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Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....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.......76. 4. Amongst the 4 respondents only the Chairman. Chittagong Pourashava contested the rule by filing affidavit. Neither the Commissioner, Chittagong Division as controlling authority, not the Government of Bangladesh contested the Rule. 5. In the affidavit in opposition respdt. No. 1 to..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
....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...... 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 ..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
....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......
Result:
The Rules are discharged.
Cases Referred To-
Abdur Rahman Vs. Govt. of East Pakistan (1967) 19 DLR 748; Kalipada Hazara Vs. Govt. of Bangladesh (Criminal Misc. Case No. 69/77; Government of West Pakistan Vs. Begum Abdul Karim, (1969) 21 D.L.R. (S.C.) 1; Ghulam Jilani, (1967);..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)
.... 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. ......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)
....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......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. ..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....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...... "A record of rights has been described by Sir Henry Maine as a detailed statement of all rights in land drawn up periodically by the functionaries employed in setting the claims of the Government to its shares of the rental........ Though it does not create a title, it gives ris..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....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......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 ..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....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...... J
Abdus Saleque……………………………………..Petitioner
Vs.
Secretary, Establishment Division, Government of the People's Republic of Bangladesh and others......................................
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
....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......8 of Mr. Kaiser Ali, Additional District Judge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Improvement Act, 1953 briefly the T.I. Act. 2. The Government of Bangladesh is the appellant before us. Facts of the case, so far necessary for disposa..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....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) ......ting forth the necessary particulars. Sub-section (2) of section 173 lays down that where a superior police officer has been appointed under section 158 the report shall, in any case in which the Government so directs, be submitted through that officer who may, pending the orders of the Magistr..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. ...... 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
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....-Division, under Building Division, Jessore (1), while in service under the Building Directorate of the Government of Bangladesh, was given the charge of supervising the work of construction of some Border outposts, and while he was serving in such capacity the petitioner received an order of suspen......Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J M. A. Khalilullah and Abdul Hakim..............................Petitioner Vs. Government of Bangladesh and others.......................Respondents Judgment June ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
....r and prayed for setting aside the result of the election. An application was filed under section 151 of the Code of Civil Procedure on 24th February, 1977 by respondent No.2 praying for an order of injunction restraining the petitioner from taking over charge of the office of the Chairman......rent rulings of the Superior Courts of the country. 6. Only question for our consideration in these applications is as to whether Election Tribunal constituted under section 27 of the Local Government Ordinance, 1976 is "Civil Court" and as such, is competent to grant temporary i..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)
....ich fails not on the grounds found by the Courts below but in view of the non-compliance of 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. ......ature of khal and was recorded in the C.S. khatian as khal, it became cultivable in course of time by gradual accumulation of sands. The landlord possessed the same through bargadars. Thereafter, the Government stepped into the shoes of ex-landlords and by virtue of State Acquisition and Tenancy Act..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
....r. Sultan Ahmed, Deputy Attorney-General - For the Respondent. Civil Revision Case No. 627 of 1973. Judgment K M Subhan J.- This Rule obtained by the plaintiff-petitioner is from order No.38 dated 24-3-73 passed by the learned Subordinate Judge of the 2nd Court, Bakerganj in Mis......he exercise of our jurisdiction under section 115 of the Code, which is discretionary, with the order passed by the learned Subordinate Judge. A suit was filed by the plaintiff-petitioner against the Government for declaration of their tenancy right over the suit land measuring 810.86 acres. The onl..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
....Khahlur Rahman—For the Petitioner.
No one—For the Respondents.
Writ Petition No.193 of 1973
Judgment
Badrul Haider Chowdhury J.—This rule is directed against an order dated 16-8-73 passed by the Chairman of the Labor Court at Khulna, in IRO Case No.395 issuing ......sp;2 which provides, amongst others, "such agreement is in writing, has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to Provincial Government the Conciliator and such other person as may be prescribed". In this view of the mat..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)
....nvolved: M. Behtar Ali—For the Appellant. No One—For the Respondent. Appeal from Original Order No. 29 of 1976. Judgment K. M. Subhan J.- This appeal is from the order passed by the Commissioner of Workmen's Compensation, in Workmen's Miscellaneous Case ......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)
.... Sultan Ahmad—For opposite party No.1. Civil Revision No. 430 of 1974. Judgment K. M.Subhan J.—This Rule obtained by the plaintiff-petitioner is from the judgment and order passed on 16.3.74 in Title Suit No. 339 of 1973 by the learned Subordinate Judge, 1st Court, D......ed by the learned Magistrate on 12. 5. 69. The matter was heard by the learned Additional or Sessions Judge of the 1st Court, Dacca, who, however, rejected the revisional application preferred by the Government. Subsequent to that the Assistant Collector of Customs of Excise, Division I passed an or..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....the detention of KalipadaHazra now being detained in Jessore Central Jail should not be declared illegal and why he should not be brought before this court and set at liberty or such other or further order or orders passed as to this court may seem fit and proper.
2. The detenu Kalipada Hazra i......1, 1977.
Result:
The Rule is made absolute.
Cases Referred To-
Ghulam Jillani and Govt. of West Pakistan Vs. Begum A.K. Abdul Karim,(1967)19 DLR (SC) 403; Liversidge Vs. Anderson; Government of West Pakistan Vs. Begum A. Karim, (1969) 21 D.L.R. (S.C.) page 1; Vimblabai Desphande ..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....onth of October, 1973 which was offered by the appellant first on October 1, 1973 and then on October 6, 1973. Furthermore, having no other alternative the appellant remitted the rent by postal money order which was refused and returned to him on November 5, 1973. The appellant deposited the rent wi......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. ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
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