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Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......ion having been directly contravened.” 6. Mr. SS Halder, the learned Advocate appearing to support the impugned decree of the learned Subordinate judge does not dispute this proposition of law as to a sale held illegally, but he has submitted that the learned Subordinate judge himself did..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......on having been directly contravened.” 6. Mr. S S Halder, the learned Advocate appearing to support the impugned decree of the learned Subordinate judge does not dispute this proposition of law as to a sale held illegally, but he has submitted that the learned Subordinate judge himself did..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
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. ......the ship who had already entered appearance was alone competent to prosecute the present application under section 34 of the Arbitration Act. The Captain of the ship is recognized under the law as the agent of the ship owner. I, therefore, find no substance in the objections raised by the ..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 ......istrict Delegate passed certain orders and by the impugned order he refused to return the petition to the filing Advocate for presenting before the District judge who is the proper court according to law. 2. Mr. Md. Nurul Huq, the learned Advocate appearing in support of the Rule has placed the..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. ......72thekernedAdditionalSessionsJudge 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 th..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.
......ation that the order dated 22. 2. 66 of the Deputy Director of Public Instructions, Dacca Division, Dacca (defendant No. 2) terminating his service was void, invalid, illegal, ultra vires and without lawful authority and of not legal effect and that he was still in service of the Government.
2...
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.
......ant and his co-sharers in possession, the absent co-sharer having relinquished his interest in favour of the appellant and other co-sharers, and that the possession of the appellant therein was not unlawful. Respondent No.2, Additional Sub-divisional Officer, Brahmanbaria, rejected the contenti..
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. .......74 the pre-emptors could have on cause of action on 10.3.73 the day they filed this pre-emption application under section 96 of the State Acquisition Act as such the same is not maintainable in law. Mr. Hasib relied on series of decisions of this Court and .also of the Courts abroad, in suppor..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 ......ion 4 of the Civil Procedure Code does not limit or otherwise affect any special Law. In other words, the provisions of the Code of Civil Procedure which run counter to the special or local law are excluded. This section does not bar the applicability of the Code where special or local law..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. ......ndent No. 1 Assessing Officer, Narayanganj Range, demanding payment of Taka 80,165/- as Urban Immoveable Property Tax for the years 1957-58 to 1972-73 should not be declared to have been made without lawful authority and of no legal effect. The petitioner instead of filing separate applications impu..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. ......e Court to do so afterwards. The claim demanded to be set off must be legally recoverable from the plaintiff. The sum claimed as set-off which is; barred by limitation or barred under some other law cannot be deemed- to be legally recoverable. The payment of taxes and other dues to the loc..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. ......ction for any infringement to its right. Again, the Corporation having been brought on record as defendant No. 2. the competency of the plaintiff to sue through its manager could not be questioned in law. 6. Mr. Khandkar Mahbubuddin Ahmed, the learned Advocate appearing for defendant No.1, has ..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. ......already a minor. But the question is whether the order of the High Court Division made on the basis of such a defective application may be held to be without jurisdiction or can be held to be without lawful authority if the order was otherwise unexceptionable. It may be noticed that the pr..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. ......in question being presented on 9-3-77, even before the admission of the appeal and service of the notice upon the respondent, the cross-objection (filed on 9-3-77) is no cross-objection in the eye of law as contemplated under Order 41 Rule 22 of the Code of Civil procedure. The relevant po..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....yer for specific performance of the contract for sale. In a suit for title reported in A.I.R. 1952(Nag) 115, the alternative relief of specific performance of contract was granted. This was sought by amending the plaint. In the case before us no alternative relief by way of specific performance of c......tatement denying practically all the material allegations made in the plaint. He also challenged the suit on the ground of maintainability. He contended that the plain- tiff was engaged by him as his lawyer in connection with some suits and entrusted him with all his papers and documents including h..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. ...... Badrul Haider Chowdhury J. — This rule is directed as to show cause why the notice dated 16-8-76 issued by the respondent No.1 (Annexure A) should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceedings are follows..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 ......ict 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 necessary facts and relevant law. According to the learned Advocate, the two appeals were not barred by limitation inasmuch as th..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.
......os. 267/77, 352/77 and 213 of 1977.
Judgment
Badrul Haider Chowdhury J.— These three rules challenging the detention of the detenus have been heard analogously as a common question of law is involved and these three writ petitions are disposed by this judgment.
2. In Writ Petiti..
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. ......nafter 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. law of 1966. 2. It appears from the record that a proceeding under section 145 of the..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. ......o the learned Munsif, pre-emptor No. 2 by associating with himself a stranger to the case holding has forfeited his right of preemption. So, I find and hold that the Misc. case is not maintainable in law. 5. On appeal the learned District Judge reversed the decision of the trial court holding t..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
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