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Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)

....government. But  defdt. No.1, Ammullaya Ch. Kundu claiming that the auction purchaser Kali Krishna Chakraborty had been his benamder filed an objection petition under section 19 of the State Acquisition and Tenancy Act, 1950 to the Revenue Officer, Gopalganj and got his name recorded ...... (Civil Appellate Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Amulya Chandra Kundu……………………...Petitioner Vs. MonendraNath Biswas………………………...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..

Category: Property Law | Date: 16 Jan, 1978 | Hits: 2

Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)

....reasian Equipments and Chemicals Ltd. (defendant No.7) for the purchase of 9,500 metric tons of Indian marine crushed salt in bulk for edible purposes. Since defendant No. 7 had no allotment from the State Trading Corporation of India for export of salt, defendant No.7 entered into a mutually agreed......sp; ......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.     ......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)

....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     ......Revifional Jurisdiction) Present: Ranadhir Sen J Mohammed Chand Mia & others……………………………Petitioners Vs. Barista Krishna Kundu & others...........................Opposite parties Judgment......The rule is made absolute. Cases Referred to- Kailash Chandra Vs Nanda Kumar A.I.R. 1944 Calcutta 385. Lawyers Involved: Kailash Chandra Vs. Nanda Kumar, AIR 1944 Cal. 385 5. Md. NurulHuq with A.B.M. Khairul Haque—For the Petitioners. Khandaker Mahbubuddin Ahmed w......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)

....eme Court High Court Division (Criminal Revisional Jurisdiction) Present: Faizul Islam Chowdhury J A. K. M. Abdur Rashid and others..............Petitioners Vs. The State................................................Respondents Judgment December 15, 19...... 166. ......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. ......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

Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)

.... A.S. Faizul Islam Chowdhury J Maram Ali ………………………………………Petitioner Vs. The State and others.....................Respondents Judgment December 9, 1977. Result: ...... Present: A.S. Faizul Islam Chowdhury J Maram Ali ………………………………………Petitioner Vs. The State and others.....................Respondents Judgment December 9, 1977. ......e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ..

Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1

Md. Abdur Rasheed Vs.

....tiff is still in service. In the result, the appeal is allowed with costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 231.   ......upreme Court High Court Division (Civil Appellant Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Abdur Rasheed..............................Appellant Vs. Govt. of Bangladesh.............................Respondent Judgment December 2, 1......is also Reported in: 30 DLR (HCD) (1978) 231.   ......tiff is still in service. In the result, the appeal is allowed with costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 231.   ..

Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2

Benoy Bhusan Bardhan and others Vs. Sub-Divisional Offi­cer, Brahmanbaria and another, 1977, 6 CLC (AD)

....est, profit or right, present or future, arising therefrom or incidental thereto. (3) In respect of the property of a person who is a citizen of Pakistan or the ruler or a subject of an Acceding State, and who is an enemy within the meaning of clause (b) of rule 161, the Custodian shall have, i......J Fazle Munim J Benoy Bhusan Bardhan being dead, his heirs, Pronoy Bhusan Bardhan and others………………………….Appellants Vs. The Sub-Divisional Offi­cer, Brahmanbaria and another...............Respondents Ju......e concern­ed, were without lawful authority. In the result the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 149. ......e concern­ed, were without lawful authority. In the result the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 149. ..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)

.... order dated 29th November, 1975 passed by the learned Subordinate Judge, 2nd Court, Sylhet in Misc. Appeal No. 178 of 1975 arising out of the pre-emption proceeding under section 96 of the State Acquisition and Tenancy Act started by the pre-emptors Wahab Ali and Chand Ali. On 26.12.72 on......al Jurisdiction) Present: Siddique Ahmed Chowdhury J Aftab Mia…………………………….................Petitioner  Vs. Wahab Ali and others……………..................Opposite parties ......ab Ali and others……………..................Opposite parties Judgment November 25, 1977 Result: The Rule is discharged. Cases Referred to- Md. Meher Ali Mondal Vs.Md. Karam Ali Sarkar, 17 D.L.R. (Dacca) 365; Ram Chandra Lal and others Vs. ......rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230.     ..

Category: Property Law | Date: 25 Nov, 1977 | Hits: 2

Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)

....rty to present a fresh one. In the case of Jamiyat Ali Vs. Mrs. Chemon Ara Begum and others, (1968) 20 D L.R. (Dacca) 480 a Division Bench has held:- Proceeding under section 96 of the State Acquisition Act being original in nature, the procedure provided in the Code of Civil Procedur......urt Division (Civil Revisional Jurisdiction) Present: Siddique Ahmed Chowdhury J Ibrahim Hossain and Delwara Begum……………….Petitioners Vs. Md. Khorshed Ali and others…………….....................Opp......ion (Civil Revisional Jurisdiction) Present: Siddique Ahmed Chowdhury J Ibrahim Hossain and Delwara Begum……………….Petitioners Vs. Md. Khorshed Ali and others…………….....................Opposite Par...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407   ..

Category: Property Law | Date: 17 Nov, 1977 | Hits: 2

Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)

.... 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.   ...... (Appellate Civil Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Dacca Match Factory Ltd........Plaintiff-Appellant (In Ap­peal Nos.217 & 218 of 1977) Vs. Bangladesh Match Company Ltd. Principal-Defendant………...Respondent (In ......been placed can sue or be sued for the alleged infringement of right and the plaintiff - Company is not permitted to sue in its individual character. Relying on the decision of Chowmuhani College Vs. Md. Ismail Hossain (1974) 26 DLR 10 the learned Judge rejected The plaint under Order 7 rule 11...... 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

Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)

....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.   ......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 Judgment August 18,......ision (Civil Appellate Jurisdiction) Present: Syed Mohsen Ali J Siddique Ahmed Chowdhury J Bangladesh.................................Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judgment August 18, 1977. ......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)

....e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15.       ...... High Court Division (Civil Appellate Jurisdiction) Present: S. Ahmed J M.H. Rahman J Ayaz Bahdaur Khan & others.....................................Appellant Vs. Abdus Sobhan & others...........................................Respondent Padma P......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15.       ......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15.       ..

