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Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)

....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.         ..

Category: Property Law | Date: 9 Aug, 1977 | Hits: 2

Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)

....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......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)

....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.   ..

Category: Property Law | Date: 18 Jul, 1977 | Hits: 2

Abdur Rahman Vs. The State, 1977, 6 CLC (AD)

....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.   ..

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)

....on of Gharjamai and confers on the daughter even if married, the right of residence and even of maintenance. After the plaintiff's marriage with the pro-defdt her husband took service for a short time in a ten garden where the Plff, went to live with him but due to illness the plff's husband...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186.   ..

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)

.... 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 the second time on the selfsame charges. 4. In Writ Petition No. 369 of 1976 facts being almost identical ......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ..

Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3

Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)

....f office was administered to him on 2nd March, 1977. The petitioner was given training by the authority from 7th March to 9th March, 1977 to efficiently run the Union Parishad as Chairman. In the meantime respondent No. 2 filed an election petition before the Election Tribunal challenging validity o......rence to rule 57 of the Union Parishad and Pourashava (Election) Rules, 1973 submitted that since the power of appointing Election Tribunal was given to the Election Commission; without confining the appointment to only judicial grounds for taking the view that the Election Tribunal so appointed cou..

Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5

Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)

....lot No. 640 of khatian No.22 and plot 1084 of khatian No. 873 of Mouza Beel Boalia. The suit land was previously khal and it was so recorded in C.S. khatian and was meant for public Use. In course of time the khal silted up and since then the local people have been using the same as path from time i...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 2

Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)

....agraphs of which it has been stated: “(1) That in the original suit statement of facts was called from the Circle Officer (Revenue) concerned but the same was not received by the office in due time and as such written statement could not be filed in the suit. (2) That as the original con...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 60

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....lowing schedule shall be punishable to the extent mentioned in the third column of the same with reference to such offences respectively:- 8 (a) If any goods, the importation of which is for the time being prohibited or restricted by or under this Act, be imported into or exported from Pakistan......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ..

Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1

Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra Vs. The State and others, 1977, 6 CLC (HCD)

....tenu was indulging in political and criminal activity and he did and was about to do prejudicial acts and it is stated that if necessary the relevant records would be produced before the court at the time of hearing. As a point of law it was mentioned that the grounds of detention with the sections ......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq. Muhammad Habibur Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 103.   ..

Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1

Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)

....ll be entitled to the benefit of this section in respect of any premises unless, he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance with­in the time fixed in the contract with his landlord or in the absen­ce of such contract by the fifte&sh......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ..

Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60

Habibullah Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra¬tion & Land Reforms, Bangladesh & others, 1977, 6 CLC (HCD)

....whereupon the petitioner moved this Court and obtained the Rule. 3. Custodian of Enemy Property entered appearance by filing an affidavit-in-opposition but none has appeared on his behalf at the time of hearing. Mr. Mohammadullah, the learned Advocate appearing for the petitioner has assailed t......ed without any order as to costs and the order of stay is vacated. Abdul Matin Khan Chowdhury  J.-I agree, Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 47.   ..

Category: Property Law | Date: 10 Jun, 1977 | Hits: 2

Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)

....izance is to be taken on the basis of the charge-sheet submitted by the police. All that it provides is that notwithstanding anything contained in the Criminal Procedure Code or any other law for the time being in force, the Special Tribunal shall not take cognizance of any offence triable under the......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124.   ..

Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2

M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and ano­ther, 1977, 6 CLC (AD)

....e suit. 6. It was observed by the High Court that "so far as the responsibility of the ship is concerned, according to the clause already quoted, it would appear to us to have ceased at the time that the general goods were disembarked at the outer anchorage from the ship on to lighter vess......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357

Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)

.... in interest of the plaintiffs never possessed the suit land adversely to their interest within their knowledge. The contesting defendant No. 1 and 6 who were respectively aged about 21 and 19 at the time of trial of the suit were minors when the patta was executed In favor of Ayenuddin and the patt......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407.     ..

Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2

Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)

....p;if he had independent knowledge of the transfer or under section 96(4) if notice under section 96(3) (b) of the Act provides him with the knowledge of the transfer for the first time. This is deducible from the two-fold period of limitation prescribed under the two provisions. ......since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ..

Category: Property Law | Date: 7 Jun, 1977 | Hits: 5

Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)

....86of the Penal Code. Now section 174 of the Penal Code reads as follow:- “Section 174, Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant leg......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ..

Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1

Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another

.... holding that the petition under Order IX, rule 13 read with section 151 of the Code of Civil Procedure is barred by limitation, although the Labor Court should have held that the time would run from the date of knowledge of the order and not from the date of ex parte order obtai......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331.   ..

Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2

Nazir Ahmed Vs. Bangladesh Jute Industries Corporation represented by its Chairman, 1977, 6 CLC (HCD)

.... Head Office as Manager under Director (T) Section to look after the work of Chittagong Zone in the pay and pay scale he was drawing at Crescent Jute Mills Company Limited. The Company had for a long time scheme of gratuity and a Provident Fund Scheme. The Corporation never took charge of these sche......f Executives including the Manager to be transferable from one Jute Mill to another or to the Corporation with continuity of service, and on transfer to the' Corporation's Head Office a fresh appointment letter will be given to the individual incumbent and allow him continuity of service and..

Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2