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Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ....... Vs. Furness, (1895) 2 Queens Bench Division, 539 at 54; Satendra Nath Mitra Vs. Union of India, AIR 1962 Cal. page 177; Novelty Cinema Vs. Ferdous Films PLD 1958 Lahore 20; M/S. Haji Azam Vs. Singleton Binda & Co. Ltd. (1975) 27 DLR page 583. Lawyers Involved: Shahabuddin Ahmed with ...... the petition or the affidavit as the case may be shall be affirmed by a director or some other principal officer of the company. The Judge before whom the application is made may for special reasons grant leave for the verification to be made by any person other than a director or other principal o..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......the question for consideration is whether the District Delegate has jurisdiction to entertain the petition and to grant revocation prayed for before him. Section 265 provides for High Court powers to appoint Delegate of District Judge to deal with non-contentious cases and it runs as follo......ers Vs. Barista Krishna Kundu & others...........................Opposite parties Judgment December 15, 1977. Result: The rule is made absolute. Cases Referred to- Kailash Chandra Vs Nanda Kumar A.I.R. 1944 Calcutta 385. Lawyers Involved: Kailas...... - This rule is directed against the orders dated 25-4-77 and 7-5, 77 of the District Delegate in Misc. Case No.656/75. The Opposite Parties 1 and 2 filed an application for revocation of the probate granted by the District Delegate in Misc. Case No. 120 of 1969 on 15-4-72 his petition was filed bef..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
....tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
......e Registrar, University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722 and has drawn our attention to the following observations made therein:
“Wherever any person or body of persons is empowered to take decisions after expost facto investigation into facts which would result in conseque.........................Appellant
Vs.
Govt. of Bangladesh.............................Respondent
Judgment
December 2, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Abdus Sabur Khan Vs. Karachi University and another (1966)) 18 DLR (SC) 422; University of ......tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....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.
...... authorised to manage the same.
4. The learned Judges of the High Court disposed of the Rule by their judgment dated 1-12-69 on holding that the respondents were authorised to exercise necessary powers for taking possession of the disputed lands which were enemy properties but directed the Cust......ts
Vs.
The Sub-Divisional Officer, Brahmanbaria and another...............Respondents
Judgment
November 29, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Province of East Pakistan Vs. Syed Hatem Ali and others (1968) 20 DLR (SC) 129; Sufia Khatu......k into the records properly and leave out the legitimate share of the appellant in the properties in question before taking possession of the shares of the Indian nationals.
5. Special leave was granted by the Supreme Court of Pakistan to consider the questions whether the Sub-Divisional Office..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
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 ......ench in the case of Jamiyat Ali Vs. Mrs. Chemon Ara Begum & ors. reported in 20 D.L.R. (Dacca) 480 wherein it has been held: “We are quite conscious of the limitation on our revisional power under section 15 of the Code. Ordinarily erroneous decisions of facts are not revisa......li and others…………….....................Opposite Parties Judgment November 17, 1977. Result: All the rules are made absolute. Cases Referred to- Thakur Prasad Vs. Sk. Fakirullah and another 22 Indian Appeals 44; Jamiyat Ali Vs. Mrs. Che......sers was filed to the effect that the case was fixed for bearing on 20th September, 1975 on which date the purchasers petitioners prayed for time on the ground of illness and the Court was pleased to grant time till 25 9.75 but that date being a date just on the eve of Annual Vacation, the petitione..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. ......ss Profit Tax Act which provides 4 years limitation. The learned Advocate further submitted that Urban Immoveable Property Tax Act being a fiscal statute, in the absence of any such clear provision empowering the Assessing Officer to reopen the assessments, closed and passed, the impugned demand for......matter of: Notice being process No.3823 dated 18.5.73 issued by the Assessing Officer, Narayanganj Range, Narayanganj demanding payment of purported Urban Immoveable Property Taxfor the years 1957-58 to 1972-73. Judgment Ruhul Islam CJ.