers Act. In that view also the impugned order is liable to be quashed and process recalled. 8. Before taking up for consideration the submissions made, by the learned, Advocate I ...... Ismail Member, Kalu Miah and one Ayub Ali. The Special Tribunal took cognizance against the three accused against whom charge-sheet was submitted and subsequently during the pendency of the case for trial on a petition filed by the Assistant Public Prosecutor, the Special Tribunal took cognizance o...... 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 9, 1977. Result: The rule is d..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)
....e appellant instituted Money Suit No.23 of 1952 in the Court of Subordinate Judge Third Court, Chittagong for recovery of Rs. 82, 307-15-9 on account of damage to and loss of the goods imported and also for loss of profit as a result of the negligence of the respondent. The break-up of the tota......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. ......ndants No.1 and 2 nor defendants No.3 and 4 challenged the survey reports in the written statement, though in the plaint every important particular thereof was mentioned. But at the time of trial the learned lawyer for defendants No.1 and 2 halfheartedly put some questions to the witn......ourt 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: 358
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
.... According to the plaintiffs the disputed jot belonged to one Kasimuddin and Imaruddin being two brothers. Imaruddin died leaving a sister and Kasimuddin. Then Kasimuddin died leaving his widow, two sons and a daughter. Then one of the sons of Kasimuddin i e. Nurul Huq died unmarried leaving his mo......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ...... Decree No. 245 of 1964. Judgment S. M. Husain J.- This appeal at the instance of the defendants is directed against the judgment of the lower appellate Court affirming the judgment of the trial Court decreeing the plaintiff's suit for declaration of title and confirmation of possessi......gh Court Division (Civil Appellate Jurisdiction) Present: S. M. Husain J Abbas Sheikh & another......................Defendant-Appellants Vs. Md. Abu Hossain Sarkar and others ........Plaintiffs-Respondents Judgment June 7, 1977. Result: The app..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....nder section 96(1) of the Act for pre-empting transfer dated 20.1.69 on the assertion that he is a tenant holding land contiguous to the and transferred. In this application as many as 9 persons including the pre-empted Abdul Rashid and one Abdul Has him were impleaded. This application wa......scharged without any order as to costs. [Editor's Note-We beg to add (in addition to what his lordship of the High Court has said in his judgment) that Tahurul Karim (hereinafter called Tahur) being found a tenant holding land contiguous to the land transferred, his claim of rig......not maintainable. The objector further contended that the pre-emptor was aware of the transfer from before. 6. Both these cases were heard together and were disposed of by the same judgment. The trial court, on consideration of the materials on record was of the view that Misc. case No. 61 of 1......Civil Revisional Jurisdiction) Present: Ranadhir Sen J Tahurul Karim @ Tahurul Karim Khan Chowdhury………………Petitioner Vs. Abdul Hashim and others……………………………....Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....han................................Petitioner Vs. State................................................Opposite party Judgment April 19, 1977 Result: The Rule is made absolute. Lawyers Involved: Mirza Golam Hafiz with Mr. Md. Abdul Aziz—For the petition......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ......nt to call Him and obstructed the government servant in discharging public functions which militated against the interest of the state. Upon these allegations the petitioner was summoned to stand his trial under the aforesaid sections. 5. Under section 174 of the Penal Code non-attend......-divisional Magistrate, Sadar, South, Barisal. 2. Facts leading to this rule, in brief, are that the petitioner was the proprietor of a firm named, M/s. Bangladesh Decorators situated in Barisal and carried on the business of supply of tables, chairs, utensils etc. on hire. On 30-1-76 a letter ..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....;…………..Petitioners Vs. M. Baharuddin Chowdhury and the State.............Opposite Parties Judgment March 9, 1977. Result: The rule is made absolute. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala and another (1962) 14 DL......ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ......nbsp;and 380 of the Penal Code was made out against the accused-petitioners. The learned Sub-divisional Magistrate on a perusal of the enquiry report summoned the petitioners to stand their trial under the aforesaid sections. The petitioners thereafter moved the learned Session Judge for r......CD) (1978) 344. ..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....tion Company" carried on the business of Inland Water Transport and at all material time was and is the owner of the vessel "M.L. Madina". The plaintiff-respondents suffered loss by reason of the vessel "M.L. Madina" causing damage to "M.L. Jalamoni" and the accide......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ...... and style of Pioneer Navigation Company. Plaintiff respondent No. 2 the insurer of the said vessel, by virtue of letter of abandonment executed in favor of the insurer by the said owner and the Industrial Development Bank of Pakistan, the mortgagee upon full settlement of the loss, became entitled ......149. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
....nces of Bengal and Assam of the then British India, in pursuance of a scheme approved and sanctioned by the Government of Pakistan. A specific condition of the said scheme was that the losses and unabsorbed depreciation of the Said two British Companies as assessed upto the date of transfer would pa...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
...... was considered by a Bench of the High Court Division, to which one of us was a party, in the case of c where it has been held that to decide whether there has been a complete merger of the trial Court's decree in the decree of the appellate Court, the question is to be determined with......d.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....f three partners applied to the Deputy Commissioner for a certificate under section 20(4) of the Act. By his Order dated September 5, 1963 the Deputy Commissioner refused to grant the certificate. Reasons for his refusal were that some of the partners were Indian Nationals and did not actually carry......mendment) Ordinance, 1956 (E.B. Ord. No.III of 1956), or of any other law making any amendment in the said Act, or of the acquisition of any property made under any provision thereof is challenged or called in question shall abate, and all orders, including orders of injunction and other interlocuto......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ...... Case is also Reported in: 30 DLR (AD) (1978) 123. ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
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