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Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)

....t of any earlier date than that of the kabala sought to be preempted be was not entitled to claim rateable preemption. 6. On this point the learned Munsif observed "according to the various provisions regarding contained in S. 96 of the S.A.T. Act the right of preemption accrued ...... grant rateable pre-emption to the present petitioner who was O.P. No. 1. 7. Mr. Mian Aftabuddin, the learned Advocate for the petitioner submits that both the Courts below committed an error of law apparent on the face of the record in not holding that this petitioner became a co-shararer by h..

Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2

Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)

....shy;cree. (2) No suit shall be instituted for the purpose of obtaining any restitution or other relief which could be obtained by application under subsection (I)". 7. Reading the aforesaid provisions it is apparent that the purpose of section 144 of the said code is defined. It relates to......Since the defendants have been thrown out of possession by the decree which has been set aside we arc of the view that the suit should be disposed of as expeditiously as pos­sible after providing lawful opportunities to the parties. We do not see any justification in prolonging the litigation ov..

Category: Property Law | Date: 2 Mar, 1982 | Hits: 2

Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)

.... reported in A.I.R. 1916 Calcutta-427 in support of his contention. 6. Mr. Md. Ansar Ali, the learned Advocate, appearing on behalf of the plaintiff-respondent, however, submits that there is no provision of law, for issuing notice on the defendant before appointing a Receiver, and as such the ......A.I.R. 1916 Calcutta-427 in support of his contention. 6. Mr. Md. Ansar Ali, the learned Advocate, appearing on behalf of the plaintiff-respondent, however, submits that there is no provision of law, for issuing notice on the defendant before appointing a Receiver, and as such the learned Subor..

Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1

Momtazuddin Ahmed Vs. Abdur Rashid Khan, Sub-divisional Magis¬trate, Sherpur & ors, 1982, 11 CLC (HCD)

....79, the judgment of which has also been delivered today. In the result the rule is made absolute. Md. Altaf Hossain J.-I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 113 ......2.70, passed by the Sub-Divisional Officer, Jamalpur, in Case No. 56-EP/70-71, purporting to take possession of part of C.S. Plot No 14, Khatian No. 22 of Mouza Narayanpur had been passed without any lawful authority and was of no legal effect. 5. It is the petitioner's case that he along w..

Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2

Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)

....sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110     ......dents to show cause as to why the lodging of the F.I.R. of the said Sherpur P.S. Case No.14 dated 26.10.78 under MLR 12 of 1975 against the petitioner should not be declared to have been made without lawful authority and is of no legal effect. While issuing the Rule the court stayed all further proc..

Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3

Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)

....thority. The Local Council Servants (Efficiency and Discipline) Rules, 1968 is applicable in the case of the officers and staffs of Zilla Parishad. In the absence of any other rule modifying the provisions relating to appointment and dismissal in Local Council Servants (Efficiency and Disciplin......caused prejudice to the delinquents— The delay in filing the enquiry report by the Inquiry Officer has not vitiated the proceeding or the report submitted by the Inquiry Officer. Whether a law enjoining an authority to do a certain thing is mandatory or not could be decided upon the conse..

Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1

Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)

....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185.         ......dash; Illegal dispossession by Government Officers— Government sold a property to the petitioner and thereafter dispossessed the petitioner from that peoperty--To enjoy protection of law and to be treated with law is the inalienable right guaranteed to every citizen under the Consti..

Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1

Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)

....ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120   ......ead such power by necessary implication when rights of others are involved--There being no delegation of power to the Vice-President the impugned order passed with his approval cannot be sustained in law. Lawyers Involved: Abdur Rab Chowdhury—For the Petitioner. M. Shohrab Ali,..

Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2

Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)

....ed in the notice published for the pur­pose of starting tea plantation on the lands thus leased out. The Tea Board itself was set up by the then Government of Pakistan in ac­cordance with the provisions of Order 46 of 1959 with Head quarter at Dacca and its pri­mary duty was to bring und......the Government was within its rights to take over possession of the tea garden and other movables of the petitioners- It is petitioners' inalienable right to enjoy the pro­tection of the law and to be treated in accordance with law, and in accordance with law as guaranteed under Article..

Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2

Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)

....and notified in the notice published for the purpose of starting tea plantation on the lands thus leased out, The Tea Board itself was set up by the then Government of Pakistan ID accordance with the provision of order 46 of 1959 with Headquarter as Dacca sod its primary duty was to bring under tea ...... General. 2. The petitioner in the Rule have although maintained that they had a valid lease for the Tea Garden in question and that it was taken over by the Government Illegally and without any lawful authority whereat the Government tried to make out a case in their affidavit in opposition th..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)

....dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......the son of Gour Majhi's brother Keroly Majhi. Nagar Mondal, son of Keroly Majhi married the daughter of one Hari Charan Mondal and lived in Hari Charan Mondal's house as a domesticated son-in-law. Nagar Mondal always lived in his father-in-law's house leaving behind the plaintiff as his ..

Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3

Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

....niority of Freedom Fighters) Rules, 1979 whereunder the respondent No. 4 was granted antedated seniority over the petitioners under the impugned order Annexure B, has been made in accordance with the provision of the Constitution of Bangladesh particularly with reference to the proviso to Article&nb......epublic provided that it shall be competent for the President to make rules regulating the appointment and conditions of service of such persons until provision in that behalf is made by or under any law, and rule so made shall have effect subject to the provision of any such law. From a careful rea..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....anything contained in any other law for the time being in force, no person shall, after the com­mencement of this Part, be entitled to purchase or otherwise acquire, except in accordance with the provisions of this part, any quantity of land which added to the total quantity of land already held......the Ap­pellate Division of this Court in the case of Akhtarun Nessa and another Vs. Habibullah & ors. reported in 31 D.L.R. (A.D) 88. Their Lordships of the Appellate Division have stated the law on the question as follows: "Any objection as to omission of neces­sary party must..

Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1

Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....anything contained in any other law for the time being in force, no person shall, after the commen­cement of this part, be entitled to pur­chase or otherwise, acquire, except in accordance with the provisions of this part, any quantity of land which added to the total quantity of land already held......ion of the Appellate Division of this Court in the case of Akhtarun Neesa and another Vs. Hobibullah & ors. reported in 31 DLR (AD) 88. Their Lord­ships of the Appellate Division have stated the law on the question as follows: "Any objection as to omission of neces­sary party must be taken ..

Category: Property Law | Date: 10 Dec, 1981 | Hits: 19

Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)

....e was never foreclosed and the plaintiff's right to redemption not debarred. So far as the right to redeem is concerned, a mortgage by a, conditional sale like other mortgages will be governed by provisions of the Transfer of Property Act…….. (14) It is clear that the redempti......on in the present case being that the mortgage deed, ext. 1, did not stand in the way of tenants being settled on the land, the tenant so settled whose interest in the land was well defined under the law, could not be evicted without recourse being had to the provisions of law applicable to the evic..

Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10

Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)

.... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51         ......ny occasions with a prayer for reconveyance of the suit land at agreed upon but was refused. Lastly in the month of Agrahayan 1374 B.S. the plaintiff served a notice, by a registered post through his lawyer, upon the defendants demanding the reconveyance on payment of the consideration money but als..

Category: Property Law | Date: 7 Dec, 1981 | Hits: 2

Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)

.... ob­servation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ......The petitioner also in the said letter was asked to submit his explanation if it is so desired. The petitioner again submitted his explanation stating that the enquiry was not held in accordance with law. Thereafter the Chief Engineer, respondent, No.2 by his letter dated 22-9-79 dismissed the petit..

Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2

Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)

.... and this should be done by a Committee consisting of the Judges of this Court, as was the prevailing practice before the present Bar Council Order came into force. Then, we have found in the order a provision, for a Legal Education Committee consisting of nine members which we were informed by the ......period of two years before he is eligible to practice before the High Court Division. From our experience both at the Bar and at the Bench we have found that this period of two years spent by a young lawyer in the Subordi­nate Courts to make himself eligible for prac­tice before this Divisio..

Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1

Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)

....ary is proved. Section 58 of the Sales of Goods Act is the only Section which gives relief for breach of contract to deliver specific or ascertained goods but that Section is subject to the provisions of chapter II of the Specific Relief Act. This Section mentions that the decree may be un......Civil Procedure (V of 1908). O.XLVII  r.6 Suit for specific performance - Court is to be guided by the principles laid down in chapter II of S.R. Act--Direction is such suit is regulated by law--The discretion is not wide enough to vary the terms of a contract without assigning good reason..

Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0

Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)

....ence pas­sed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16   ......o some matter of fact. The expression "may alter the finding'' clearly empowers the appellate court to consider the entire evidence against the accused appellant both as regards fact and law and to substitute its own finding…….(8) Cases Referred To- Imran Ullah V..

Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3