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Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ...... Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ...... Registrar. This resolution in a loose sheet of paper is typewritten hardly covering half a page. It shows that the petitioner, respondent No. 1 and their mother were present in the meeting, that the question of alteration of the Articles of Association arose when Alauddin left the Company and it wa..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....dgmet Shahabuddin Ahmed J.-This Rule, under Article 102 of the Constitution of the People's Republic of Bangladesh seeks a direction from this Court upon the respondents to restore possession of a house which was already derequisitioned. 2. The petitioner is the owner of the ......plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ......one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ......plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ..Category: Property Law | Date: 26 Jul, 1978 | Hits: 2
....ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......s.
Writ Petion No. 81 of 1978.
Judgment
Shahabuddin Ahmed J.- This Rule was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling in question an order dated 29-12-77 passed by respondent No. 1, President, Summary Martial Law Court, R..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2
....ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
.......
Writ Petition No. 81 of 1978.
Judgment
Shahabuddin Ahmed J. - This Rule was issued under Article 102 of the Constitution of e People's Republic of Bangladesh calling in question an order dated 29-12-77 passed by respondent No. 1, President, Summary Martial Law Court, R..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 ......er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 ...... as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 ......yed J.R. Mudassir Hussain, A.A.G.- For the Respondents. Writ Petition No.323 of 1976. Judgment Shahabtiddin Ahmed J.- This rule under Article 102 of the Constitution calls in question three orders of the Government of Bangladesh Respondent No. 1, communicated by the Secretar..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....e case of the 1st party petitioner is that he filed an application on 20-8-72 before the Officer-in-Charge, Borhanuddin Police Station against the 2nd party opposite-party stating that he has been in possession of the land mentioned in the petition and that he grew paddy therein and that there has b......party petitioner is that he filed an application on 20-8-72 before the Officer-in-Charge, Borhanuddin Police Station against the 2nd party opposite-party stating that he has been in possession of the land mentioned in the petition and that he grew paddy therein and that there has been apprehension o......e case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)
....is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......ss any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......ner Shamsul Hoque Chowdhury-For the Respondent No. 2 Writ Petition No.111 of 1978. Judgment Shahabuddin Ahms J.- This rule under Article 102 of the Constitution calls in question the legality of an order dated 31-1-78 of the Election Tribunal and Munsif, 6th Court, Bari..Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....tion 13 of the Police Act 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...... On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed a prayer before the District Magistrate, Bakerganj for police protection under section 13 of the Police Act in respect of the land described-in Schedule "A" of the petition. Opposite party Jadu Gopal Shaha Bhowmick a......before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......ioner, Bakerganj dated 29-12-77 received under Memo No. 3069 (4) Jubl. dated 30-12-77. On 22-4-79 the learned Sessions Judge rejected the criminal motion on the following ground: “The next question that crops up for determination is whether this order may be subjected to revisional jurisd..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....tion 13 of the Police Act 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...... On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed a prayer before the District Magistrate, Bakerganj for police protection under section 13 of the Police Act in respect of the land described-in Schedule "A" of the petition. Opposite party Jadu Gopal Shaha Bhowmick a...... petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......ioner, Bakerganj dated 29-12-77 received under Memo No. 3069 (4) Jubl. dated 30-12-77. On 22-4-79 the learned Sessions Judge rejected the criminal motion on the following ground: “The next question that crops up for determination is whether this order may be subjected to revisional jurisd..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
....demanded back the land, but was refused. 2. Defendants asserted 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 a......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 for which the land was sold out in the execution of a rent decree and the right of redemption of the mortgagor was......ellip;.......Appellants Vs. Nurul Islam & others.........................................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......uished for his own default to pay arrear rent and there is no evidence to show that the mortgaged property was collusively or fraudulently sold out for any default of the mortgagee. 11. The next question that calls for determination in this case is whether defendants No. 1 to 8 can be held as c..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....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. ......ed with a notice issued by the First Screening Board along with a copy of some charges against him. The charges were that in 1979 he had purchased in the benami of his wife and two sons 88 cents of land along with a pucca building in mouza Sen Para Parbata in Mirpur by illegal means. The value of ......e appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ...... on record made the rule absolute and declared that the impugned order was made without any lawful authority and of no legal effect. 6. Leave was granted by this Court to consider the following question raised on behalf of the Government Appellant: “(1) Whether the High Court under Art..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ......nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ...... Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ......pondents. Writ Petition Nos. 252 and 194 of 1976 Judgment Shahabuddin Ahmed J.—These two rules, issued on two applications under Article 102 of the Constitution call in question certain decisions of the Chairman, Labor Court, Chittagong in Industrial Dispute Cases Nos...Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
....d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424. ...... the said preliminary decree was varied or altered on appeal or review. Meanwhile, Title Suit No.41 of 1973 has been instituted by the opposite party Nos.3 to 6 for declaration of their title to some land of the aforesaid partition Suit No. 788 of 1929. During the pendency of the said suit, heirs of......e absolute. Cases Referred to- Lachmi Narayan, 29 C.W.N. 391 (P.C.); Kambala Sandararojamma, AIR 1932 Mad. 519; Lichmi Narayan Tewari, AIR 1925 Pat. 433. Lawyers Involved: Nizamuddin Haider—For the Petitioner. M. A. Sattar—For Opposite Party. Civil Revision......d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424. ..Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
.... of rent and the plaintiff's father, Mujahar Ali, purchased the entire raiyati on 23.1.1936 and the sale was duly confirmed on 27.2.1936; Mujahar Ali obtained the sale certificate and delivery of possession. He died leaving a widow, Bakful, a son, Khoka and a daughter, Hakimannessa (the plaintif......peal defendant No. 1 calls in question a judgment of affirmance decreeing the plaintiff's suit for partition in preliminary form.
