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....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......rder as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......sh Chandra Bhattacharya J. - This appeal by special leave is against a judgment of a Bench of the High Court of East Pakistan modifying, under Article 98 of the late Constitution of Pakistan two orders of the Sub-Divisional Officer Brahmanbaria, relating to lease of certain lands said to be ene..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
.....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......) Present: Siddique Ahmed Chowdhury J Aftab Mia…………………………….................Petitioner Vs. Wahab Ali and others……………..................Opposite parties Judgment ......ite Parties No.1 and 2 Civil Revision No. 1068 of 1976. Judgment Siddique Ahmed Chowdhury J.- This Rule at the instance of the purchaser Aftab Miah is directed against the judgment and order dated 29th November, 1975 passed by the learned Subordinate Judge, 2nd Court, Sylhet in Misc. ..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....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......lso Reported in: 31 DLR (HCD) (1979) 407 ......of 1976 at the instance of purchaser Mst. Delwara Begum, wife of Md. Ibrahim Hossain were issued calling upon the opposite party No. 1 pre-emptor Md. Khorshed Ali to show cause, why the judgments and orders dated 6.5.76 passed by the learned Munsif 2nd Court, Mymensingh. Sadar, in the proceedings un..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....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......) Present: Ruhul Islam CJ A.T. M. Afzal J Judgment Burmah Eastern Limited. ......................................Petitioner Vs. Assessing Officer, Narayanganj Range and others..........Respondents Judgment September 1, 1977. Result: The applicat......rty 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 impugning the orders of the assessments filed one application impugning the demand notice. The petitioner, however..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....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...... 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 determine th......undertake such repairs and after completion of the same submit to the Controller a statement of the cost thereof and the Controller after considering the statement and after further enquiry may by an order determine the amount of costs that the tenant is entitled to recover from the landlord and the..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)
....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 ......n Medical Supplies Vs. Farben 21 DLR 945; Mohanlal Harprassad Vs. Firm Lai Mohan AIR (1961) M.P. 237. Lawyers Involved: S. R. Paul with Khalilur Rahman—For the Appellants. Khandker Mahbubuddin Ahmed with A, K. Maintil Huq—For the Rcfpondtni No. 1. Appeal from Ori......ed with A, K. Maintil Huq—For the Rcfpondtni No. 1. Appeal from Original Order Nos. 217 & 218 of 1977. Judgment M. H. Rahman J.—These two appeals have arisen out of the order dated 20.4.77 passed by Mr. Anisul Haque Choudhury, Additional District Judge, Special Court N..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....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...... no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ...... Judgment and Order dated 19-1-76 passed by the High Court Division in Civil Order No. 69 of 1976). Judgment Debesh Chandra Bhattacharya J. - This appeal by special leave is against an order of a Bench of the High Court Division, allowing an application under section 115 of the Code o..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....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......Appellate Jurisdiction) Present: Syed Mohsen Ali J Siddique Ahmed Chowdhury J Bangladesh.................................Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judgment August 18, 1977. Result: Th......e presented after the expiry of one month from the date of the service of the notice on the respondent or his pleader but the right to submit his cross-objection accrues to a respondent as soon as an order is made issuing notice of the date of hearing of the appeal to him and it is not necessary for..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....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....... Islam—For Appellant (In F.A.No.16 of 1977). Syedlshtiaq Ahmed with Mahmudul Islam—For Appellant (In F.A.No.17 of 1977). Ahmed Subhan, with Ataur Rahman Khan, Fazlul Karim and Fazlul Huq—For Respondents (In both the Appeals.) Appeal from original decree No......aper receipt. Defendant No. 1, who had already sent his family to London, sold away his restaurant at Chittagong, the main source of his livelihood and made all preparation for leaving the country in order to join his family in London and in that connection he sought the plaintiff's help. The pl..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
.... 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......ul Matin Khan Chowdhhury J Md. Ajmal Khan………………………….......................Petitioner Vs. Chairman, Ctg. Pourashava and others……………Respondents Judgment August 17, 1977. ......the payment of the cheque is guaranteed on 7th September. 1976 by the Bank, yet for reasons best known to the Chairman. Chittagong Pourashava refused to accept the same and demanded bank draft or pay order vide Annexure-D. The petitioner accordingly has issued a pay order on 4-9-76 being pay order N..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
....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......hellip;………Opposite Party Judgment August 15, 1977. Result: The two Rules are made absolute. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others 27 OLR 61 (Appellate Division) is evidently distinguishable. The case of Barada Prasanna ......For the Opposite Party. Altaf Hossain—For the Defendant-Respondent. Civil Revision 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 p..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
....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......wara Begum wife of Mr. Hannan (In Writ Petition No.267/77), Md. Abdu Gafur (In W.P. No.352/77), Anwar Mollah (In Writ Petition No.213/77).................Petitioners
Vs.
