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Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....administration of the new char would continue as before. These two orders, as quoted above, have been challenged in this petition. It has been claimed by the petitioners that these two orders are illegal and without jurisdiction and were not passed in accordance with the provisions of law and as ......e 98 is not the suitable forum for adjudicating complicated questions of title. In view of the above, we feel that the granting of this petition would not be justified and would seek to disturb the status quo in the area because of this reason as well the prayer. Lastly, the petition does not ap..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....n this connection to the judgment of the Supreme Court of India in Carikapati Veeraya vs. Subbash Choudhury PLD 1957 (SC) India 446, where after an exhaustive review of cases it was held that the legal pursuit of a remedy, suit, appeal and second appeal are really but steps in a series of judi......he second suit while adopting these plans goes further in alleging that the plaintiff is the Mutwalli of the waqf and in asking for possession of alienated property to be delivered to him in that status. There is also the point that mesne profits are sought in the second suit. The point that M..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....r. Abdul Wadud Chowdhury, the learned Advocate for the defendant-respondent has, however, contended that there was no valid reference in this matter as the alleged award could not be considered as legal and binding. 10. It is admitted by both the parties that the plaintiff was a registere......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
.... or upon Parul Bala. 5. In this Revisional application Mr. Syed Mohammad Ali, the learned Advocate for the petitioners, has argued three main grounds, First, that the learned Munsif acted illegally and with material irregularity in the exercise of his jurisdiction in setting aside the com......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....out in the aforesaid Nagina Silk Mills Ltd. case we find that the impugned notices in the case of the petitioners in both the petitions having been issued long after the period of limitation, are illegal. 16. On behalf of the respondent it has been contended that the petitions are prematu......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 106
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....ose material witnesses and non-production of their reports have not only prejudiced the accused but have also caused a failure of justice in the case. 11. It is true that the medical insanity and legal insanity are not the same thing. The legal insanity as contemplated in section 84 PPC must be ......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....nate Judge was totally wrong in holding that the award, Ext 6 obtained by the plaintiff in the DS Board proceeding is binding on him and that Ext. 6 being an award of DS Board, the award Ext 6 had no legal validity. The evidence of the plaintiff that he was advised by his lawyer that this award is o......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....mber, 1965, made under the Defence of Pakistan Rules, become an enemy property. Shuk Deb, the Pujari, and some others who are living in the premises having not been able to produce any document of legal possession of the property, cannot but be termed as unaut......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... "A dwelling house" is obviously a house with the superadded requirement that it is dwelt in or the dwellers in which are absent only temporarily, having animus revertendi and the legal ability to return." The said definition shows that a dwelling house is one wh......e had no rayati interest, but he had only tenure right and he leased out the lands to different tenants after he took lease of the same long before the CS operation. They have also pleaded that the status of the tenants was only recorded in khatian. In short, their positive defence is that their..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....J sitting with Kayani, J. after citing certain High Court rules, observed: "The trial was held in contravention of the rule and the appellant did not, in fact, have the kind of legal assistance that is contemplated by the rule. The trial is, therefore, bad and the consequent......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....n was possible by him. 4. Being aggrieved by this order the petitioner has obtained this Rule and has prayed for a declaration that the order of the respondent No. 2 dated 12.2.70 is illegal and has no legal effect and also for a direction to the respondent No. 2 to issue a Certifica......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....tion of the learned Advocate for the petitioner is that the granting of time-table to Messrs. High Speed Navigation Company Limited has not been given by a competent authority and, as such, it has no legal effect. The relevant provision in section 54AA of the Inland Mechanically Propelled Vessels Ac...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....y. Section 25(3), therefore, cannot have any manner of application where a corporate shareholder nominates a director to the Board of a financial institution to represent it. It is only proper and legal that petitioner No. 1 company is represented by its own directors in the Board of respondent ......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
.... of exemption under section 48, the bar remains as a permanent provision in the said Act. When an exemption is given the bar under section 25(3) is relaxed; but when the exemption is withdrawn the legal consequence is the revival of the permanent bar under section 25(3), which will affect the ex......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
.... and on receipt of this notice; the plaintiffs’ tenants stopped payment of rent to them. Hence the suit for declaration of title as also for a declaration that the notice of the said defendant is illegal and not binding. 3. Defendant No.1 Zilla Parishad, Chittagong and defendant No.2, Banglade...... not grant any settlement of the suit land to Noor Hossain in whose name the RS Khatian was wrongly prepared. In the remark column of the khatian, the possession of Noor Hossain was noted without any status either as a raiyat or as a lessee under defendant. No.1 Noor Hossain never paid rent to defen..Category: Tenancy Law | Date: | Hits: 82
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....of the plaintiffs not being divisible the suit is liable to abate as a whole. 8. Order 22 of the Code of Civil Procedure requires that in the event of death of a particular party, heirs and legal representatives of the deceased have to be brought on record within a stipulated period. If ......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....ten tried to contact his daughter; that the said Abdus Salam and other accused persons kidnapped his daughter out of the said grudge for immoral purposes and they are detaining her against her will illegally at unknown places. 3. On receipt of the Ejahar the police started Nagorpur police statio......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..Category: Criminal Law | Date: | Hits: 71
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....Plot No. 202 had been duly recorded. 5. They received a notice dated 12-12-88 under the signature of the Executive Engineer, Dhaka City Division-2, informing that the petitioners were in illegal occupation of the land of the road connecting the PWD and they were directed, in that notice,...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....d in favour of the plaintiff against the defendant Nos. 1, 2 and 3 declaring that the auction sale of schedule property and taking over possession of the properties from the plaintiff on 3-3-93 are illegal, collusive, void, inoperative is of no legal effect and not binding upon the plaintiff. (b...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
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