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Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....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. ......buddin Ahmed with K. Z. Alam and Shah Abu Nayeem -For defendants Nos. 1, 2 and 3- Petitioners. Syed Ishtiaq Ahmed with Rafiq-ul-Huq, and FazlulHaque-For the Plaintiff. M. Fazlul Karim—for Chittagong Port Authority. Admiralty Suit No. 2 of 1977. In the matter of An applicati......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. ......Thalassini and others.....................Defendants Judgment December 20, 1977. Result: The 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 Ben..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......Civil Revifional Jurisdiction. - This rule is directed against the orders dated 25-4-77 and 7-5, 77 of the District Delegate in Misc. Case No.656/75. The Opposite Parties 1 and 2 filed an application for revocation of the probate granted by the District Delegate in Misc. Case No. 120 of 1969 on 15-4......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ..............Opposite parties Judgment December 15, 1977. Result: The rule is made absolute. Cases Referred to- Kailash Chandra Vs Nanda Kumar A.I.R. 1944 Calcutta 385. Lawyers Involved: Kailash Chandra Vs. Nanda Kumar, AIR 1944 Cal. 385 5. Md. NurulHuq with ..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....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. ......alSessionsJudge and Ex-officio Special Judge granted bail to the petitioner No.3 or a bail bond of Rs. 2,000/-supported by two surety bonds one from local surety and another from a lawyer surety each for a sum of Rs. 2000/- each for a sum of Rs. 2,000/-. The allegations against the petitioner No.3 i......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. ......s. Emperor A.I.R. 1929; Tarini Yadab and another Vs. The State A.I.R. 1962 Patna page 431; Wilayat Hossain Vs. The State 20 D.L.R. (W.P.) page 4; Golam Kader Vs. The State 22 D.L.R. (W. P.) 268. Lawyers Involved: Chowdhury Jahanara—For Petitioners. Kazi Abdul Wahab—For St..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
....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.
...... Appeal No. 79 of 1970.
Judgment
M. H. Rahman J.—This is a second appeal. The appellant, Md. Abdur Rasheed, filed Title Suit No. 36 in the Court of Subordinate Judge, 1st Court, Dacca for a declaration that the order dated 22. 2. 66 of the Deputy Director of Public Instructions, Dacc......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.
......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.
Lawyers Involved:
M.G. Bhuiyan, Nurunnabi Khan—For the Appellant.
Sultan Ahmad, Depu..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....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.
......perties, which stood in the name of one Paresh Chandra Bardhan, on the basis of valid documents, that certain other lands standing in the name of Chittotosh Bardhan were debutter properties dedicated for the worship of the ancestral family deity of the appellant, who, being the eldest member of the ......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.
......Pakistan, (1971) 23 DLR 108; Ananda Mohan Kundu and others Vs. Province of East Pakistan, (1968) 20 DLR 976 980; Watson and Company Vs. Ramchand Dutta and others, LR 17 IA 110: I.L.R. 18 Cal.10.