Govt. of Bangladesh and 2 others……………………………......s judgment.
2. In Writ Petition No. 267/77 the detenu is Arijitullah Shaikh and the petition has been filed by his mother-in-law Mrs. 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 furth..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)
....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...... Court High Court Division (Criminal Jurisdiction) Present: Amirul Islam Chowdhury J Bhowal Raj Court of Wards State...........................petitioner Vs. Md. Chand Mia....................................................Opposite party Judgment August...... 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. law of 1966. 2. ..Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....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......t High Court Division (Civil Revisional Jurisdiction) Present: Ranadhir Sen J Aseruddin Sk........................................Petitioner Vs. Serajuddin Talukder and others..............Opposite Parties Judgment August 9, 1977. Result: The Ru......stion. In the circumstances, Mr. Chowdhury has failed to point out that the learned District Judge acted illegally or with material irregularity in the exercise of jurisdiction in making the impugned order. Accordingly, no interference is called for in revision. For the reasons stated above the..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....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......order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......ge of survey had to record all the particulars and incidents relating to the right of the person in possession of all lands in any local area, estate or tenure in respect of which the survey had been ordered under section 101 of the Act. It is the record of rights, and not the record of mere po..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....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...... Court Division (Civil Appellate Jurisdiction) Present: Shahabuddin Ahmed J M.H. Rahman J Mohd. Mazibar Rahman Mia............Petitioner-Appellant Vs. Naresh Chandra Guha…………………….Principal-Opposite-party ......p;with Md. Shafiqur Rahma-For the Respondent No. 1 Appeal from original decree No. 233 (Probate) of 1970 Judgment M. H. Rahman J.- This appeal is directed against the judgment and order dated 30-6-70 passed by Mr. Aminullah Khan, District Judge, Barisal in Misc. Case No. 4 of 197..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....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......hellip;………………………..Petitioner
Vs.
Secretary, Establishment Division, Government of the People's Republic of Bangladesh and others........................................Respondents
Judgment
July 27, 1977.
......etitioner.
Kazi Shafiuddin, Assistant Advocate General—For the Respondents.
Petition No. 78 of 1973.
Judgment
Badrul Haider Chowdury J.-This Rule is directed against an order dated 11-4-73 passed by Mr. M. Rahman, Secretary, Establishment Division, Government of the Pe..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
.... 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...... Appeal from Original Decree No. 262 of 1969. Judgment Shahabuddin Ahmed J.—This appeal is directed against an award dated 30. 11. 68 of Mr. Kaiser Ali, Additional District Judge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Imp......proceeding or award of the said Court by treating it a tribunal under the Act. The expression "shall be construed as referring, to" is the well-known language employed by the legislature in order to attract the provisions of an analogous enactment into the Act without enacting them over ag..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....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...... ......with B. B. Roy Chowdhury, Assistant Attorney General instructed by Abdur Rab-I, Advocate-on-Record—For the Respondent. Criminal Appeal No.7 of 1976. (On appeal from the judgment and order dated the 18th November, 1974 passed by the High Court in Criminal Revision No.1173 of 1974) ..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)
....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 ......adesh & others...........Respondents Judgment July 8, 1977. Result: The appealis allowed. Cases Referred to- Govind Rani Dasi Vs. Radha Ballabh Das, 15 C.W.N. 205; Ananda Mohan Kunda and others Vs. Province of East Pakistan and others, (1968) 20 D.L.R. 976; M.M. Isp...... 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. ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
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