2. The plaintiff claimed partition or schedule 'Kha' land out of schedule 'Ka', land of the plaint. The schedule 'Ka' land, of RS' kh......(Civil Appellate Jurisdiction)
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…………......d 3,
Nizamuddin Haider- For Respondents 1(1) to 1(4) and 1(8)
Appeal from appellate decree No. 334 of 1964
Judgment
M.H. Rahman J. - In this appeal defendant No. 1 calls in question a judgment of affirmance decreeing the plaintiff's suit for partition in preliminary fo..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......th if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ...... and used to take meal in each other's house. 12. As stated earlier, there are a number of P.Ws. who testified in support of the prosecution case as given out by P.W. 3. We shall take up the question of value and effect of the said oral evidence shortly. 13. Mr. Mostafa Kamal, the lear..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ......ury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ......e Chowdhury, Abdul Wadud Bhuiya—For the Respondents. Wilt Petition No. 405 of 1978. Judgment Shahabuddin Ahmed J.- This application under Article 102 of the Constitution calls in question an order of the Returning Officer and Secretary, Election Commission (Respondent No.1) acce..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ......r order made by me in pursuance of this Proclamation.” 7. On plain reading of these provisions of the Proclamation it is as clear as anything that the Martial Law is the Supreme Law of the land and that though the Constitution has not been abrogated it has been made subordinate to the Mar......is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ......both the petitions.) Writ Petition Nos. 444 and 447 of 1978. Judgment Shahabuddin Ahmed J.- These two applications under Article 102 of the Constitution of Bangladesh call in question a Notification dated the 21st April, 1978 of the Chief Election Commissioner respondent No...Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
..... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ......on of 20th August not by any Regulation. The position thus appears :- (1) Criminal Courts and Martial Law Courts are having concurrent jurisdiction over offences under the normal law of the land. (2) Special Tribunals under Special Powers Act, 1974 are Courts of exclusive jurisdiction......this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ...... the word "offence" finds mention in the proclamation and therefore, it is not subject to any limitation as to the time of occurrence; and (4) proceedings in the Martial Law Court cannot be questioned as bar has been created by Regulation. 11. The first question is whether this Court ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....his Act, file an application along with necessary requisites, for the purpose of correcting mistakes, in such record of-rights in the Civil Court which would have jurisdiction to entertain a suit for possession of the land to which such entry relates or in respect of which such omission was made. ......quisition and Tenancy Act for correction of record of right in respect of the properties mentioned in the schedule to the application. It is khatian No. 2184 Plot No, 2594 measuring 11.97 acres. This land has been recorded in SA. Khatian No.1 in the name of the Deputy Commissioner. In this applicati......diction) Present: Ranadhir Sen J Abu Daud and others………………………………..Petitioners Vs. Ruhul Amin Sardar and others (In C.R. 445/75) Sailuddin Sardar & others………&hel......nd Sailuddin Sardar, Golam Rabbani and Ramjan Ali, the three brothers of Ruhul Amin have been impleaded as opposite parties 2 to 4 (proforma) The allegations made in the petition are that the land id question originally belonged to Roy Harendra Nath and others in khas under the Government and the pe..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....defendant's case is that he purchased at a certificate sale C.S. Plot Nos.449, 450 and 451 and 4 annas share of plot No.447 and in another sale he purchased 6 annas share of plot No. 477 and took possession through Court One Bimala Charan Roy and others filed a preemption case against him which ...... 539 of 1965. Judgment M.H. Rahman J.- The plaintiffs appellant's case, in brief, is that Sarada Prosad Roy, Jnanada Prosad Roy, Promoda Prosad Roy and Komada Prosad Roy gifted the suit lands to Sankar Prosad Roy in 1337 B.S. Sankar Prosad Roy possessed the suit lands exclusively and i......pril 21, 1978. Result: The appeal is allowed. Cases Referred To- Sm. Jobeda Khatun and another Vs. Hazi Mohammad Ibrahim and other, AIR 1957 Cal. 360; Probodh Chandra Barman, Managing Director, Tripura Modern Bank, Chittagong Vs. Messrs Abdul Rahman, Abdul Gani and others (1960) ......to the provision of Order 41, rule 22 of the Code of Civil Procedure the Court of Appeal below erred in law in not allowing the plaintiffs to show that the finding of the trial Court on the question of title and adverse possession was erroneous. He has contended that without reversing the ..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
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