Lawyers Involved:
B. N. Chowdhhury, Advocate with S.C. Das Advocate, instructed by A Rab-II, Ad..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....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. ......further case is that the purchaser is an stranger and the case land was transferred secretly and without any knowledge of the co-sharer pre emptors. The case land is vitally and essentially necessary for their use and occupation and they being co-sharer tenants by inheritance are legally entitled to......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. .......R. (S.C) 169; Bangladesh Vs. Md. ShamsulHuq and others (FMA. 356/76);Labhu Ram Vs. Ram Pratab and others, AIR. 1944 (Lahore) 76; Sm. Nripjit Kaur Vs. Sardar Satinder Singh AIR. 1955 (Punj) 190. Lawyers Involved: A. Hasib-For the Petitioner Md. Hannan-For Opposite Parties No.1 and 2 ..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... 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 ......-Agricultural Tenancy Act, 1949, should not be set aside. These Rules are disposed of by this judgment. 2. One Md. Khorshed Ali as pre-emptor, on or about 20th December, 1973, filed applications for pre-emption under section 24 of the Non-Agricultural Tenancy Act 1949 against the purc...... 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 ......s. Farman Ali Mirdha & another 4 D.L.R. 621; Kafiluddin Chowdhury Vs. Dr. Abdus Sattar, 20 D.L.R (Dacca) 122; Mihiralal & Mihilal Dig Vs. Panchkarl Santra & ors. 54 C.W. N. 637 Lawyers Involved: Md. Abdur Rouf with Sharifuddin Chaklader-For the Petitioners (In a..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....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. ......of 1973. In the matter of: Notice being process No.3823 dated 18.5.73 issued by the Assessing Officer, Narayanganj Range, Narayanganj demanding payment of purported Urban Immoveable Property Taxfor the years 1957-58 to 1972-73. Judgment Ruhul Islam CJ.—This Rule Nisi was issued......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. ....... 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 Md. Joynal Abedin, and Mozammel Haque Khan, Advocates&mdas..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....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. ......evision No. 345 of 1975 is discharged Other is disposed of. Order 41 rule 23, 24 & 25 of the Code of Civil Procedure, 1908 Evidence on record is sufficient— No need for Remand Where the evidence on record is sufficient the appellate Court is competent to deter......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. ......id in the first instance. The discretion has given to the Court to allow Court fees to be paid at any stage by the person by whom such fee is payable…………… (24) Lawyers Involved: B.N. Chowdhury—For the Appellant. Tajibul Huq—For the Respo..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)
.... 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. ......have arisen out of the order dated 20.4.77 passed by Mr. Anisul Haque Choudhury, Additional District Judge, Special Court No. 2, Dacca in Title Suit No. 4 of 1977 rejecting the plaintiff's prayer for temporary injunction and the plaint. They have been heard together and this judgment will dispos...... 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. ......ppeals.) Judgment August 23, 1977. Result: The petition is dismissed. Cases Referred to- Chowmuhani College Vs. Ismail (1974) 26 DLRr 10; R. Johnstone Vs. Archibald Law Report (AC) Vol. 7 Pak. 219; Full Wood Vs. Chancery Div. Vol. IX, 176; M/s. Pharmapak Vs. Dy. Re..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
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. ......e respondent, without issuing a Rule upon the appellant, 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. ......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. ......ul Samad and others (1975) 27 DLR 31; Darogaii Sheikh and ors. Vs. Milatannessa Bibi and others (1976) 28 DLR 9; S.M. Yousuf and another Vs. Khandker Hafizur Rahman and others (1974) 26 DLR 124. Lawyers Involved: SR Pal, Senior Advocate, with S.C. Das, Advocate, instructed by B.C. Pan..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....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. ...... section 7(aa) of 15-11-72 showing the final assessment of compensation the respondents have filed the above Arbitration Case No. 1833 alleging amongst others that they moved the Government for higher amount of compensation for land, structure and other acquired properties but the Governme......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. ...... Cases Referred to- Labhu Ram Vs. Ram Protap, AIR 1944 Lah. 76; S M. Nripjit Ram Vs. Sardar Satinder Singh, AIR 1955 Pun. 190; Dasulal Bhagchand Lal Vs. Narayan Mahadeo AIR 1937 Nag. 105. Lawyers Involved: Sultan Ahmed, D.A.G.—For the Appellant. Abdur Rashid Gazi—F..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....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. ......nt and decree dated 12.6.76 of the Subordinate Judge, 3rd Court, Chittagong 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 ma......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. ......………………Respondent Judgment August 18, 1977. Result: Both the appeals are allowed. Case Referred To- A.I.R. (SC) 1968, 147. Lawyers Involved: Rafiqul Huq with T. Islam—For Appellant (In F.A.No.16 of 1977). Sy..