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Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)
....ute. Tahsilder of Vested and Non resident Property Cell is not a public servant holding whole-time office of profit so as to come within the mischief of Article 9 (2)(e) of the Local Government Ordinance and thereby disqualified to become Chairman. Lawyers Involved: Khondk......hury-For the Respondent No. 2 Writ Petition No.111 of 1978. Judgment Shahabuddin Ahms J.- This rule under Article 102 of the Constitution calls in question the legality of an order dated 31-1-78 of the Election Tribunal and Munsif, 6th Court, Barisal setting aside the petiti..Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......on No. 346 of 1978. Judgment Mohammad Habibur Rahnnan J.- This revisional application under section 435 and 439 of the Code of Criminal Procedure is directed against the order passed by Mr. S.N.I. Akbari, District Magistrate, Bakerganj on 29-12-77 under section 13&..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......on No. 346 of 1978. Judgment Mohammad Habibur Rahnnan J.- This revisional application under section 435 and 439 of the Code of Criminal Procedure is directed against the order passed by Mr. S.N.I. Akbari, District Magistrate, Bakerganj on 29-12-77 under section 13&..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
....referred to the case of Jamila Khatun Chpudhury Vs. Mahamud Khatun Choudhury, AIR 1918 Cal. 192. In that case the defendant, a mortgagee in possession of a share in a taluk, had undertaken to pay the Government revenue, but made default in payment of the revenue, and the taluk was sold for arrears o...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....Referred To- Union of India V.T.R Varma, AIR 1957 (SC) 882 (885); State of Mysore and others Vs. Shivabasappa Makapur, AIR 1963 (SC) 375 (377); Board of Education Vs. Rice, 1911 AD 179 (182); Government Board Vs. Arlidge 1915 AC 120; Abdul Kashem Vs. Bangladesh, (C A. No. 138 of 1977). ......rom the Judgment and Order dated 27-5-1977, passed by the High Court in Writ Petition No. 141 of 1976. Judgment KM Subhan J.- This appeal by the Government arises out of a judgment, and order passed by the High Court in Writ Petition No.141 of 1976. The respondent, an Electrical ..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
.... the Mill authorities powers to give any promotion or financial benefits to employees of the Mills and has hit the Manager's orders giving these promotions and benefits, and the other is that the Government of Bangladesh, by an order dated 27-3-72, cancelled all promotions, increments and allowa......al Manager with effect from 11 74 (sic) "in recognition of their sincere services". But on a direction from the Textile Mills Corporation (briefly the Corporation) the General Manager by an order dated 25-6-74 cancelled all the promotions and increments whereupon the respondents filed two ..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
....d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424. ....... Sattar—For Opposite Party. Civil Revision No.1007 of 1974. Order Ranadhir Sen J.-This Rule at the instance of one of the heirs of the deceased plaintiffs is directed against an order of the learned Munsif refusing, to make the preliminary decree final on the ground that the ap..Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
....to defendant No. 1 and the plaintiff procured the same from defendants. Nos. 2 and 3 through Moslem Ali. Defendant No. 1 got the suit land recorded in his name inspite of objection by Moslem Ali. The Government acquired some of the excess lands of defendant No. 1 including the suit land,-but defenda......release and she was not bound by it.
