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Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
.... prayer is refused. Cases Referred To- Annefield's case, 1971 All England Law Reports page 394; Lord Esher M. R. Leduk & Co. Vs. Ward and others (1888) 20 Queen's Bench Division at page 475 (479); Hain S. S. Co. Vs. Tate & Lyle; Manchester Trust Ltd. Vs. Furness, (1895) 2 Q......harter party dated 25.7.11 to defendant No.7 and the ultimate consignee in Bangladesh was the plaintiff. The ship was scheduled to reach Chittagong from Bedi Bander within 8/10 days and her estimated time of arrival according to the daily berthing list published by the Chittagong Port Authority, was......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
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....e 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, 1977......ous illness. On 15.5.74 the prayer for shifting the date of trial was allowed and 8.7.74 was fixed as the date of trial. On 8.7.74 the accused filed a petition alone with a prescription praying for a time. The learned Magistrate took the view that the accused took recourse to dilatory tactics. Hence......een held that 3 stages are contemplated for a proceeding under Section 514. Firstly, a declaration of forfeiture, secondly, the order for payment or to show cause, and thirdly, step be taken for recovery of the amount. The declaration of the forfeiture must be proved upon cogent grounds establi......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
....R (SC) 422; University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; Bangladesh Small Industries Corp. Vs. Mahtab Hussain (1977) 29 DLR (SC) 41; A.B.M. Habibur Rahman Vs. Director of Technical Education (19.69) 21 DLR (Dac) 274; Federation of Pakistan V. Raja Md. Afzal Khan (1959) 11 DLR (SC) 45.......he case of A. B. M. Habibur Rahman Vs. The Director of Technical Education, East Pakistan and others (1969) 21 DLR (Dac.) 274 wherein termination of service of a temporary employee, terminable at any time without any notice and without assigning any reason whatsoever, was held to have been bad as th......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.
......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
....hout 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.
......perty vested in him without the previous approval of the Provincial Government.
(2) The Custodian may grant lease of, or let out, any such enemy property for a period not exceeding one year at a time.
(3) Notwithstanding anything contained in any other law for the time being in force or in......that the Sub-divisional Officer Brahmanbaria having been duly authorised by the Deputy Commissioner of the district and also the Assistant Custodian of Enemy Property to take necessary steps for recovery of possession of enemy property in unlawful possession of the appellant and to realise......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)
....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. Mst. Domini Kaur and others, A.I R. 1961 (S.C) 1747; Asmat Ali Sharif Vs. Mujahar Ali Sarder ,52 C.W.N. 64; Noab Miah Bhuiya Vs. Golam Hossain, 13 D.L.R. 88......timber remained un sold. But even when a partnership is entered into for a fixed term a decree for dissolution may be passed when the mutual confidence which the partners reposed in each other at the time when the partnership was entered into has ceased. Moreover even if the suit was instituted prem......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. ......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)
....e Parties Judgment November 17, 1977. Result: All the rules are made absolute. Cases Referred to- Thakur Prasad Vs. Sk. Fakirullah and another 22 Indian Appeals 44; Jamiyat Ali Vs. Mrs. Chemon Ara Begum and others, (1968) 20 D L.R. (Dacca) 480; Munsur Ahmed Vs. Dakshina......ication at the instance of the learned Lawyer of the purchasers was filed to the effect that the case was fixed for bearing on 20th September, 1975 on which date the purchasers petitioners prayed for time on the ground of illness and the Court was pleased to grant time till 25 9.75 but that date bei...... 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 ...... 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
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
..... ......................................Petitioner Vs. Assessing Officer, Narayanganj Range and others..........Respondents Judgment September 1, 1977. Result: The application is allowed and the rule Nisi made is absolute. Lawyers Involved: Altaf Hossain with ......from 1957-58 to 1962-63 was originally made without taking into account the valuation of oil reserve lands which form major portion, of construction of the Oil Depot. The omission was detected at the time of assessment of tax for the years 1963-64 to 1969-70. Assessment for the said years was made a......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....30 DLR (HCD) (1978) 179. ...... urgency, the tenant may serve a notice in the prescribed form under section 21(4) of the Ordinance requiring the landlord to make such repairs within 72 hours of the notice and at the same time submit a copy of the notice to the Controller together with the estimate of the costs of such r...... Claims of set-off—Conditions-Not bared by limitations- Order 8, Rule 6 of the Code of Civil Procedure, 1908 The relevant provisions dealing with set-off are- (a) the suit must be for recovery of money (b) the claim demanded to be set-off must be an ascertained sum of money (c) it mu......The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
....ll be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ......ious dislocation and irreparable loss to The defendant and the plaintiff's prayer for the injunction should he rejected as the defendants have been using the mark 'Chand Ghora' for a long time since January 1971, Defendant No. 1 further contended that the suit was not maintainable and wa...... 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. ...... 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