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....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. ...... follows:- The Chittagong Paurashava by a notice in the newspaper published that there would be an open auction of as many as 11 Pourashava Octroi posts, namely, Group 'A' Jo 'K' for leasing out the said octroi posts on yearly basis to the highest auction bidders for period begi......ted him to show cause within 3 days of the receipt of the said Memo. As to why the losses accrued to the pourashava due to the surrender would not be realized from the petitioner and why action under Martial Law Regulation should not be taken against him for his failure to pay the security deposit o......August 17, 1977. Result: The rule is made absolute. Cases Referred To- State of Madhya Pradesh Vs. Bhailal Bhai. AIR 1964 (SC) 1006 A.I.R. 1961 (SC) 41; A.I.R 1962 (SC) 1320. Lawyers Involved: T. H. Khan with A. Taher Choudhury—For the petitioner. M.M. Haque&..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 ......sion No.712 and 713 of 1973. Judgment Ranadhir Sen J.-These two Rules are directed against two orders of the learned District Judge in respect of two appeals arising out of two applications for pre-emption under section 96 of the State Acquisition and Tenancy Act. The petiti...... 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 ...... distinguishable. The case of Barada Prasanna Lod and others Vs. Kobbad Mia 13 DLR 765 South India Corporation (B) Ltd. Vs. Secretary, Board of Revenue, Trivandrum and another AIR 1964 (SC) 207. Lawyers Involved: Golam Rabbani—For the Petitioner. Md. Ansar Ali—For the Opposite ..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
....nt after the fourth constitutional amendment and that emergency is still continuing. Added to it, a proclamation was made on 20th August, 1975 declaring Martial Law and the country is still under the Proclamations of 28th August and 8th November, 1975. The Emergency which was proclaimed in January 1......s. Anwara Begum. It is stated that the detenu is detained by an order dated 23-3-77 under rule 5(1)(a) of the Emergency Powers Rules, 1975 (Annexure-A). It is further stated that there is no material for which the detaining authority could pass the order of detention and it is stated that the detenu......actor and it has been proclaimed by the President after the fourth constitutional amendment and that emergency is still continuing. Added to it, a proclamation was made on 20th August, 1975 declaring Martial Law and the country is still under the Proclamations of 28th August and 8th November, 1975. ......; Arun Kumar Vs. State of West Bengal; Brozan Vs. State of West Benga; Bhimsen Vs. Union of India, A.I.R. 1951 (SC) 481; Kripa Shindu Hazra Vs. Bangladesh Govt. in Criminal Misc. Case No. 69/77.
Lawyers involved:
K.Z. Alam with Latifur Rahman—For the petitioner (In the three petition..
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. ......howdhury J.- This is a reference under section 438 of the Code of Criminal Procedure (hereinafter referred to as the Code) made by Mr. 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.......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. ....... Cases Referred to- Shahzada Daljit Singh vs. Mian Taj Singh A.I.R. 1939, Cud, 284; Netesa Naicken Vs. Raghavachari and others in A.I.R. 1925 Madras, 327;Ngathan Vs. Emperor in 15 Criminal Law Journal 555) Lawyers Involved: M. B. Rahman—In support of the Referen..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. ......Tenancy Act is a statutory right and is to be exercised within the scope of the statute itself. There is no embargo in the State Acquisition and Tenancy Act that the right of pre- emption shall stand forfeited if a disqualified person is joined with the pre-emptor in an application for pre-emption&h......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. ......bdul Malek Laskar Vs. Begum Tayabnnnessa and others, (1966) 18 D.L.R. 18; Babul Haque Vs. Laljan Bibi and others, (1958) 10 D.L.R. 34; Diam Hossain Vs. Haran Das Namasudra, P.L.D. 1962 Dac. 458. Lawyers Involved: Abu Taker Chowdhury—For the petitioner. Md. Ansar Ali–For o..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. ......charya J. - This appeal by special leave 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......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. ..................Respondents Judgment August 3, 1977. Result: This appeal is allowed. Cases Referred to- Dakas Khan Vs. Ghulam Khan Qasim I.L.R. 45 Cal 793 28 C L.J. 441 Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, Mozammel Huq Khan, Advocate, instructed..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 ......District Judge, Barisal in Misc. Case No. 4 of 1970 arising out of probate cast No. 17 of 1968 there 2. The appellant filed an application under section 263 of the Succession Act, 1925 for revocation of the probate granted on 28-4-61. In that application it was stated that respondent ......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 ...... July 29, 1977. Result: The appeal is dismissed. Cases Referred to- Sarala Sundari Vs. Dina Bandho Roy, AIR 1944 (PC) 11. Md. Abdul Jalil Vs. Surendra Nath in 21 DLR 331. Lawyers Involved: M.A. Rouf-For the Petitioner Khondker Mahbubuddin Ahmed with M..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
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