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....iqui Chowdhury J.-This rule is directed against an order passed by the learned Munsif allowing opposite parties Nos. 6 to 11 to be added as defendants in this suit.
I have heard the learned Advocates and perused the impugned order, the petition and the counter affidavit on record. The records o......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
......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
..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....ule arises out of an order passed by the learned Munsif, 1st Court, Sadar, Chittagong, allowing amendment of the plaint, impleading plaintiff No. 3 as co-plaintiff in the suit and rejecting the application under Order 7 rule 11 of the Code of Civil Procedure filed by the defendant. 2....... 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. ...... 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)
....& 6 others……………………......(1st party) Oppoposite Parties Judgment March 29, 1978 Result: The reference is in the negative. Cases Referred to- Fazlul Karim Vs. Abdus Subhan. (1974) 26 DLR 291; Mr. Ishaque Ch......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......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ..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)
....r the Petitioners. Ahmed Sobhan, with Formanulla Khan and Fazlul Karlm—For the Opposite Parties. Criminal Revision No. 160 of 1978 Judgement Badrul Haider Chowdhury J.-This matter has been referred to the Full Beach by the learned Chief Justice as a question of public impor...... 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......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ..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)
....t Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ...... 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. ......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)
....s restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ......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......te Judge, Bogra, in Title Appeal No.36 of 1963 reversing that of the Munsif, 3rd Court, Bogra in Title Suit No.183 of 1961. 2. The plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the suit land by evicting the defendants. The plaintiffs' case, i......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
....n)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.………………Re......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......, any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......, any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....eral—For the Respondents. Writ Petition No. 865 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question an order dated 10.9.77 of Respondent No.1 Secretary, Ministry of Land Reforms Govt. of Bangladesh, passed in L......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. ......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
....tion)
Present:
K.M. Subhan J
Abdul Momith Choudhury J
Commissioner of Sales Tax, Chittagong Zone, Chittagong................Applicant
Vs.
Amin Jute Mills Limited, Sadarghat Road, Chittagong.......................Respondent
Judgment
February 17, 1978.
......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.
......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.
..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....ing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......, 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......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
.... Present: K.M. Sobhan J Abdul Momith Choudhury J Commissioner of Income Tax, Chittagong……………………Applicant Vs. Consolidated Tea & Lands Co. Ltd..........................Respondents Judgment February 16, 1...... 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. ......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)
....Lawyers Involved: A.M.M. Abdul Jalil—For the Petitioner. Quazi Shqfiuddin—For the Respondent. Writ Petition No. 60 of 1977. Judgment M.H. Rahman J.-In this application under Article 102 of the Constitution the petitioner has challenged an order, dated ......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. ...... 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)
....sh;For Respondent Nos. 2-4. Writ Petition No. 98 of 1977. Judgment M. H. Rahman J.–This Rule was issued calling upon the respondents to show cause why the Order No. 202-E/299(O) dated July, 29, 1976 of the Secretary, Bangladesh Railway Board (Annexure 'K' to the petition......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 ...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....s Case is also Reported in: 31 DLR (HCD) (1979) 152 ......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......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....Respondents. Writ Petition No. 548 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communicated under the signa...... 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. ......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)
....Respondents. Writ Petition No. 548 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communicated under the signa...... 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. ......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)
.... Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ......? 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.......o the Railway within the time prescribed under section 77 of the Act. 7. Ms. Ataur Rahman Khan, the learned Advocate appearing for the appellants, has submitted that the suits were for recovery of compensation for non-delivery of consignments and not for their loss. He has asserted th....... 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
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
.... down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ......anced value of the suit land in the subsequent suit. The previous suit was tried by a Munsif as it was within his pecuniary jurisdiction, but when the Value of the suit land increased at a subsequent time, another suit was filed before the Subordinate Judge showing higher valuation of the suit. In t......n on a finding that the plaintiff was out of possession of the land ever since he had purchased it. Thereafter the plaintiff filed the present suit; T. S. No. 92 of 1973, for declaration of title and recovery of possession. The defendants contested this suit denying the plaintiff's claim of titl......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... certain interests which have been specifically mentioned in that section. These interest are ''instimrari" or "mukarrari" tenures which have been held at a fixed rent from the time of the permanent settlement; tenures existing at the time of settlement at rent which is not li......n confirmation of a sale amounted to actual possession and as such the defaulting proprietors stood dispossessed thereby and that they could not have filed the suit for mere title without praying for recovery of possession, in support of this, contention he has relied upon a decision of this Court i...... 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, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... certain interests which have been specifically mentioned in that section. These interest are ''instimrarl" or "mukarrarl" tenures which have been held at a fixed rent from the time of the permanent settlement; tenures existing at the time of settlement at rent which is not li......n confirmation of a sale amounted to actual possession and as such the defaulting proprietors stood dispossessed thereby and that they could not have filed the suit for mere title without praying for recovery of possession, in support of this, contention he has relied upon a decision of this Court i...... 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
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