—This Rule Nisi was issued calling upon the resp......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. ..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. ......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. ......0 DLR (HCD) (1978) 179. ......defendant to the plaintiff thereby admitting her as the sole owner of the suit premises. In his evidence also the defendant admitted his signatures on the back of the counterfoil of the rent receipts granted by the plaintiff. The learned Additional District Judge has not at all considered those exhi..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. ...... sue through its manager could not be questioned in law. 6. Mr. Khandkar Mahbubuddin Ahmed, the learned Advocate appearing for defendant No.1, has contended that the plaintiff-company has got no power or authority to sue in its own name. H has, however, conceded that as the question of maintain......in: 30 DLR (HCD) (1978) 244. ......ort of his contention he has cited to us-"Full Wood Vs. Chancery Division, Vol. IX page IX 176 wherein it was held that when an injunction is sought in aid of a legal right the Court is bound to grant it if the legal right is Established and mere lapse of time will not be a bar to granting of i..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. ......ise unexceptionable. It may be noticed that the provision of section 115 of the Code does not specify the person on whose behalf 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 afte.....................Appellant Vs. Abu Zafar..........................................Respondent Judgment August 23, 1977. Result: The appeal is allowed. Cases Referred to- Manindra Chandra Dey and others Vs. Govinda Prasad (1951) 3 DLR 313; Sheikh Ayezuddin Vs. P......ccepted and the suit proceeded with accordingly. Instead of issuing Rule we are passing the final order, inasmuch as the orders suffer from material irregularity." 6. Special leave was granted by the Appellate Division to consider the question (a) whether the application under se..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. ...... learned Deputy Advocate General took objection to the Memo, of cross-objection and presentation thereof on 9.3 77 because of the date of certificate in the Memo, of cross-objection and acceptance of power being on 8.5.77 and as such the Memo, of cross-objection should be rejected. The learned Advoc.......Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judgment August 18, 1977. Result: The appeal is dismissed Cases Referred to- Labhu Ram Vs. Ram Protap, AIR 1944 Lah. 76; S M. Nripjit Ram Vs. Sardar Satinder Singh, AIR...... already received an amount of Tk. 9657.52 paisa leaving a balance of Tk. 54,528/- only which is still to be paid by the Government to the respondents. The learned Arbitrator has, however, refused to grant the claim of Tk. 10,000/- for the structure and income out of house rent at the rate of Tk. 18..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. ......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. ...... Appeal from original decree Nos. 16 and 17 of 1977, with Civil Rules 1039(f) and 1040(f)of 1976. Judgment Shahabuddin Ahmed J.— These two appeals and these two rules have been heard together as they arise from the same judgment and decree being judgment and decree dated 12.6.76 of ......al had not been materialized. The plaintiff has tried to strengthen his case of sale by stating that he had paid to defendant No.1 on that very occasion Tk. 20,000/- on acceptance of which the latter granted him a receipt The said receipt was not produced by the plaintiff who has, however, explained..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. ......we need not enter into this controversy. The auction of octroi post is guided by Municipal Administration Ordinance, 1960 and mentioned in entry No. 24 under the 4th schedule which gives the enabling power to the pourashava for putting the octroi on auction it has been empowered by the Rules framed ......que—For Respondent No. 2 and 3. Kamahiddin Ahmed—For Respondent 1. Writ Petition No. 551 of 1976. Judgment 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 ......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. ..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
....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.
