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Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
....d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424. ......rty in suit. There is nothing on record to indicate that the said preliminary decree was varied or altered on appeal or review. Meanwhile, Title Suit No.41 of 1973 has been instituted by the opposite party Nos.3 to 6 for declaration of their title to some land of the aforesaid partition Suit No. 788..Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
.... frequently found clause was that a particular decision shall be final, but it is settled law that such a clause does not restrict the power of the Court to issue certiorari either for jurisdictional defect or for error of law on the record. Such a clause means simply that there is no right of appea......nd this jurisdiction is preserved and cannot be taken away. 10. Mr. Anwarul Huq Chowdhury, the learned Deputy Attorney-General canvassed that (1) the petition has not been filed by the aggrieved party (2) transfer of a case from Special Tribunal to Special Martial Law Court is permissible by re..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......ian No. 2184 Plot No, 2594 measuring 11.97 acres. This land has been recorded in SA. Khatian No.1 in the name of the Deputy Commissioner. In this application Bangladesh has been impleaded as opposite party No.1 and Sailuddin Sardar, Golam Rabbani and Ramjan Ali, the three brothers of Ruhul Amin have..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......nt or memorandum of appeal: (1)In every suit in which a Court fee is payable under this Act or the plaint of Memorandum of appeal the Court shall on the date fixed for appearance of the opposite party or as soon as may be thereafter and in every case before proceeding to deliver judgment record..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
.... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ......he defendant 'contested both the applications by filing written objections. The learned Munsif by his order dated 19-11-77 allowed the applications for amendment of the plaint and for addition of party but rejected the application under Order 7 rule 11 of the Code. Hence the present Ru..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....on (3) have been complied with. The importance of the provisions of sub-section (3) regarding service of notice would be evident from the fact, that a violation of the sale' provisions is a vital defect and would vitiate the proceedings if it is found to have caused prejudice to any party. In th......rt High Court Division (Criminal Revisional Jurisdiction) Present: Badrul Haider Chowdhary J A.T.M Masood J Amirul Islam Chowdhory J Saber Ahmed and 30 others (2nd party)…………… Petitioner Vs. Amir Hamja & 6 others&hellip..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....on (3) have been complied with. The importance of the provisions of sub-section (3) regarding service of notice would be evident from the fact, that a violation of the sale' provisions is a vital defect and would vitiate the proceedings if it is found to have caused prejudice to any party. In th......rt High Court Division (Criminal Revisional Jurisdiction) Present: Badrul Haider Chowdhary J A.T.M Masood J Amirul Islam Chowdhory J Saber Ahmed and 30 others (2nd party)……………Petitioner Vs. Amir Hamja & 6 others&hel..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....0/00 ought to be held as a loan. I do not find any substance in this contention. P. W. I himself stated in cross-examination that annual rental was fixed at Rs.5/-. 15. I find no error of law or defect in procedure to interfere with the decision of the court of appeal below. Accordingly, the ap......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ......resented within 30 days from the date of service of the order, lie to the Commissioner. (2) The provincial Government may, at any time, either on its own motion or on application by an aggrieved party, revise any order passed by the Deputy Commissioner under section 3, where no appeal has ..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)
....s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124. ...... rejected the contention observing that the Chairman of the Labour Court could not compel the member to give his advice and that since the advice of the Members was to be given in the interest of the party he represented his advice could not be held to be mandatory but it was to be treated as direct..Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
....e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ......ommissioner of Income Tax Chittagong Zone, Chittagong Vs. The Consolidated Tea and Lands Co. Ltd., in 1977 Bangladesh Tax Decisions page 212. The Division Bench of this Court to which one of us was a party answered the question of law in the following terms: “In the facts and circumstance..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ......oyee amounted to his dismissal from service since it was resorted to by way of punishment. In the case of Md. Ismail Hussain, (1975) 27 DLR 354 a Division Bench of this Court to which one of us was a party held that the reversion of a temporary Circle Officer (Revenue) made mala fide amounted to red..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ......oyee amounted to his dismissal from service since it was resorted to by way of punishment. In the case of Md. Ismail Hussain, (1975) 27 DLR 354 a Division Bench of this Court to which one of us was a party held that the reversion of a temporary Circle Officer (Revenue) made mala fide amounted to red..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ......ction) Present: Abdur Rahman Chowdhury J Dr. Rashiduddin Ahmed.....................................Petitioner Vs. Dr. Quamarunnahar Ahmed.............................Opposite party Judgment January 20, 1978. Result: The rule is disposed of. Lawyers I..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ......of res judicata is that a case which has been decided by a competent court shall not be brought before another court by the same parties, for if such case is allowed to be fought again the successful party will be put to harassment and there will foe no end of legal battle. A case must be decided fi..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
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. ......has been filed on behalf of the defendant Nos.1, 2 and 3 for staying the proceedings of the suit and for directing the plaintiff to act in terms of the Arbitration Clause as stipulated in the charter party. The plaintiff has contested the application by filing an affidavit in opposition to which the..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)
....o;The grant of probate for letters of administration may be revoked or annulled for just cause. Explanation-just cause shall be deemed to exist where- (a) The proceeding to obtain the grant were defective in substance, or (b) The grant was obtained fraudulently by making false suggestion o......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 ..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......l. XXV, page 440. In the case repeated I.L.R. IV page 865 the view has been taken that the Magistrate is not justified in forfeiting a re-cognizance under Section 502 of Act X of 1972 unless the party charged with a breach of the peace has had an opportunity to cross examine the witnesses ..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1