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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. ......eject the plaintiff's claim to this extent. 16. Mr. Rafiqul Huq has contended that even if there had been a contract for sale the contract is not valid on the ground of undue influence and unquestionable bargaining on the part of the plaintiff. He has referred to the relationship between th......ourt reported in 17 DLR 15 wherein it has been observed that though admission is a strong evidence against its maker, nevertheless, he may show that the admission was erroneous Or based on mistake of facts. But in absence of the context in which the alleged admission was made we are not given much i..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. ...... the highest offer was only to the tune of Tk. 20 lacs and as such the Pourashava had abandoned it. Then again on 28-5-76 there was sealed tender and the respondent No. 4 got the lease of the post in question on 1-9-76. The respondent No. 4 took the lease for Tk. 22 lacs, 51 thousand. It is further ......id amount totaling Tk. 85,620/- with demand of compensation or for such other or further order or orders passed as to this court may seem fit and proper. 9. This prayer directly emerges from the facts and therefore tenable. Facts are (a) the petitioner participated in an auction bid, (b) as a p..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 ......ds that the petitioner is not entitled to the benefit of both namely, the Presidential Order No. 12 of 1972 and section 12 of the Limitation Act. According to him, the Presidential Order in question prescribed a limitation by excluding a period referred to therein and as such was a Special......t 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 necessary facts and relevant law. According to the learned Advocate, the two appeals were not barred by limita..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.
......t Petition Nos. 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......t:
“Apart from the question as to how far smuggling activities could be covered by the provisions of rule 32, it seems that the detaining authority has not properly applied its mind to the facts of the case.”
With respect we are in full agreement with this judgment but this dec..
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. ......ped two courses are possible. One is to order release of the property from the attachment without directing delivery to either party and the other is to order that attachment shall continue until the question of title has been decided by the Civil Court. The Magistrate by his impugned order dated 27......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. ......tors had no knowledge prior to 9.5.72 and accordingly the application having been filed on 13. 5. 72. "is well within the time from the date of knowledge of the petitioners about the transfer in question. Hence, I find that the application is not barred by limitation". On the question of i...... he has referred to case of Bhawani Prasad Vs. Damru, I.L.R. 5, Allahabad, 197. In this case, pre-emption was prayed for under the Mohammadan Law on the basis of transfer made under Wajib-ul-arz. The facts of this case are distinguishable. The transfer was made in respect of certain village properti..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. ...... of the tenancy was stated to be that of a settled raiyat and the remark in the column for rent was that it was assessable to rent but no amount of rent was mentioned as there was no transaction. The question which has been debated is whether from such entries a presumption to the title or the ...... dates of their final publication. Whether the presumption of correctness of the entries in the particular record of right has been rebutted or not shall have to be decided with reference to the facts and circumstances in each case. The later record of right will merely show that the plaintiff&..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 ......rayed for attaching the property in respect of which 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. R......ed before the grant of probate he had no locus standi to pray for revocation of the probate. He has cited the case of Md. Abdul Jalil Vs. Surendra Nath in 21 DLR 331. He has also pointed out that the facts in the present case are distinguishable from the facts reported in the case cited by the learn..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
......s than Rs. 2, 00000.00 (two lacs) as estimated by the Special Committee and mentioned "finding of the committee dated 15-1-70 discusses everything in details and on enquiry nothing appears to be questionable'. This report was considered by the Board on 28-2-73 and it recommended for the sus......se 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 petitioner was an Executive Engineer, Dacca-Aricha Highway P..
