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Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)
....e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ...... Judgment December 9, 1977. Result: the Rule is made absolute. Lawyers Involved: Mohammad Habib Ahmed—For the petitioner. Rafiqur Rahman—For opposite party. Criminal Revision No. 702 of 1975. Judgment A. S. Faizul Islam Chowdhury J.-Th..Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1
....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.
......raph 5 of The Enemy Property (Lands and Buildings) Administration and Disposal Order, 1966. It was correctly observed by Cheif Justice Siddiky, (Addul Hakim. J. agreeing), who was incidentally a party to the judgment under appeal, on construing the provision of rule 182 of the Defence..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....then the purchaser-petitioner has been possessing the case land in his own right. So the case is barred by principles of estoppel, acquiescence and waiver. He further alleged that the case is bad for defect of parties and is barred by limitation. 3. Before the trial Court the question of defect......transfer.” Mr. Hasib also relied upon a single Bench decision of the case of Abdur Rahman Vs. Baser Ali and others reported in 21 D.L R. (Dacca) 529. In a recent decision where I am also a party a Division Bench of this 'Court in the case of Md. Nurullah Patwari Vs. Golam Hossain Chow..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 ...... at the instance of the purchaser Md. Ibrahim Hossain and Civil Rule No.1176 of 1976 at the instance of purchaser Mst. Delwara Begum, wife of Md. Ibrahim Hossain were issued calling upon the opposite party No. 1 pre-emptor Md. Khorshed Ali to show cause, why the judgments and orders dated 6.5.76 pas..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
.... the petitioner holding at Godnail with retrospective operation. 14. So far as the assessments for the years 1963-64 to 1969-70 are concerned, the relevant impugned orders suffer from additional defect. It appears from the affidavit-in-opposition that for these years assessment was made after t......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. ......l District Judge as the final Court of facts was fully competent to decide the case himself as the evidence on record was sufficient to enable him to come to a final decision without entailing on the party’s unnecessary trouble and expenses of a de novo trial. 13. Having found that the or..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....eal and could make the application on her own behalf if not on behalf of her son, who was already a minor. But the question is whether the order of the High Court Division made on the basis of such a defective application may be held to be without jurisdiction or can be held to be without lawfu...... of the High Court Division, allowing an application under section 115 of the Code of Civil Procedure made by the respondent, without issuing a Rule upon the appellant, who was the sole opposite party in the said application, and setting aside an order of dismissal of an appeal preferred b..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. ......reme Court High Court Division (Civil Appellate Jurisdiction) Present: Syed Mohsen Ali J Siddique Ahmed Chowdhury J Bangladesh.................................Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judg..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. ......hat Exb. 2 was not intended for out-right sale but he insisted on "partnership". In that connection he produced a draft partnership agreement, Exb. F. This document was not signed by either party nor does it bear any date excepting that it was written sometime in "April, 1973" i...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. ......authority, not the Government of Bangladesh contested the Rule. 5. In the affidavit in opposition respdt. No. 1 took a preliminary objection that the petition is bad for non-joinder of necessary party as the Martial Law Administrator, Zone Cand other was not included as a party and in that view..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 ...... 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
....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.
......n No. 214/76 proceeds from an analysis which was also noticed in the case of Kalipada Hazara Vs. Govt. of Bangladesh (Criminal Misc. Case No. 69/77) by another Division Bench to which one of us was a party. It was noticed that unfortunately attention of the learned Judges was not drawn to section&nb..
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. ......esent: Amirul Islam Chowdhury J Bhowal Raj Court of Wards State...........................petitioner Vs. Md. Chand Mia....................................................Opposite party Judgment August 10, 1977. Result: The reference is accepted. Cases R..Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....e case holding by purchase but petitioner No.1 is not a co-sharer in the case holding but a stranger to the case holding. The learned Munsif held that the application was not barred by limitation and defect of parties. Since the pre-emptor No. 1 was not a co-sharer, according to the learned Munsif, ......hers, (1958) 10 D.L.R. 34; Diam Hossain Vs. Haran Das Namasudra, P.L.D. 1962 Dac. 458. Lawyers Involved: Abu Taker Chowdhury—For the petitioner. Md. Ansar Ali–For opposite party. Civil Appeal No. 495 of 1974. Judgment Ranadhir Sen J.—This Rule at the ..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. ...... 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 nephews of F..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
.... entitled to file an application under that section. It, however, contains an explanation that "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 a false suggestion...... M.H. Rahman J Mohd. Mazibar Rahman Mia............Petitioner-Appellant Vs. Naresh Chandra Guha…………………….Principal-Opposite-party Judgment July 29, 1977. Result: The appeal is dismissed. Cases Referr..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
......ubur Rahaman Vs. Government of Bangladesh represented by the Secretary Establishment Division, Dacca & others reported in (1977) 29 DLR 118 a Division Bench of this Court to which one of us was a party has held that rule 7(2) specifically requires that Board shall examine witnesses in support of..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
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. ......person occupying the enemy property is fact in unlawful possession thereof and can legitimately be termed as an unauthorised occupier. Similar view has also been held in a recent case where I am party to the Judgment in Second Appeal No 367 of 1967, there the right intended to be created by vir..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
.... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ......lie where an alternative procedure for appeal has been provided by the Code. The same view has been taken in the case of Azizur Rahman Vs. Janata Bank reported in 28 DLR 252, to which one of us was a party. 6. The proposition of law as advanced by Mr. Shahid Alam, the learned Advocate, cannot b..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
....ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
......ad-interim order that was granted by the Court on 25-7-73. The learned Labor Court on consideration of the facts and circumstances of the case came to the conclusion that the workers union, the first party, would suffer irreparable loss if the temporary injunction is not granted and also noticed the..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
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