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Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....in the will, the learned District Delegate passed certain orders and by the impugned order he refused to return the petition to the filing Advocate for presenting before the District judge who is the proper court according to law. 2. Mr. Md. Nurul Huq, the learned Advocate appearing in support ......e is also Reported in: 31 DLR (HCD) (1979) 97 ......on proceeding is itself in the nature of Contentious matter since the contention, the challenge is the basis for the said proceeding. It, therefore, follows that the learned District Delegate acted illegally and with material irregularity in the exercise of jurisdiction in entertaining the petition ..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
....ns made therein:
“Wherever any person or body of persons is empowered to take decisions after expost facto investigation into facts which would result in consequences affecting the person, property or other right of another person, then in the absence of any express words in the enactment......of Bangladesh.............................Respondent
Judgment
December 2, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Abdus Sabur Khan Vs. Karachi University and another (1966)) 18 DLR (SC) 422; University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; Ban......, 1st Court, Dacca for a declaration that the order dated 22. 2. 66 of the Deputy Director of Public Instructions, Dacca Division, Dacca (defendant No. 2) terminating his service was void, invalid, illegal, ultra vires and without lawful authority and of not legal effect and that he was still in ser..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....High Court of East Pakistan modifying, under Article 98 of the late Constitution of Pakistan two orders of the Sub-Divisional Officer Brahmanbaria, relating to lease of certain lands said to be enemy properties.
2. The Sub,-Divisional Officer, Bhahmanbaria. Respondent No.1, served a notice upon......rder as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
...... who alone was authorised to take any action with regard to an enemy property and the Sub-Divisional Officer not being any of the said categories of officer the said notice and order were without any legal authority.
8. Learned Counsel has further contended that the Custodian of Enemy Property ..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....nbsp;96 of the State Acquisition and Tenancy Act started by the pre-emptors Wahab Ali and Chand Ali. On 26.12.72 one Aftab Ali son of late Badullah executed a kabala in respect of certain landed property in favour of the purchaser petitioner Aftab Mia son of late Mazar Ali. The pre emptorsWahab......) Present: Siddique Ahmed Chowdhury J Aftab Mia…………………………….................Petitioner Vs. Wahab Ali and others……………..................Opposite parties Judgment ......ed secretly and without any knowledge of the co-sharer pre emptors. The case land is vitally and essentially necessary for their use and occupation and they being co-sharer tenants by inheritance are legally entitled to get the case land by way of pre-emption. 2. The purchaser-petitioner contes..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....f section 4 read with section 114 of the Code of Civil Procedure in support of his contention and in that connection he also relied on certain decisions which will be discussed in proper places. 9. Section 24(9) of the Non-Agricultural Tenancy Act provides- &l......lso Reported in: 31 DLR (HCD) (1979) 407 ......ll by operation of section 141 of the Code of Civil Procedure attract the provision of Order IX, rule 13, C.P.C, with the result that the order complained of shall prevail as sound and legal.” In the case of Birendra Nath Biswas Vs. Monorama Devi and others, reported in A. ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
.... assesses paid, the tax demanded without any objection. The petitioner, having already paid the tax assessed on the valuation of the oil storage tanks from 1963-64 to 1969-70 which was assessed after proper service of notices in 1970, the objection of the petitioner that re-assessments under rule. 1......) Present: Ruhul Islam CJ A.T. M. Afzal J Judgment Burmah Eastern Limited. ......................................Petitioner Vs. Assessing Officer, Narayanganj Range and others..........Respondents Judgment September 1, 1977. Result: The applicat......er, Narayanganj Range, demanding payment of Taka 80,165/- as Urban Immoveable Property Tax for the years 1957-58 to 1972-73 should not be declared to have been made without lawful authority and of no legal effect. The petitioner instead of filing separate applications impugning the orders of the ass..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
.... marks. As the plaintiff has failed to make out a prima facie case of infringement' it is not entitled to an order of injunction. Where there is no prima facie case of the defendant's using improperly the plaintiff's registered trade mark, injunction will not issue in an infringement act......n Medical Supplies Vs. Farben 21 DLR 945; Mohanlal Harprassad Vs. Firm Lai Mohan AIR (1961) M.P. 237. Lawyers Involved: S. R. Paul with Khalilur Rahman—For the Appellants. Khandker Mahbubuddin Ahmed with A, K. Maintil Huq—For the Rcfpondtni No. 1. Appeal from Ori......t is of no consequence and in support of his contention he has cited to us-"Full Wood Vs. Chancery Division, Vol. IX page IX 176 wherein it was held that when an injunction is sought in aid of a legal right the Court is bound to grant it if the legal right is Established and mere lapse of time ..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....assessment, the respondents preferred the above Arbitration Case and claimed compensation to the tune of Tk. 3, 88,136/- on the averment that the assessment made by the L A. Collector is not fair and proper inasmuch as the case land is more valuable. 3. On being served with notice under section......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. Result: Th......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)
.... Court, Chittagong in Other Suit No. 3 of 1975. This judgment will dispose of them all. 2. Defendants are the appellants and the suit was for declaration of the plaintiff's title to the suit property, recovery of possession and for mandatory injunction. The case of the plaintiff, as set out....... Islam—For Appellant (In F.A.No.16 of 1977). Syedlshtiaq Ahmed with Mahmudul Islam—For Appellant (In F.A.No.17 of 1977). Ahmed Subhan, with Ataur Rahman Khan, Fazlul Karim and Fazlul Huq—For Respondents (In both the Appeals.) Appeal from original decree No......ntended that he never acted as the defendant's lawyer prior to the final payment of consideration on 8.7.72. Defendant No.1 has admitted in his cross-examination that the plaintiff did not do his legal work prior to 8th July, 1972, the date on which the last of the three installments of the cons..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....Mr. Ajmal Khan be released from police custody and for other dues the Chairman was advised to take up a separate case for recovery of other dues payable by M/s. Khan and brothers in this regard under proper section of law. Thereafter the petitioner was released. According to his instructions his law......ul Matin Khan Chowdhhury J Md. Ajmal Khan………………………….......................Petitioner Vs. Chairman, Ctg. Pourashava and others……………Respondents Judgment August 17, 1977. ....... — This rule is directed as to show cause why the notice dated 16-8-76 issued by the respondent No.1 (Annexure A) should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceedings are follows:- The Chittagong Paurash..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
.... 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 ......hellip;………Opposite Party Judgment August 15, 1977. Result: The two Rules are made absolute. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others 27 OLR 61 (Appellate Division) is evidently distinguishable. The case of Barada Prasanna ......s are against the aforesaid two orders of the learned District Judge. 3. Mr. Golam Rabbani the learned Advocate appearing in support of the Rules contends that the learned District Judge acted illegally and with material irregularity in the exercise of jurisdiction in holding that the appeals a..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
....ion Bench observed in that context:
“Apart from the question as to how far smuggling activities could be covered by the provisions of rule 32, it seems that the detaining authority has not properly applied its mind to the facts of the case.”