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. ......r market value at the relevant time. In support of this contention he has relied on a recent decision of the Supreme Court in Bangladesh Vs. Abdul Mannan, (1977) 29 D.L.R. (S.C.) 17. In that case the question of compensation for trees standing on a land acquired under the T.I. Act came up for consid...... 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. ..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. ...... police on re-investigation of the case. He was arrested after submission of charge sheet against him and his prayer for bail having been refused, he was taken into custody. There was apparently no question of discharge of the appellant from custody or from the case. One Rahmat Ali who was arres......ction 209(2) or under section 253 of the Code and as such the said order was to be set aside by a higher Court. But the High Court Division summarily rejected the said petition holding that on the facts and circumstances under which the final report was submitted and the order of discharge was p..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. ......the husband of the plaintiff was the proforma defendant in the suit. The only point involved in this appeal is whether the Plff. has any protected right of possession for residence in the premises in question or her possession therein comes within the mischief of 5(1) (a) of the then East Pakistan E...... contended that the Appellate Court below has misconstrued and misinterpreted the provision of the then East Pakistan Enemy Property (Land and Building) Administration and Disposal Order, 1966 in the facts and circumstances of the case; which has seriously affected the merit of the decision leading ..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)
....egally and without any lawful authority in passing the impugned order punishing the petitioner for the second time on the selfsame charges. 4. In Writ Petition No. 369 of 1976 facts being almost identical with those in Writ Petition No. 351 of 1976, the same need not be stated here. In this cas......aziShafiuddin A.A.G.—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.......the aforesaid order of removal the petitioner made a representation before the President of the People's Republic of Bangladesh praying for justice but no reply was given to him. 3. On these facts the petitioner submitted that he having once been proceeded with for the alleged offence in ac..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
.... (Election) Rules, 1976 Rule 48 corresponds to Rule 61A of the Union Parishad and Paurashava (Electron) Rules, 1973. Similarly, rule 49 corresponds to rule 61 B of the said Rules. Rules 48 and 49 are identical to Rules 61A and 61B. In the case reported in 29 D.L.R.I 11, the question raised before us....... Golam Rabbani—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 el......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 ..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. ......e of a customary right of easement. Neither there is any proper pleading nor there is any evidence in that behalf. In support of his conclusion the learned Munsif appears to have overlooked the vital question in the suit and he had granted a decree infavour of plaintiffs. The learned Subordinate Jud......t injunction against the defendant restraining them from interfering with the easement right claimed in respect of the suit land. 2. The suit was contested by the defendants denying the material facts. According to the defendants the suit land belonged to ex-landlord in khas. Although it was pr..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. ......the 2nd Court, Bakerganj in Miscellaneous Case No.21 of 1973 filed 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 t..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.
......inal approval of the BJMC. It was also pointed out that the workers union had agreed to refund the additional money in case BJMC disapproved of such payment. Now BJMC has disapproved the agreement in question and instructed to stop the additional payment as per provisional agreement and also directe......cause that would mean payment of few lacs of taka to the workers and prayed for vacating the ad-interim order that was granted by the Court on 25-7-73. The learned Labor Court on consideration of the facts and circumstances of the case came to the conclusion that the workers union, the first party, ..
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. ......iscellaneous case for default, against which the present appeal has been filed. Mr. M. Behtar Ali, the learned Advocate has appeared in this appeal for the appellant. This appeal raised the question as to whether an application under Order 9, rule 13 is maintainable in a case whe......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. ..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. ......a, who, however, rejected the revisional application preferred by the Government. Subsequent to that the Assistant Collector of Customs of Excise, Division I passed an order of seizure of the gold in question to the State under section 167(8-B) and 167(81) of the Sea Customs Act ......or declaration that the judgment and order dated 28.7.73 passed by Mr. K. A. Hossain, Assistant Collector, Customs and Excise, Division J, is void, illegal and without jurisdiction. 2. The short facts are that the petitioner was tried before a Magistrate 1st class, Dacca in case No. 1696a 1/67 ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
.... the police 'reasonably suspect' and in rule 32 it was 'satisfaction' of the detaining authority.
9. Cornelius, C.J. further found that terms of Defense of Pakistan Rules were in identical language of the Defense of India Rules framed under Defense of India Act, 1939. Rule 26 of...... not applied its mind and, therefore, the detention is illegal and the detenu is improperly detained. Further, the detaining authority must show the materials which led to the passing of the order in question. Lastly, Mr. Huq has contended that the order of detention must give indication as to which......eputy 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; He admitted that the detenu had been practising as local Kabira..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
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