......Sonai Nadi. It is contended that by itself if should not have been assumed that the detenu is a smuggler and without tangible material the detenu has been detained illegally in colourable exercise of power. Thus in all these three Writ petitions the detaining authority, it is stated, has passed the ......use the detenu has been mentioned as a veteran smuggler and his name is mentioned in the list of smugglers which was prepared by the Anti-Smuggling Committee of the Government of Bangladesh. In order to prevent him prejudicing the maintenance of supply and services essential to the life of the commu......ined under rule 5(1) of the Emergency Powers Rules. It appears that a F.I.R. was lodged against the detenu about smuggling of 77 tolas of gold. There was, therefore, a specific case and though he was granted bail he could not come out because an order of detention was passed. This detention order wa..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
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. ......ecide whether in the facts of a particular case such a presumption would be drawn. Moreover, the evidence, as has been referred to in the said illustration, must be of such a nature as was within the power of the party to produce and was not produced because of his withholding the same. The sons and......lip;…Appellants Vs. Zahiruddin Kari and others..........................Respondents Judgment August 3, 1977. Result: This appeal is allowed. Cases Referred to- Dakas Khan Vs. Ghulam Khan Qasim I.L.R. 45 Cal 793 28 C L.J. 441 Lawyers Involved: ......ved the possession of Faizuddin Haji, the defendants failed to discharge the onus of proof that Faizuddin Haji acquired title to the disputed land by a purchase of the same. 7. Special Leave was granted by the Appellate Division for considering the points: (1) whether the High Court Divisi..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 ......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 ...... Chandra Guha…………………….Principal-Opposite-party Judgment July 29, 1977. Result: The appeal is dismissed. Cases Referred to- Sarala Sundari Vs. Dina Bandho Roy, AIR 1944 (PC) 11. Md. Abdul Jalil Vs. Surendra Nath in ......c. Case No. 4 of 1970 arising out of probate cast No. 17 of 1968 there 2. The appellant filed an application under section 263 of the Succession Act, 1925 for revocation of the probate granted on 28-4-61. In that application it was stated that respondent No.1 Naresh Chandra Guha false..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....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
......inquiry in the said sub-rule makes it obligatory on the authority to act in the particular manner as laid down by the rules and in no other manner. It is well settled now that when authority is given power coupled with a duty it must act in accordance with the law that has conferred such power and a......e People's Republic of Bangladesh and others........................................Respondents
Judgment
July 27, 1977.
Result:
The Rule is made absolute.
Cases Referred to-
Quazl Md. Mahbubur Rahaman Vs. Government of Bangladesh represented by the Secretary Establ......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
..
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. ......, he has added. The question before us, therefore, is whether the L.A. Court in determining compensation of a land acquired under the T. I. Act when no Tribunal under that Act was constituted has got powers to direct payment of interest on the compensation assessed. 5. The land in this case was......l 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 Improvement Ac...... 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. ..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. ......n Special leave. It was urged before the Supreme Court that even if a second prosecution were competent on fresh comlaint; or on a fresh police report in respect of the same offence, there is no power in a Magistrate to revive the proceedings which came to an end by the passing of an order o......hman…………............Appellant Vs. The State................... Respondent Judgment July 13, 1977. Result: The appeal is dismissed. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala, 14 DLR (S.C.) 96; PLD 1962 (S.C.) 242; Ahwad Hossa......case will be entitled to the benefit of an order if it is common' to all. Let us now proceed to consider with reference to Abul Hossain Sana's case the aforementioned questions on which leave was granted assuming that the benefit, if any, of the order of discharge will reach the appellant al..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. ...... with the custodian of the enemy property. Section 5(1)(a) of East Pakistan Enemy Property (Lands and Buildings) Administration and Disposal Order, 1966 under which the Custodian has been empowered to deal with the property vested with him, runs as follows: “In any enemy propert......ppellant Vs. Govt. of the People's Republic of Bangladesh & 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. Pr......ract at the house of the father-in-law at his instance and on that basis she, as the wife of domesticated son-in-law, also is residing in the house in question, she also got confirmatory license with grant/vide Ext. 1 with certain obligations from her brother Nikhil Chandra Kar who inherited the pro..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)
....fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ......General, appearing for the respondents submitted with reference to Sub-Rule (2) of Rule 10 of the Government Servant's (Efficiency & Discipline) Rules, 1960 that government has been given the power to hold further enquiry against a government servant, and as such the case of the petitioners ......a, that the petitioner Mr., A. Khalilullah, formerly Sub-Overseer cum-Sectional Officer, Jhenidah Building Sub-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......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
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