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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   ...... from its usual flow. It does not speak of any other condition. In the circumstances, the contention raised by Mr. Ansar Ali does not appear to be of substance. On a consideration of the materials on record, it appears that the two appeals filed before the learned District Judge are within time and ...... 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

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

....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.   ......ocate has relied on this decision specifically to substantiate his contention that the onus is upon the detaining authority u/s. 106 of the Evidence Act and they must bring the materials on record by way of affidavit. In that decision it was held relying on 21 D.L.R. (SC) 1 that the respon......nd his name is mentioned in the list of smugglers which was prepared by the Anti-Smuggling Committee of the Government of Bangladesh. In order to prevent him prejudicing the maintenance of supply and services essential to the life of the community the detention order was passed. In reply, it is stat..

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.     ......r. Md. Ibrahim, Addl. Sessions Judge, Dacca, recommending for setting aside the order dated 27.10.70 passed by Mr. M.A. Hye, S.D.O. (North) Dacca, in Case No. law of 1966. 2. It appears from the record that a proceeding under section 145 of the Code was drawn up by the learned Sub-div......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)

....antive law by which questions of this nature, relating to the right of pre-emption claimed under the terms of the Wajib-ul-arz, are governed. It is only on the broad principles of justice, equity and good conscience' that such question can be dealt with by the Courts. The right of pre-emption, t......nt by cutting earth and speeding an amount of Tk. 400/- and by constructing 4 huts for an amount of Tk. 300/- just after his purchase. 4. The learned Munsif, on consideration of the materials on record, refused the preemption holding inter alia that the pre-emptor No.1 is not a co-sharer in the......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)

....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. ......ddin Haji purchased the disputed land from Aftabuddin Sarkar for a sum of Rs. 50/- and got delivery of possession of the said land before C.S. operation and accordingly the name of Faizuddin Haji was recorded in the C.S. Khatian, that the story of usufructuary mortgage in respect of the disputed lan......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

Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)

....ditor firm obtained a money decree against the sons who were later on declared insolvent. In the meantime in 1933 the widow of Haralal Sahn applied for probate. The probate granted to her attracted a good deal of suspicions and the creditor filed an application for revocation in August, 1935 for pro......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

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....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       ......erely criticized this perfunctory nature of the discharge of function of a Statutory Body which has been invested with recommendation of making appropriately recommending order. Be that as it may the records of this case show, that the records were sent to the Board on 26-1-73 and a Enquiry Officer ...... against an order dated 11-4-73 passed by Mr. M. Rahman, Secretary, Establishment Division, Government of the People's Republic of Bangladesh, under P.O. 67 of 1972 intimating the dismissal, from service of the petitioner and the forfeiture of the house at 126, Gulshan Avenue, Dacca, under Artic..

Category: Property Law | Date: 27 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.   ......d to adduce any evidence in spite of the fact that several opportunities were allowed to it to do so, the Magistrate discharged the accused Abul Hossain Sana under section 253 of the Code, without recording any evidence, but holding, in the words of section 253, that the charge was groundless. T......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)

.... 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.   ......e instituted the suit. 4. The defdt. No.2 contested the suit by filing written statement. The case of the defdt. No. 2 was that the suit premises belonged to Babu Nikhil Chandra Kar and was duly recorded in his name during the last settlement operation. That the suit land has been declared enem......gnises the institution 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 th..

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.   ......cer carried cut the order of his superior officers and as a matter of fact no financial loss in fact occurred to the department. In support of his defense the petitioner also referred to the official records and examined the contractors concerned who could have proved that if there was any irregular......76 it has been stated, inter alia, that the petitioner Mr., A. Khalilullah, formerly Sub-Overseer cum-Sectional Officer, Jhenidah Building Sub-Division, under Building Division, Jessore (1), while in service under the Building Directorate of the Government of Bangladesh, was given the charge of supe..