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)

.... Chairman, Ctg. Pourashava and others……………Respondents Judgment August 17, 1977. Result: The rule is made absolute. Cases Referred To- State of Madhya Pradesh Vs. Bhailal Bhai. AIR 1964 (SC) 1006 A.I.R. 1961 (SC) 41; A.I.R 1962 (SC) 13......Badrul Haider Chowdhury J Abdul Matin Khan Chowdhhury J Md. Ajmal Khan………………………….......................Petitioner Vs. Chairman, Ctg. Pourashava and others……………Respondents ...... DLR (HCD) (1978) 316.   ......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

Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)

....nadhir Sen J.-These two Rules are directed against two orders of the learned District Judge in respect of two appeals arising out of two applications for pre-emption under section 96 of the State Acquisition and Tenancy Act. The petitioner filed Misc. case No.117 of 1966 on 7.7.66 for......il Revision Jurisdiction) Present: Ranadhir Sen J Aram Ali Mondal…………………………………Petitioner Vs. Lutfar Rahman Dewan ……………………&hellip....... Kobbad Mia 13 DLR 765 South India Corporation (B) Ltd. Vs. Secretary, Board of Revenue, Trivandrum and another AIR 1964 (SC) 207. Lawyers Involved: Golam Rabbani—For the Petitioner. Md. Ansar Ali—For the Opposite Party. Altaf Hossain—For the Defendant-Respondent. ...... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193   ..

Category: Property Law | Date: 15 Aug, 1977 | Hits: 3

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

....19 D.L.R. (S.C.) 417; 21 D.L.R. Abdus Sattar Vs. Govt. of Bangladesh,(1977) 29 D.L.R. 187; Bihar Vs. Kameswar, A.I.R. 1964 (SC) 59; Makhan Lal Sarnakar Vs. Govt. of East Pakistan; Moklesur Rahman Vs. State, (1976) 28 D.L.R 172; Liversidge Vs. Anderson (1942 Appeal Case, 206 Gopalan and Vs. State of ......Khan Chowdhury J Mrs. Anwara Begum wife of Mr. Hannan (In Writ Petition No.267/77), Md. Abdu Gafur (In W.P. No.352/77), Anwar Mollah (In Writ Petition No.213/77).................Petitioners Vs. Govt. of Bangladesh and 2 others…………………&he......rt Division (Special Original Jurisdiction) Present: Badrul Haider Chowdhury J Abdul Matin Khan Chowdhury J Mrs. Anwara Begum wife of Mr. Hannan (In Writ Petition No.267/77), Md. Abdu Gafur (In W.P. No.352/77), Anwar Mollah (In Writ Petition No.213/77).................Petiti......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

Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)

....d in: 30 DLR (HCD) (1978) 4.     ......bsp; ......upreme Court High Court Division (Criminal Jurisdiction) Present: Amirul Islam Chowdhury J Bhowal Raj Court of Wards State...........................petitioner Vs. Md. Chand Mia....................................................Opposite party Judgment ......nd in the letter of reference, the reference is accepted. Send down the records at once.   Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4.     ..

Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2

Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)

.... Serajuddin Talukder and others..............Opposite Parties Judgment August 9, 1977. Result: The Rule is discharged. Right of preemption under section 96 of the State Acquisition and Tenancy Act is a statutory right and is to be exercised within the scope of th......;   ......abul Haque Vs. Laljan Bibi and others, (1958) 10 D.L.R. 34; Diam Hossain Vs. Haran Das Namasudra, P.L.D. 1962 Dac. 458. Lawyers Involved: Abu Taker Chowdhury—For the petitioner. Md. Ansar Ali–For opposite party. Civil Appeal No. 495 of 1974. Judgment Ranadh......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)

....raised by the entries in Ext A. The trial Court held in favour of the plaintiff’s title on the view that there had been a subsequent record of rights prepared under the provision of East Bengal State Acquisition and Tenancy Act, where the plaintiff's predecessor has been recor­ded as t......tacharya J Fazli Munim J Akrab Ali and others…………………………………………Appellants Vs. Zahiruddin Kari and others..........................Respondents Judgment August ......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. ......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)

....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   ......e Court High Court Division (Civil Appellate Jurisdiction) Present: Shahabuddin Ahmed J M.H. Rahman J Mohd. Mazibar Rahman Mia............Pe­titioner-Appellant Vs. Naresh Chandra Guha…………………….Princip......ellip;….Principal-Opposite-party Judgment July 29, 1977. Result: The appeal is dismissed. Cases Referred to- Sarala Sundari Vs. Dina Bandho Roy, AIR 1944 (PC) 11. Md. Abdul Jalil Vs. Surendra Nath in 21 DLR 331. Lawyers Involved: M.A. Rouf-For the Petit......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   ..

Category: Property Law | Date: 29 Jul, 1977 | Hits: 2

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....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       ...... Chowdhury J Abdul Matin Khan Chow­dhury J Abdus Saleque……………………………………..Petitioner Vs. Secretary, Establishment Di­vision, Government of the People's Republic of Banglade......Republic of Bangladesh and others........................................Respondents Judgment July 27, 1977. Result: The Rule is made absolute. Cases Referred to- Quazl Md. Mahbubur Rahaman Vs. Government of Bangladesh represented by the Secretary Establishment Divisio......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       ..

Category: Property Law | Date: 27 Jul, 1977 | Hits: 2