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Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....wer appellate Court's finding, based only on the defendant's documents, that the defendants came upon the suit land earlier than 1368 B.S. is rather vague as it has not pointed out a definite time when the defendant came upon the suit land. 6. Mr. Md. Abdur Rashid in support of his firs......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....nbsp;of the Court Fees Act cannot be a rejection of the plaint but is a dismissal of the suit. Rejection of the plaint is provided for in section 6(2) of the Court Fees Act and that is at a time before the service of summons. There is a clear distinction between the wording used in the two......missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
....ldings) Administration and Disposal Order, 1966 (hereinafter called the Order). In paragraph 4 of the said Order it has been clearly laid down that no lease can be granted for more than one year at a time and the lessee shall not in any case acquire any right of occupancy in such property nor shall ......made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
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Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
.... vide No. 2557 dated 13. 4. 76 disclaiming any interest in the suit premises on the basis of disputed kabala. 2. That the defendants never possessed nor claimed any interest in the suit land any time and shall not claim anything in future also.” 6. After such categorical admission by...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ned In the second proviso to sub-section (4) its exercise is restricted to a situation which obtains only after the provisions of sub-section (3) have been compiled with, The expressions "at any time" used in the proviso is referable to a point of time which begins after a copy of the prel......ackground the High Court posed the question by saying:- “The question to be determined it at what stage of the proceeding initiated u/s 145 Cr.P.C. can an order of attachment and appointment of receiver be passed or, to put it differently, can such an order be passed immediately..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
.... observation of learned judge In Punjab case was clearly obiter. The view was taken in the Madhya Pradesh case that the function of the proviso was not to restrict the case and expressed "at any time" occurring in the proviso are words of widest amplitude and observed: “In my op......ackground the High Court posed the question by saying:- “The question to be determined it at what stage of the proceeding initiated u/s 145 Cr.P.C. can an order of attachment and appointment of receiver be passed or, to put it differently, can such an order be passed immediately..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
.... and the plaintiff, a man of neighboring Village, was in ejmali possession with the defendants. The lower appellate Court observed that in the written statement there was no reference to any point of time when hostile title and ouster of the plaintiff was claimed and that the evidence of exclusive p......r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....he suit land as a bargadar under Girish Chandra and others, the plaintiffs' predecessors, on delivering half of the produce of the land from year to year; and that during Jasmat Sardar's life time the land was taken and given borga bandabosta to others. As Jasmat was possessing the land as b......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
....as required under these Rules and that he was not given reasonable opportunity to. defend himself. But on perusal of the affidavit-in-opposition it is found that the petitioner was first given 7 days time to show cause why he would not be dismissed from service on the allegation that he had committe......and superintendence of the affairs of the Council including the administration of its fund. Officers and employees will be appointed by the Council on terms and conditions to be determined by if, but appointment of senior officers is subject to Government's approval. The Fund of the Council cons..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....ppeal against an order made under section 3 shall, if presented within 30 days from the date of service of the order, lie to the Commissioner. (2) The provincial Government may, at any time, either on its own motion or on application by an aggrieved party, revise any order passed by t......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
....s follows: The assessee Amin Jute Mills Limited imported a Hydrant Sprinkler Plant on 19.2.63 in the accounting year 1962-63. No Sales Tax was charged on this plant by the customs, authorities at the time of its import. Accordingly the Sales Tax Officer issued notice under section 29 of th......ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
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Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
...., 1972 to discharge the duties and exercise the powers and perform the responsibilities of the Managing Director of the Company. The plaintiff in that capacity has been so acting. With the passage of time, however, misunderstanding in the family slowly cropped up and ill-feeling cropped up between t......hall be an election". The use of the expression "if necessary" sets out certain conditions and we hold that passing of a resolution in a meeting which is an important item, namely, the appointment of a Managing Director cannot be subjected to certain conditions. If the Board of Direct..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
.... The geographical isolation of these tea estates more or less have remained the same and there are no modem amenities in and around the Tea Estates. The Officers of the Tea Estates live most of their time without their families and the only place where they could relax and entertain themselves in th......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
....erved on the petitioner on 25.1.75 Respondent No. 4 prayed for another date, and 10.2.75 was fixed for hearing. On the adjourned date the Petitioner did not appear nor did he file any application for time. From the impugned order it is clear that the petitioner was not present though it has been sta...... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....nted on July 20, 1963 as Assistant Engineer in the then Pakistan Eastern Railway on a temporary basis. Later, his appointment was regularised by an order dated 24-2-1971 with effect from 20-7-63. Meantime he was promoted to the post of Executive Engineer Divisional Engineer with effect from January ......d was of no legal effect. 2. The petitioner's case, in brief, is that he was appointed on July 20, 1963 as Assistant Engineer in the then Pakistan Eastern Railway on a temporary basis. Later, his appointment was regularised by an order dated 24-2-1971 with effect from 20-7-63. Meantime he was pr..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....th the petitioner and respondent No. 2. The petitioner had taken a loan of Tk. 47.898,75 from respondent No. 2 and therewith purchased a truck on usual condition of repayment by installment. But some time after, the truck was detained by respondent No. 2 whereupon a dispute arose between the petitio......Registrar for review and revision under section 135(2) and there is no other provision in this act under which the Joint Registrar can review any order. Section 10 was amended for appointment of officers like the Joint Registrar to assist the Registrar and by a Notification the G..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... Article, was given to the petitioner when he was given a charge sheet containing some allegations brought against him, and that this Article does not require such an opportunity to show cause second time. Mr. Sirajul Huq has contended that when an allegation is brought against a person no definite ......dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... Article, was given to the petitioner when he was given a charge sheet containing some allegations brought against him, and that this Article does not require such an opportunity to show cause second time. Mr. Sirajul Huq has contended that when an allegation is brought against a person no definite ......s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
....? 7. Is the defendant No. 4 liable for the claim at all? 8. Is the notice u/s, -77 of the Railways Act valid, proper and legal? 6. Issue Nos. 1, 2, 3 and 4 were not pressed at the time of hearing. The learned Subordinate Judge answered Issue No. 6 In the affirmative and issue No........ There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ......s an Associate Professor in the Post-Graduate Medical Institute, Dacca and father of the minor son and daughter filed an application under Section 10 of the Guardian and Wards Act, 1890 for appointment as guardian of his, minor children. The opposite party, the mother contested the case by..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
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