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Benoy Bhusan Bardhan and others Vs. Sub-Divisional Offi­cer, Brahmanbaria and another, 1977, 6 CLC (AD)

....e concern­ed, were without lawful authority. In the result the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 149. ......rted to have been issued and made under the provisions of paragraph 5 and 4 of the Administration and Disposal Order, 1966 respectively. 23. From paragraph 5 quoted above it appe­ars that in case where the enemy property which vested in the Custodian of Enemy Property and was in unlawful po..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)

....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230.     ......of the State Acquisition and Tenancy Act in" the Court of Munsif, 2nd Court Sadar Sylhet claiming themselves to be co-sharers tenants of the holdings, having no notice of the sale. Their further case is that the purchaser is an stranger and the case land was transferred secretly and without any..

Category: Property Law | Date: 25 Nov, 1977 | Hits: 2

Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)

.... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407   ......elf and for his wife as her tadbircar were filed on the ground of illness. No medical certificate etc. was attached to the applications but the learned Munsif, however, being satisfied, adjourned the case till 25.9.75. On 25.9.75 an application at the instance of the learned Lawyer of the purchasers..

Category: Property Law | Date: 17 Nov, 1977 | Hits: 2

Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)

....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86.         ......gning the orders of the assessments filed one application impugning the demand notice. The petitioner, however, paid separate Court fees payable on separate applications. 2. The petitioner's case in short is as follows: The petitioner is a company incorporated in Bangladesh under the Compan..

Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4

Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)

....The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179.     ......y the trial Court the appeal is to be heard under Order 41 rule 26 of the Code…… (10-11) Whether disagreement with the findings of the trial Court is ground for sending a case on remand— Order 41 rule 24 of the Code is a clear and standing bar in suc..

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)

.... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244.   ....... Clause (b) Article 8 reads as follows: “8. Until the Government' otherwise directs,- (a)************ (b) the chief executive of a scheduled industrial enterprise (or as The case may be, the industrial enterprises placed under a Corporation by an Order under Clause (1) of A..

Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8

Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)

....t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......ehalf an applica­tion under the said section can be filed. The power under section 115 of the Code is an extraordinary power which the High Court may exercise after calling for the records of any case which has been decided by any Court subordinate to High Court in which no appeal lies to the Hi..

Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111

Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)

....he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349.   ......ents preferred the above Arbitration Case and claimed compensation to the tune of Tk. 3, 88,136/- on the averment that the assessment made by the L A. Collector is not fair and proper inasmuch as the case land is more valuable. 3. On being served with notice under section 7(aa) of 15-..

Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2

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.       ......dispose of them all. 2. Defendants are the appellants and the suit was for declaration of the plaintiff's title to the suit property, recovery of possession and for mandatory injunction. The case of the plaintiff, as set out in the plaint, is that the suit land, plots Nos. 1 and 2 of the Ol..

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.   ......it is mentioned the Zonal Martial Law Administrator, Zone C desires that the defaulter Mr. Ajmal Khan be released from police custody and for other dues the Chairman was advised to take up a separate case for recovery of other dues payable by M/s. Khan and brothers in this regard under proper sectio..

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   ......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 Lod and others Vs. Kobbad Mia 13 DLR 765 South India Corporation (B) Ltd. Vs..

Category: Property Law | Date: 15 Aug, 1977 | Hits: 3

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

....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.   ......detenu has been detained by an order dated 28-5-77 under rule 5(1)(a) of the Emergency Powers Rules. It is stated that the detenu never indulged in any prejudicial activities and there is no specific case against the detenu in any Court. The respondents stated that the name of the detenu is listed a..

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.     ......court as to which of the parties was entitled to it. 4. In this view of the matter the impugned order dated 27.10.70 of the learned Magistrate cannot be sustained. This view finds support in the cases of Shahzada Daljit Singh Vs. Mian Taj Singh A.I.R. 1939, Cud, 284; Netesa Naicken Vs. Raghavac..

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.         ......Rahman and others was fraudulent and without consideration and she acquired no interest on the strength thereof. The pre-emptor No. 2 purchased 93 acres from Tamirannessa and pre-emptor purchased the case land from the other heirs of Tamirannessa. The further case of the pre-emptee is that he made i..

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. ......een in possession as such. The defendants claiming to have purchased the land from the heirs of Faizuddin Haji on 6-1-66 started disturbing the possession of the plaintiff, whereupon certain criminal cases were brought against the defendants and the suit is stated to have been insti­tuted to rem..

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   ......ity of the application and for proving the locus standi of the petitioner. After hearing both the parties the learned District Judge by his order dated the 30th June, 1970 dismissed the Miscellaneous case after holding that the petitioner had no interest in the estate of the deceased and as such he ..

Category: Property Law | Date: 29 Jul, 1977 | Hits: 2

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....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       ...... this perfunctory nature of the discharge of function of a Statutory Body which has been invested with recommendation of making appropriately recommending order. Be that as it may the records of this case show, that the records were sent to the Board on 26-1-73 and a Enquiry Officer was appointed on..

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.   ......a, 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 disposal of the appeal, are that an area of 2.55 acres of land belonging ..

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.   ......hereupon Kotwali P. S. Case No.8 dated 12-10-1971 being G. R. Case No.519 of 1971 under section 302/307 of the Bangladesh Penal Code was started. One Rahmat Ali was arrested in connection with that case and pro­duced on 14-10-1971 in the Court of the Sub-Divisional Magistrate. The prayer for bai..

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)

....urse, interpreted this Ext.1 is nothing but an ordinary permission to stay in the premises in question by her brother and he used this exhibit 1 against the plaintiff. According to him it has cut the root of the plaintiff's case of right of possession as the wife of domesticated son-in-law. ......ion therein comes within the mischief of 5(1) (a) of the then East Pakistan Enemy Property (land and buildings) Administration and Disposal Order, 1966. 3. Facts relevant for the disposal of the case is as follows: Plaintiff instituted the above suit and her case is that the suit premises origi..

Category: Property Law | Date: 8 Jul, 1977 | Hits: 2