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Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....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. ...... was otherwise a good order under section 115 of the Code. 8. The next point to be considered is whether the High Court Division was within its powers to set aside an ex parte decree in the absence of the decree-holder without giving him an opportunity of being heard in support of the said......e learned Judges of the High Court Division were right in setting aside the said order of the learned Subordinate Judge as well as the order of dismissal of the appeal in exercise of their revisional jurisdiction. 7. It is clear from the application for substitution filed on 88-74 in Other..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....nd, income towards house rent at the rate of Tk. 180/- per month for 10 years on 14 acres of land, over and above the claim for other produces. He also claimed statutory compensation at 15%. Thus the total claim of compensation came to Tk. 3, 97,794/- Government contested the case by filing wri......d any evidence whatsoever nor produced any material either before the learned Arbitrator or before this Court showing reduction of the said rate by way of any appeal or otherwise against them. In the absence of any evidence from the Government side and also of any contrary decision of the referred A......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)
....d along with the petrol-pump agency thereon for a consideration of Tk. 83,000/-. The proposal was finalized on 3.3.72 in the F.I.D.C. Rest House at Chittagong and an amount of Tk. 20,000/- out of the total consideration of Tk. 83,000/- was paid by the plaintiff to defendant No.1 on that occasion aga......urant of defendant No.1 at Tk. 30,000/- out of which he paid Tk. 10,000/- for payment of arrear rent for the suit land. K. A. Qureshi also looked after the petrol pump agency of defendant No.1 in his absence. He got a Power of Attorney Ext. 7, from defendant No. 1. In these circumstances it is rathe......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)
....5 and Tk. 305 should not be declared to have been issued and done without any lawful authority and are of no legal effect and why the respondent No. 1 should not be directed to refund the said amount totaling Tk. 85,620/- with demand of compensation or for such other or further order or orders passe......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. ......espondents to refund an amount of Tk. 85,620/- with damage or compensation. It is now well settled that when in exercise of purported power certain action is taken, this court in the exercise of writ jurisdiction can take corrective measure by setting aside and if needed be it can pass further order..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
.... 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 ......rict Judge. 3. Mr. Golam Rabbani the learned Advocate appearing in support of the Rules contends that the learned District Judge acted illegally and with material irregularity in the exercise of jurisdiction in holding that the appeals are barred by limitation without applying mind to the neces..Category: Property Law | Date: 15 Aug, 1977 | Hits: 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.
......
65. Argument was advanced that there is no time-limit in the detention order and observation has been made in 29 D.L.R. 187 that a person cannot be kept under detention for indefinite period in the absence of any specific case against him. Preventive detention, as we have stated in the beginning p......cutive to decide which course to follow but the law does not authorize to follow both simultaneously, (3) the antecedents of the detenu will be relevant in coming to the question of exercising of the jurisdiction honestly to be satisfied for detention and reports of the agencies whose duty is to col..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)
....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. ......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)
....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. ......re-emptee is stranger to the holding. No notice of the transfer was served upon the pre-emptors. The pre-emptee erected a hut, took possession in 2 cowsheds of the pre-emptor No. 2 on 9. 5. 72 in his absence giving out that he purchased the disputed l and Pre-emptors came to know of the alleged tran......application of law governing the question. In the circumstances, Mr. Chowdhury has failed to point out that the learned District Judge acted illegally or with material irregularity in the exercise of jurisdiction in making the impugned order. Accordingly, no interference is called for in revision. ..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
.... 18. On the question of possession the learned Judges referred to the evidence of defence witnesses on whom the Court of appeal below placed its reliance and expressed the view that the said Court totally overlooked the fact that the evidence of possession given by the said witnesses was in favou......fer, whether by a registered deed or otherwise, was subject to the consent of the landlord but for which the purchaser's right of tenancy was not entitled to be recognised by the landlord. In the absence of such consent the purchase was not binding upon the landlord although it was binding upon ......ce of P.Ws. who were incompetent and interested persons, could not be believed and having accepted that of the D.Ws as reliable, the learned Judges of the High Court Division exceeded their jurisdiction, conferred by section 100 of the Code of Civil Procedure, in interfering with the ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ......d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ......d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....th the charge sheet annexure 'B' dated 6-3-73 and was asked to show cause why he should not be recommended for dismissal from service with forfeiture of properties. The charge sheet shows the total assets of the petitioner as Rs. 2,73,415.00 and the net income was 84,986.98 Therefore, the ex......de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......hasis again is given in sub-rule (4) "after further enquiry' the Board shall determine if there are materials that the servant concerned is prima facie guilty. Foundation for the exercise of jurisdiction must be laid first by resorting to the provision of rules 1, 2 and 3 then sub-rule 4 co..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
....ged on the compensation, It appears from the award that there were 8 big trees and 66 plants on the land acquired. Value of the trees was fixed at Tk. 2,800.00 and that of the plants at Tk. 1,965 the total being Tk. 4,765.00 by capitalization for a period of 20 years. Mr. Sultan Ahmed has contended ...... 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. ......, therefore, to treat the two enactments as one and where there are over lapping provisions, the special or particular will exclude the general. In this view, the provisions of power, procedure, jurisdiction and appeal of the Land Acquisition Act shall apply in such cases. Under section 54..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....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. ......ised once. The jurisdiction which the Code granted to the Magistrate by sections 252 & 253, having been exhausted it is for him who invokes a power of revival to establish such power. In the absence of a specific provision, the power shall be presumed not to exist." 6. From the j......the Magistrate reviving the proceedings. Mr. Maksudur Rahman relied upon the following observation of the Supreme Court: "When a Magistrate passes on order of discharge he exhausts his jurisdiction so far as proceedings before him are concerned. Under the Criminal Procedure Code a M..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)
.... 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. ...... 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. ...... 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)
....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. ......nd any provision in the President's Order No.67 of 1972 enabling the Board to draw up proceeding sue mote in respect of a government servant against whom case has already been disposed of. In the absence of clear provision in the statute we find it difficult Jo accept the contention that the Pre......as already been completed, and disposed of to the satisfaction of the authority concerned, the proceeding drawn up by the Second Screening Board against the petitioners was wholly illegal and without jurisdiction. In support of this contention the learned Advocate referred to the relevant provisions..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
....de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......bunals are not competent to grant injunction under Order 39 of the Code of Civil Procedure. In that view of the matter we hold that the Election Tribunals in the instant cases acted without jurisdiction in granting temporary injunction either under Order 39 Rule 1 or under sectio..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)
.... 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. ......ppeal below is not a proper judgment of reversal. 6. Mr. Anser Ali, the learned Advocate appearing for the respondent has raised a preliminary objection that the suit was not maintainable in the absence of permission of the Court to sue as representative under Order 1, rule 8 of the C...... 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)
.... 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. ...... 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. ......d under Order 9, rule 4 read with section 151 of the Code of Civil Procedure. 2. In this Rule we think it necessary to detail the facts because we intend not to interfere, in the exercise of our jurisdiction under section 115 of the Code, which is discretionary, with the order passed by the lea..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
....ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
......ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
...... manner as may be prescribed and a copy thereof has been sent to Provincial Government the Conciliator and such other person as may be prescribed". In this view of the matter the exercise of the jurisdiction of the Labor Court under section 36 was unwarranted inasmuch as it was not ex..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)
....not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ......not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ......not a court under the Code and the order of the Commissioner is not a decree. Reference may be made in this connection to section 19 of the said Act, sub-section (2) of which has barred the jurisdiction of Civil Courts to settle, decide or deal with any question which is by or under this a..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
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