With respect we are in full agreemen......wara 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……………………………......rther 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 Writ Petition No.352/77 the detention of Haji Abu Taleb has been challenged by his..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)
....) Dacca, by his order dated 9.3.70 dropped the proceeding. 3. Where a proceeding under section 145 of the Code has been dropped two courses are possible. One is to order release of the property from the attachment without directing delivery to either party and the other is to order th...... 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 August......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
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....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. ......order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......on for considering the points: (1) whether the High Court Division wrongly placed the onus of proof of title and possession upon the defendants and (2) whether the High Court Division committed any illegality in disturbing in the second appeal the findings of fact as to possession as arrived at by t..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....tioner. After failing to recover the amount from the deceased (be petitioner instituted Money suit No. 6 of 1969 in the Court of the Subordinate judge, 1st court, Barisal and prayed for attaching the property in respect of which respondent No.1 obtained the probate. It was alleged that the learned D...... Court Division (Civil Appellate Jurisdiction) Present: Shahabuddin Ahmed J M.H. Rahman J Mohd. Mazibar Rahman Mia............Petitioner-Appellant Vs. Naresh Chandra Guha…………………….Principal-Opposite-party ...... of the Subordinate judge, 1st court, Barisal and prayed for attaching the property in respect of which respondent No.1 obtained the probate. It was alleged that the learned District Delegate acted illegally in granting the probate though the will in question was not proved and the requirements of l..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....challenge. The petitioner was served with the charge sheet annexure 'B' dated 6-3-73 and was asked to show cause why he should not be recommended for dismissal from service with forfeiture of properties. The charge sheet shows the total assets of the petitioner as Rs. 2,73,415.00 and the net......hellip;………………………..Petitioner
Vs.
Secretary, Establishment Division, Government of the People's Republic of Bangladesh and others........................................Respondents
Judgment
July 27, 1977.
...... the forfeiture of the house at 126, Gulshan Avenue, Dacca, under Article 6 of P.O. 67 of 1972 and the order is challenged on the ground that the same has been made without lawful authority and of no legal effect.
2. The facts in brief are as follows:
The petitioner was an Executive Engine..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
....s, therefore, got all the powers to order payment of interest on an award independently of the corresponding provision for interest in the Land Acquisition Act. In view of these considerations and on proper construction of the relevant provisions of the two Acts we hold that the L.A. Court referred ...... 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...... 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
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
.... between a fresh complaint and a revival of the same proceeding. It is true that the difference may appear to be a technical one, but it is not a difference which can altogether be ignored. In a proper case an application for revival may amount to a fresh complaint but barring that we would no...... ......however, sent up in the charge-sheet. So he is no longer concerned in this case. After apprehension of the appellant on submission of the charge sheet he challenged the continuity of the case, the legality of the submission of the charge sheet and Magistrate's taking cognizance of the offence th..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)
....e of the defdt. No. 2 was that the suit premises belonged to Babu Nikhil Chandra Kar and was duly recorded in his name during the last settlement operation. That the suit land has been declared enemy property as the owner is an Indian National. The plaintiff lives with her husband in the tea garden ......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...... disputed premises. Further since the departure of the plff's brother from Pale stan, the pliantiff with her husband and their children has been in exclusive possession of the premises in her own legal and indefeasible right for more than 12 years. But still the S. D. O. does not accept the plff..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)
....arges could not be established and later on the case was referred to the Screening Board under President's Order No.67 of 1972. Allegations against the government servant was that he had acquired properties beyond the known sources of his income and that he tried to conceal certain facts regardi......ed in: 30 DLR (HCD) (1978) 79. ......ment for the alleged offence, the Second Screening Board acted without any lawful authority in entertaining the case of the petitioner and recommending punishment; and that the Chief Engineer acted illegally and without any lawful authority in passing the impugned order punishing the petitioner for ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
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