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Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)

....9 from C.R. 174 of 1977 Judgment Rubul Islam J. - In this appeal by special leave the question for our consideration is whether the right of pre-emption as conferred under Section 96 of the State Acquisition and Tenancy Act, 1950 is heritable right. 2. Facts relevant for disposal of t...... Kemaluddin Hussain CJ Ruhul Islam J Badrul Haider Chowdhury J Inu Mia & others…………………………..Appellants Vs. Mokhlesur Rahman & others……….. Respondents Judgment Janu......e question of waiver of the right. Both the con­tentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ...... was regis­tered on April 9, 1972, Respondents 1-6 claimed to be co-sharers by inheritance and respondents 7-9 claimed to be co-sharers by purchase. The case land originally belonged to one Sadat Ali Kari, predecessor-in-interest of respondents 1-6 and as such they claimed as co-sharers by inher..

Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1

James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)

.... accord­ingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ......Islam J KM. Subhan J Badrul Haider Chowdhury J James Finlay & Co. Ltd……………………………….Appellant Vs. Chaiman Second Labour Court, Dacca & Another……… Respondents M...... accord­ingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ...... accord­ingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ..

Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3

Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)

....e document. He hold the homestead which-is the subject matter of T.S. No. 98/58 as nonkar tenant as he rendered services to the plaintiff. He built all the huts in question at his own cost. After the State Acquisition and Tenancy Act, 1950 he held the land as tenant under the Government. He is, ther......Civil Appellate Jurisdiction) Present: Mustafa Kamal J Dhamai Tea Co Ltd. ………………........................ Appellants (In S.A. 27/66) Vs. Arjoon Kumar & another…………………….......nt Judgment December 11, 1979. Result: All petitions are dismissed Cases Referred to- Abdullah Vs. Ahmed Din, reported in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb AIR 1965 (SC) 60; Goalunda Fishing Industries Vs. Pakistan, (1970) 22 DLR (Dacca) 349; Erringt......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432         ..

Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1

Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)

.... Judgment September 10, 1979 Result: The Rules are accordingly disposed of. Case Referred to- General Manager, Southern Railway Vs. Rangachari, AIR 1962 (SC) 36 ; Nagnooor v: State of Mysore, AIR 1964 May, 229; In re Delhi Laws Act, 191Z AIR 1951 (SC) 332; K.K. Panni Vs. Pro......sion (Special Original Jurisdiction) Present: Chowdhury A. T.M. Masud J Abdul Malek J Mohammad Faizulla…………………Petitioner Vs. Govt. of Bangladesh…………………Respondent ......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ..

Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1

Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)

.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34.           ......ourt Division (Civil Appellate Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hqssain Khan J Alhaj Aklima Khatun & another………. Appellants Vs. Shah Alam & another…………………Respondents ......y of the said Ramjan after making the gift. He also deposed that on the following Friday after making the gift he and P.W. 6 Abdul Mannan were invited to an Iftar Party where he suggested to the Haji Saheb, while discussion about the oral gift he made, to make a written document for the gift and Haj......rwards and registered, the oral gift would be valid notwith­standing the latter instrument of gift……………… (21) Case Referred to- Mohammad Sohrab Ali Vs. Bazlur Bahman Mia, 1968 SCMR 341; Abdul Motaleb Vs. Mostt. Rezia Begum, 21 DLR (SC) 134; G. ..

Category: Property Law | Date: 23 Aug, 1979 | Hits: 3

Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)

....ave decided the ques­tion on the facts before us. In the result, we dismiss the appeal with­out any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......pellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Dr. Mohammad Hossain and anr...........................Appellants Vs. Abdul Malek Khan..........................Respondent Judgment August 23, 1979. ......ave decided the ques­tion on the facts before us. In the result, we dismiss the appeal with­out any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......ave decided the ques­tion on the facts before us. In the result, we dismiss the appeal with­out any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ..

Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236

Abdul Hakim Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh, 1979, 8 CLC (HCD)

....led a joint affidavit- in-opposition. They have admitted that Sk. Abdul Aziz and Moriam Bibi were the original owners. But they contend that Sk. Abdul Aziz and Moriam Bibi having become citizens of a State which was at war with and engaged in military operation against Bangladesh, the property becam......(Special Original Jurisdiction) Present: Shahabuddin Ahmed J RafiqurRahmaa J Abdul Hakim………………………....Petitioner Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh&helli......t any lawful authority and is of no legal effect. There will be no order as to coats. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (1979) 402   ......s Order No. 16 of 1972 and as such Sk. Md. Abdul Mannan had no legal authority to transfer the property in favour of petitioner and his brothers. 4. We have heard the learned Advocates Mr. Anwar Ali Khan and Mr. Syed J.R. Mudassir Hossain, Assistant Attorney Genera], appearing for the petitione..

Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127

Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)

....thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427   ...... Shahabuddin Ahmed J Rafiqur Rahman J Kazi Ali Noor………………………………………..Petitioner Vs. Secretary, Ministry of Agriculture and others………….Respondents ......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427   ......Reported in: 31 DLR (HCD) (1979) 427   ..

Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2

Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)

....y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......n (Civil) Present: Kemaluddln Hossain CJ Ruhul Islam J KM subhan J Abul Bashar Toha…………………….......Appellant Vs. Sujayat Ali and others……………………Resp......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ...... Present: Kemaluddln Hossain CJ Ruhul Islam J KM subhan J Abul Bashar Toha…………………….......Appellant Vs. Sujayat Ali and others……………………Respondents Judgm..

Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95

Shaikh Keramat Ali Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1979, 8 CLC (HCD)

....iling an application under section 494 of the Code. No order as to costs. Rafiqur Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 346   ......t High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rah­man J Shaikh Keramat Ali..............................Petitioner Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents J......iling an application under section 494 of the Code. No order as to costs. Rafiqur Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 346   ...... DLR (HCD) (1979) 346   ..

Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3

Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)

....nd M.H. Khandker, Advocates- Amicus Curiae. Civil Revision No. 760 of 1967 Judgment Abdul Wadud Chowdbury J. - This Rule arises out of a proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act and is directed against the concurrent decision of the Courts belo...... (Civil Revisional Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan J Serajul Mostafa………………… petitioner Vs. Ali Ahmed Sikder & others………… oppo­site parties Ju......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80.     ......il Revisional Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan J Serajul Mostafa………………… petitioner Vs. Ali Ahmed Sikder & others………… oppo­site parties Judgment ..

Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1

Md. Bokiotullah Vs. Chairman, Council of Cadet Colleges and Secretary Mi¬nistry of Defence, Govt. of Bangladesh, 1979, 8 CLC (HCD)

..... In the facts and circumstances of the case we pass no order as to costs. Md. Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 261   ...... High Court Division (Special Original Jurisdiction) Present: Chowdhury A.T. M Masud J Muhammad Habibur Rahman J Md. Bokiotullah.........................Petitioner Vs. Chairman, Council of Cadet Colleges and Secretary Mi­nistry of Defence, Govt. of Bangla....... In the facts and circumstances of the case we pass no order as to costs. Md. Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 261   ....... In the facts and circumstances of the case we pass no order as to costs. Md. Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 261   ..

Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1

Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)

....of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......in Hossain CJ Fazle Munim J Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Abdus Subhan Contemner…………………Appellant Vs. Ayaz Bahadur Khan & others…………………&hell......of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......ister has been married to Mr. Elahi Baksh's son and Mr. O. R. Nizam's son who is brother-in-law of Ayaz Bahadur Khan married to a daughter of Mr. Elahi Baksh's family. 5. That P.W.3, Ali Akkas was a typist in the law firm of the lordships and Mr. Nazim A. Rahmam, situated at Tiger M..

Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103

M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)

....ernment made strenuous efforts to defend the impugned orders of confiscation by referring to the provision of the Territorial Waters and Maritime Zones Act relating to the absolute sovereignty of the State over the economic zone and also to certain cases decided under the International law. Under se......lip;……………Petitioner (In Writ Petition No. 674 of 1977) M/S. Thaiwaree Industries Ltd……….Petitioner (In Writ Petition No.850 of 1977). Vs. Bangladesh and others……………….Res­pondents (In ......out any lawful authority and of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 256   ......out any lawful authority and of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 256   ..

Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1

Nuru Bepari alias Nurul Islam Bepari and others alias Habib Howlader Vs. State and another, 1979, 8 CLC (HCD)

....risdiction) Present: Chowdhury A.T.M. Masud J Md. Habibur Rahman J Nuru Bepari alias Nurul Islam Bepari and others alias Habib Howlader..…….Petitioners Vs. State and another……………………Opposite parties ......sional Jurisdiction) Present: Chowdhury A.T.M. Masud J Md. Habibur Rahman J Nuru Bepari alias Nurul Islam Bepari and others alias Habib Howlader..…….Petitioners Vs. State and another……………………Opposite p...... accordingly discharged. The order staying proceedings of the case is vacated. A.T.M. Masud J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 241.   ...... State. Criminal Revision No. 748 of 1977 Judgment Mohammad Habibur Rahman J.-This rule was issued calling upon the Deputy Commissioner, Bakerganj and opposite party informant Khorshed Ali Bepari to show because why the impugned orders passed on 24-3-77 and 27-7-77 in Special Tribunal..

Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1

Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)

....ut having regard to the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 303 ......cial Original Jurisdiction) Present: Abdur RahmanChowdhury J A.T.M. Afzal J Shamsuddin Hyder…………………................Petitioner Vs. Mr. M. S. Khan, Addl. District Magistrate & others……....Respondents ......ut having regard to the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 303 ...... 'A' purporting to be the true copy of a certificate issued by the District Judge, Dacca certifying' that the petitioner was a holder of clerkship card for 1965-66 and was attached to Mr. Ali Ahmed Mukhiear. Annexure 'B' however shows that the petitioner was a registered clerk of..

Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3

Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)

....ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......sent: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Chowdhury Md. Yusuf……………………Petitioner (In Petition No. 479 of 1978) Vs. M. A. Rouf…………………………&hell......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ..

Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2

A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)

....s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88       ......sdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J A.H.M Abdul Hai………………………….Petitioner Vs. Bangladesh and others...................Respondents Judgment November 23, 1978. ......s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88       ......said amount of Tk. 10,990/- to the Family Planning Board at Rangpur in four instalments. It was. stated in the petition that while the petitioner was at Rangpur he incurred displeasure of Mr. Hossain Ali, Accountant Cum-Cashler and Dr. S. Alam, District Technical Officer, as the petitioner objected ..

Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8

Abdul Matin Vs. Election Tribunal and Munsiff 2nd Court Comilla & another, 1978, 7 CLC (AD)

....ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ...... (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Abdul Matin………………Appellant Vs. Election Tribunal and Munsiff 2nd Court Comilla & another………&helli......ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ......Respondents Judgment November 23, 1978. Result: The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. The Member Election Commission, (1966) 18 DLR (SC) 1; Akbar Ali Vs. Razi-ur Raman Khawaza, (1966) 18 DLR (SC) 426; Mian Jamal Shah's case (1966) 18 DLR (SC)..

Category: Election Law | Date: 23 Nov, 1978 | Hits: 206

Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....rther alleged that the detenu was asked by prominent workers to forma secret armed squad at Haluaghat P.S. in November, 1975. The detenu was also associated with the Garo leaders and indulged in anti-State activities. In the affidavit-in-opposition it has been stated that Writ Petition No. 357 of 19......rt Division (Criminal Revisional Jurisdiction) Present: M. A. Khaliq J Abdul Malek J Akram Hossain Mondal…………………..Petitioner Vs. Govt.of Bangladesh represented by the Secretary Ministry of Home Affairs and others…......now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ....... Crown ILR 1945 (Lah) 573; Malhari Ramaji Vs. Emperor 49 Cr. L.J. 460; Re T. Venkateswara. AIR (38) 1951 Mad. 611; Braja Kishore Vs. In­dian Union AIR 1950 Orissa 146; Mt Haydari Begum Vs. Jawad Ali AIR 1934 All. 22; Hari Ram Vs. Emperor AIR 1939 FC 43; Gulzar Hassan Vs. Ghulam Murtaza PLD 1970..

Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1