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
.... restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ...... who was the sole opposite party in the said application, and setting aside an order of dismissal of an appeal preferred by the respondent for his failure to put in a sum of Tk. 500/- within the time directed by the appellate Court. 2. The appellant brought a suit in the first Court o......t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ......provided, he has filed such objection in the Appellate Court within one month from the date of service on him or his pleader of notice of the day fixed for hearing the appeal, or with in such further time as the Appellate Court may see fit to allow.” Relying upon the above provision, the ......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. ......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)
....s. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ......ilar letter addressed to defendant No. 4. But defendant No.1 suddenly changed his mind and tried to avoid delivery of possession of the suit land since the value of the suit land increased in the meantime. Defendant No. 2, the Military Estate Officer also instructed defendant No.1 to undo the sale t......ittagong 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 in the pl......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)
....Case is also Reported in: 30 DLR (HCD) (1978) 316. ...... posts on yearly basis to the highest auction bidders for period beginning from 1-9-76 to 1-7-77 and the purashava authority had invited tender, It is stated in the petition that it was for the first time that auction was held for leasing out the aforesaid octroi posts. It was further mentioned that......is earnest money and security money and to release him from the bid. But the pourashava, it seems, had contemplated some other actions as it appears from Annexure H in which it is mentioned steps for recovery of other dues payable by M/S. Khan and Brothers in this regard are under examination and ne......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)
....ip;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 Lod and others Vs. Kobbad Mi......er No.12 of 1972 to get the benefit of nonexistence of a period from 1.3.71 to 1.3.72 both days inclusive and he was also entitled to the benefit of section 12 of the Limitation Act. If the time requisite under section12 of the Limitation Act for obtaining the copy of the order appeal...... 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 ...... 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
....s Case is also Reported in: 30 DLR (HCD) (1978)131.
......1989 was repealed by the Repealing and Amending Act, 1948 but the conditions in the sub-continent following the partition necessitated enactments and orders and the preventive detention for the first time was mentioned in the Constitution, namely, Indian Constitution and in Entry No. 3, List No. 3, ......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.
......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)
....in: 30 DLR (HCD) (1978) 4. ......umstances it is directed that the 2nd party shall deposit the amount withdrawn by him as per order of the learned Magistrate dated 27.10.70. If the 2nd party fails to deposit the said amount within a time fixed by the Subdivisional Magistrate the learned Subdivisional Magistrate will then proceed to......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. ......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 the ......edge of the pre-emptors, the learned District Judge held that the pre-emptors had no knowledge prior to 9.5.72 and accordingly the application having been filed on 13. 5. 72. "is well within the time from the date of knowledge of the petitioners about the transfer in question. Hence, I find tha......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. ......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)
.... 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. ......l holder of the jote, who was a settled raiyat of the village, but no rent appears to have been fixed because an agreement with the landlord as to the amount of rent was not perhaps concluded by that time. The name of Faizuddin Haji was recorded as an occupant by purchase and the class of the t......ve is against a judgment of a Bench of the High Court Division, allowing a Second Appeal and restoring the judgment and decree of the trial Court by which a suit for declaration of title and for recovery of possession of certain lands, brought by Respondent No.1, was decreed. 2. Respondent......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
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
....t without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ......the respondents did not accept it. They made an application before the Court constituted under the Land Acquisition Act, 1974 for determination of a reasonable compensation as no tribunal was at that time constituted under the T.I. Act for this purpose, This Court, ordinarily known as L.A. Court, ac...... 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. ...... 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)
....ve G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ......sider it expedient to keep the investigation in the case pending and submitted a final report whereupon the Magistrate discharged the accused who was in custody. However, after the lapse of some time the police submitted an application to the Magistrate for starting reinvestigation of the case......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
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