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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. ......the land from Aftabuddin Sarkar, the original owner of the disputed land, for a valuable consideration stood unrebutted, the learned Judges of the High Court Division committed a substantial error of law in shifting the onus of proof on the contesting defendants on a mistaken view that the said defe..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 ......hich respondent No.1 obtained the probate. It was alleged that the learned District Delegate acted illegally in granting the probate though the will in question was not proved and the requirements of law in this regard were not complied with. 3. Respondent No. 1 filed a written objection statin..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....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
......rvice of the petitioner and the forfeiture of the house at 126, Gulshan Avenue, Dacca, under Article 6 of P.O. 67 of 1972 and the order is challenged on the ground that the same has been made without lawful authority and of no legal effect.
2. The facts in brief are as follows:
The petitio..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
.... 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. ...... that there could be no capitalization of the profits from these trees for 20 years. In the instant case also the market value of the trees has been capitalized for 20 years. This is not permitted by law. The L. A. Court, however, did not specifically state the market value of the trees and the plan..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. ......er of revival of the case before the Sessions Judge who, however, refused to interfere. Then Abul Hossain Sana Moved the High Court which held the order of revival of the case to be justified in law. Against the order of the High Court, Abul Hossain Sana filed an appeal to the Supreme Court of..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. ......ra Kar, a pleader of Maulvibazar, who used to reside in the same with his family till death. After his death the residential house devolved upon his only son and heir Nikhil Chandra Kar, a practicing lawyer of Maulvibazar, who migrated to India in 1358 B. S. and has been residing there as an Indian ..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. ......dash;For the Respondent No.1& 2. Writ Petition Nos. 351 & 359 of 1976. Judgment Ruhul Islam J.–These two applications were heard analogously as same questions of fact and law are involved, and the same are being disposed of by this judgment. 2. In Writ Petition No. ..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 ......ani—For Respondent No. 2 (In 201, 209). Writ Petition Nos. 201, 209 and 211 of 1977. Judgment Rnhul Islam J.-These three applications were heard analogously as common question of law is involved therein. In Writ Petition No. 201 of 1977 the petitioner was declared elected as Cha..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. ......of the trial Court and dismissed the suit holding inter alia that the plaintiffs have "no easement right over the suit land and as such their claim for permanent injunction is not sustainable in law. The learned Subordinate Judge appears to have directed his attention to the oral evidence adduc..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. ...... The Code of Civil Procedure, 1908 (Act No. V of 1908), section 151; Order 9, rule 4 A client shall not suffer because of negligence and enigmatic conduct of its agent lawyer for the ends of justice...............(8) Cases Referred to- The Sind Tan..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.
......ing the production of documents and material objects; and
(c) issuing commissions for the examination of witnesses or documents.
4. Mr. Asrarul Hossain contended that by adding a fiction of law by the expression "deemed" the Labor Court has been given of necessity the powers of e..
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. ...... its orders can not be deemed to be decrees of a Civil Court amenable to challenge under the Code of Civil Procedure. Mr. M. Behtar Ali, the learned Advocate failed to point out any provision of law which shows that the ex parte orders of the Commissioner for Workmen's Compensation can he c..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ...... the goods, and in addition shall also be liable if The Magistrate in his discretion so orders, to the punishment of whipping.” Item 81 reads as follows: “If any person, without lawful excuse, the proof of which shall be on such person, acquires possession of or is in any way c..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....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.
...... Powers Rules in justification of passing of the order of detention which, however, does not confer any such power on such authority. It is stated further that the detention is not in accordance with law and therefore, he is being detained illegally and improperly.
3. The Additional Deputy Comm..
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. ......under the provisions of the Rent Control Ordinance the petitioner could hot be adjusted a defaulter and the agreement of the tenancy being inadmissible in evidence and also null and void according to law, the Courts below were wrong in relying upon the previsions of the said deed of agreement for th..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....sult, the rule is discharged without any order as to costs.
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
......tive bargaining agent of the affected workers, filed the petition under Article 102 of the Constitution for a declaration that the impugned order of the General Manager was made without any lawful authority
3. The petition has been resisted by the respondents on a preliminary ground t..
Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
....ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
......s that the period of lease of an enemy property shall not be more than a year at a time. The Sub-Divisional Officer of course did not specify the period of lease but in view of specific provisions of law it cannot exceed one year at a time. This order therefore is modified to the extent that the lea..
Category: Property Law | Date: 10 Jun, 1977 | Hits: 2
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ......bmitted final report in respect of the petitioner and there being neither any police report nor any incriminating material implicating the petitioner, the Special Tribunal acted illegally and without lawful authority in passing the impugned order. 5. Mr. Mujibar Rahman, the learned Advocate app..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....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. ......nor defendants No.3 and 4 challenged the survey reports in the written statement, though in the plaint every important particular thereof was mentioned. But at the time of trial the learned lawyer for defendants No.1 and 2 halfheartedly put some questions to the witnesses of these rep..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. ......inding with regard to the plaintiffs, title in the suit land by dint of the patta executed in favor of the plaintiffs predecessor by the mother and aunt of contesting defendants. The only question of law raised in this case is as to whether the plaintiffs had acquired any right, title and interest i..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
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