15. Mr. Gafur has contended that in view of the fact that the suit land was released by the .Government after an objection by defendant No. 1 and the release order did not ensure to the benefit of the plaintiff and defendants Nos. 2 and 3, the suit was not m..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....bsp;510 of the Code of Criminal Procedure reads as follows:- “510. Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to the Government, upon any matter or thing duly submitted to him for examination or analysis and report in......Mostafa Kamal—For the Appellant. Humayun Habibur Rasul—For the State. Criminal Appeal No. 443 of 1969. Judgment Abdur Rahman Chowdhury. - This appeal arises out of an order of conviction under Section 302 read with Section 34 of the Penal Code sen..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
.... a person subject to military law to seeking any election, such as the Presidential election. But this bar is found to have been withdrawn by an amendment in Regulation No.293 (A brought about by the Government of Bangladeshby an order dated 28-4-78 (Annexure-B) published in the Bangladesh Gaze...... Abdul Wadud Bhuiya—For the Respondents. Wilt Petition No. 405 of 1978. Judgment Shahabuddin Ahmed J.- This application under Article 102 of the Constitution calls in question an order of the Returning Officer and Secretary, Election Commission (Respondent No.1) accepting the no..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....er Mostaque Ahmed did not enter upon the office of President on 15.8.75 according to the provisions of the Constitution in the wake of an abrupt change of government J he took over full powers of the Government in a manner not contemplated in the Constitution. The source and basis of his powers and ......orce subject to this Proclamation and Martial Law Regulations and Orders and other Orders made in pursuance of the Proclamation and that the Proclamation, Martial Law Regulations and Orders and other orders shall have effect notwithstanding anything contained in the Constitution."Clauses (d) &a..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....of the 20th August, 1975". Mr. Huq has argued if this is the overt policy of Proclamation of Martial Law which was done by the Proclaimed on 20th August, 1975 while seizing the full power of the Government with the help and mercy of the Almighty Allah and relying upon blessings of the people th....... Attorney-General—For the Respondents. M. H. Khandkar—Amicus Curiae. Writ Petition No. 345 of 1978. Judgment Badrul Haider Chowdhury J.-. This is directed against an order of conviction passed in Martial Law Case No. 6 of 1977 by Special Martial Law Court No. II, Da..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....Amin have been impleaded as opposite parties 2 to 4 (proforma) The allegations made in the petition are that the land id question originally belonged to Roy Harendra Nath and others in khas under the Government and the petitioner Ruhul Arnin and his three other brothers took settlement of Plot No. 2...... A.F.M. Shahid-For the Petitioner. M. B. Rahman-For Opposite parties. Civil Revision No. 445 and 446 of 1975 Judgment Ranadhir Sen J.- These two Rules are directed against two orders of the learned Munsif in two different proceeding under section 143A of the State A..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......n 1366 B.S. they cultivated plot Nos. 449, 450 and 451 by hired plough and plot No. 447 through bargadars. 2. The defendants cut away the plaintiffs jute from the suit land under the cover of an order under section 144 of the Code of Criminal Procedure. The defendant's case is tha..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......dar & others........................Respondents Judgment April 17, 1978 Result: The Appeal dismissed Whether dismissal of a suit amounts as a rejection of the plaint- the order of dismissal under section 8B (3) Court Fees Act is not a decree and as such no appeal li..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
....made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
......dash; For the Petitioner.
Md. Yahya—For the Opp. Parties.
Civil Revision Case No.103 of 1975.
Judgment
Saifuddin Ahmed Siddiqui Chowdhury J.-This rule is directed against an order passed by the learned Munsif allowing opposite parties Nos. 6 to 11 to be added as defendants ..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......re separate entities and as such their incomes should not have been tagged together. The Tribunal after hearing the parties accepted this contention of the assessed and reversed the decision by their order dated 14.9.70 and held that the incomes of the two firms should not be tagged together observi..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ...... Chairman of a department shall be appointed by the Vice-Chancellor for a term of three years only from amongst the teachers of the department not below the rank of Assistant Professor by rotation in order of seniority. (2) The Chairman of the department shall be responsible for the general sup..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
.... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ......ashid—For the Petitioner. Aleem-al-Razee—For the opposite parties. Civil Revisional Case No.1444 of 1977. Judgment Abdur Rahman Chowdhury J.-This Rule arises out of an order passed by the learned Munsif, 1st Court, Sadar, Chittagong, allowing amendment of the plaint, ..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......t appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing up formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” 2. The learned Single Judge noticed two dec..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
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