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

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. ......According to the plaintiffs the disputed land appertaining to C.S. plot 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 sinc...... 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

Manager, Sonali Jute Mills Ltd Vs.Secretary, Sonali Jute Mills Workers Union, & others, 1977, 6 CLC (HCD)

....under or. 39, rule 1 and 2 C.P.C. The employer by filing written statement objected to the prayer and, inter alia, mentioned that finding no other alternative and also to keep the good relationship with the worker it was forced to sign 2 provisional agreements on 2-1-72 and 7-6-7......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. ..

Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3

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

....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.   ......being detained illegally and improperly. 3. The Additional Deputy Commissioner (General), Jessore has sworn the affidavit on behalf of the respondents and stated that he dealt with the files and records of this case and as such he was well conversant with the facts and circumstances of the case......expedient for ensuring the security, the public safety and interest and for protecting the economic life of Bangladesh, or for securing the maintenance of public order, or for maintaining supplies or services essential to the life of the community. (2) Without prejudice to the generality of the..

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

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

....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. ......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. ......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

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

....ng on business at Chittagong imported from Karachi 175 bales and 200 bales of cotton yarn both of Camel Brand count 20/1 (China origin) with leading mark "ARAG" and 25 cases of cotton piece goods with leading marks "H.T. ARAG MARKS CHITTAGONG" per "S.S. FIR-DAUSA" belon...... Panday, Advocate on-Record—For the Appellant. Md. Hafizullah, Advocate, instructed by Abdur Rab-II, Advocate-on-Record—For Respondent Nos.1 & 2. A. W. Mallik, Advocate on-record—For Respondent No.3. Ex-Parte. Respondent Nos.4 & 5. Civil Appeal No.19......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)

....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.     ......ding on them and there could be no adverse possession of the suit land by dint of the said patta at least as against the contesting defendants No. 1 and 6. 3. On consideration of the evidence on record both the Courts below came to a concurrent finding of fact that the plaintiff had acquired ri......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)

....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. ......hat the pre-emptor was aware of the transfer from before. 6. Both these cases were heard together and were disposed of by the same judgment. The trial court, on consideration of the materials on record was of the view that Misc. case No. 61 of 1969 at the instance of Abdul Hashim was not mainta...... Abdul Hashim the opposite party No. 4 therein on 7.3.69 and the Misc. case No. 61/69 having been filed on 15.5.69 was barred by limitation since the same was filed beyond two months from the date of service of notice in Misc. case No. 4/69. In that view of the matter the learned Munsif allowed the ..

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

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

....der the Code of Criminal Procedure. The petitioner was subsequently released on bail by the learned Sessions Judge. We feel that such highhandedness, if allowed to go unchecked will bring slur on the good name of the Government. The petitioner as the citizen of a free country is entitled Jo due prot......e petition as annexure E. The petitioner thereafter moved this court for quashing and obtained the present rule. 3. We have heard the learned Advocate in support of the rule and have perused the records of the case. The petitioner has been charged under sections 174 and 186of the......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

M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)

....d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......ns for rejecting the accounting year which the appellant used to maintain, but did not inter­fere with the order of the Appellate Assistant Commissioner. 4. The Income Tax Officer, after the records has been received back, made a fresh assessment on 18-10-58 for the accounting year ending o......ion of any evi­dence. If he finds any difficulty with regard to such acceptance he is to issue a notice, upon the assessee under sub-section (2) in such a circum­stance. In fact, it is on the service of such a notice only, a contentious proceeding for asses­sment is initiated. 12. T..

Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157

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

....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.   ......of 1898), and shall, for the purpose of appeal from a sentence passed by it, be deemed to be a Court of Session under that Code. "(4) No Court-fee shall be payable for filing, exhibiting or recording any document in or obtaining any document from the Court.” 7. Section 12&n......the time would run from the date of knowledge of the order and not from the date of ex parte order obtained by fraudulent suppression and the petitioner is entitled to get the benefit of extension of service under section 18 of the Limitation Act and also under the amended rule 13&nbs..

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