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Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......ed in: 31 DLR (HCD) (1979) 66. ......pector Police Lines. Barisal to depute a police party consisting of 9 Constables, one naik and one Head Constable for. 15 days to O.C. Charfasson P.S. to maintain peace and order regarding the landed property of Jadu Gopal ShahaBhowmick in Charmaya. J.L. No. 126 and in Faridabad. J.L. No.77 under Ch......proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......pector Police Lines. Barisal to depute a police party consisting of 9 Constables, one naik and one Head Constable for. 15 days to O.C. Charfasson P.S. to maintain peace and order regarding the landed property of Jadu Gopal ShahaBhowmick in Charmaya. J.L. No. 126 and in Faridabad. J.L. No 77 under Ch......e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
....use of the requirement of presence of community of interest amongst the parties to a suit for partition a stranger could not be impleaded even when his presence was found necessary for doing full and complete justice to the parties in one action. Widely, prevalent practice of henami transaction in o......man J
Abdul Majid Howladar…………….Defendant-Appellant
Vs.
Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others………………Plaintiff-Respondents
Judgment
J......1 including the suit land,-but defendant No. 1 got the suit land released and paid rent for the same.
4. Defendants Nos. 2 and 3 contended that Mujahar was the real auction purchaser of the suit property and he got the sale certificate and obtained delivery of possession in the suit land. Their...... the plaintiff has right to a share therein involve the constructivism of some document in respect of the suit properties or any of them in which the stranger is or claimed to be interested and or an adjudication that some document or transaction in respect of such properties or any of them is void,..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....he chemical examiner and to further show that during this long period of one year the articles were in safe custody without any chance of their being tampered with. But, the prosecution appears to be completely silent over this long unexplained period. 5. It is of the greatest importance in a c...... just delivered by my learned brother Afzal, J in the case, I would like to add a few words of my own on some aspect of the chemical examination. 2. Facts of the case have been very ably set out and discussed by my learned brother and it is not necessary to go into those, section 510 ......oubt about the post mortem examination at the Dacca Medical College Hospital inasmuch as P.W. 14 the Doctor did not say that he was a Doctor attached or that hospital or that he was authorized by the proper person to hold the post-mortem examination. True, the witness has not said anything on this p......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....atter to the Central Government whose order upon such reference is final. No such provision has been made by the Proclamation or Regulation. 74. We have already found that present Martial Law is completely different from that of 1958 or 1969. The constitution has not been abrogated; only certai......(SC) 237; Asma Jilani PLD 1972 (SC) 139; Abdus Shukoor (1976) 28 DLR 441; Majibur Rnhman (1977) 29 DLR (H D) 141; Malik Mir Hassan PLD 1969 Lah, 786; Anisminic Ltd, 1969 (2) Appeal Cases 147; Kefhabananda AIR (SC) 461; Actoan Afzal (1969; 21 DLR (SC) 123; State of West Bengal Vs. Anwar Ati AIR 1952 ...... is of no legal effect and for directing the respondents not to execute the sentence pending hearing of the Rule add for such other or further order or orders passed as to this Court may seem fit and proper. This rule was issued on 14-4-1978 and it has been fixed for hearing on 27-4-1978. 2. Fa....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
.... out and that the name of any person who ought to have been joined, whether as plaintiff or defendant or whose presence before the Court may be necessary in order .to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit be added. (3)No...... This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......n each of the proceedings. 2. One Rahul Amin Sardar filed an application under section 143A of the State Acquisition and Tenancy Act for correction of record of right in respect of the properties mentioned in the schedule to the application. It is khatian No. 2184 Plot No, 2594 measur...... 10. Mr. Shahid has finally contended that the addition of parties is necessary for avoiding multiplicity of proceedings. This is being the question. Since section 143A does not permit adjudication of the alleged right of easement, there is no question of avoiding multiplicity of proc..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ....... This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......ew expressed in A.I.R. 1943 Madras 698 (F.B.) and observed: “The decree of the High Court here in so far as it held that the mortgage money can be recovered only from the half share in the properties Was also a decree in favour of the respondents as it did not allow the claim of the appel......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ..Category: Procedural Law | Date: 21 Apr, 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. ......as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......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. ......nnot be, read to be the same as the other. An order passed under section 8B of the Court fees Act cannot be included into the category of a decree because of the fact that there was no adjudication and extermination of the rights of the parties and the same has not been expressly incl..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
....le the questions involved in the suit. I, therefore, find that opposite parties Nos. 6-11 who were added as defendants in the suit are not necessary or proper parties for the purpose of effective and complete adjudication of the issues involved in the suit and as such, the impugned order cannot be s......Chowdhury J.-This rule is directed against an order passed by the learned Munsif allowing opposite parties Nos. 6 to 11 to be added as defendants in this suit.
I have heard the learned Advocates and perused the impugned order, the petition and the counter affidavit on record. The records of the......he counter affidavit on record. The records of the case were not called for.
2. Short facts leading to this rule are that the plaintiff petitioner instituted a suit for declaration that the suit property was not enemy property, that it was the khas property of the Wakf Estate of which the plain......estions involved in the suit. I, therefore, find that opposite parties Nos. 6-11 who were added as defendants in the suit are not necessary or proper parties for the purpose of effective and complete adjudication of the issues involved in the suit and as such, the impugned order cannot be sustained ..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......Jurisdiction) Present: S. M. Mohsen Ali J A. T. M. Afzal J Badrunnessa..........................................Petitioner Vs. Vice-Chancellor, University of Dacca and others....................Respondents Judgment April 13, 1978. Result: The R...... alleged infraction under the circumstances delineated in the affidavit-in-opposition, is really a matter which involves an academic issue rather than legal. He has submitted that it is only just and proper that the University should be left alone in such matters Jo decide its own course in the inte......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....here with their families. Certified copy of the evidence of P. W. 1 has been produced before me by the learned Advocate for the petitioner. By the proposed amendment, the plaintiffs have introduced a completely new case alleging that the suit property actually belonged to one Mariam khatun who paid ...... High Court Division (Civil Revisional Jurisdiction) Present: Abdur Rahman Chowdhury J Haji Nurul Islam.........................................Petitioner Vs. Ashraf Ali and others..................................Opposite Party Judgment April 7, 1978. R......suit for permanent injunction against the defendant petitioner and others. The suit was contested by the defendant-petitioner. Plaintiff's case was that they were owners in possession of the suit properly and the defendants have been threatening and interfering with the possession of the plainti...... 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. ..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)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......bsp; ....... 160/1973 posing the question as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing up formal proceeding and passing of the initial order under section 145(......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ..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)
....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......bsp; ....... 160/1973 posing the question as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing op formal proceeding and passing of the initial order under section 145(......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ...... Result: The appeal is allowed. Cases Referred To- Kumir Mondal Vs. Pramatha Nath Chowdhury (1962), 14 DLR 801; Alimuddin Munshi Vs. Mainuddin Talukdar (1962) 14 DLR 725; Kumir Mondal and ors Vs. Pramatha Nath Chowdhury and ors (1962) 14 DLR 801; 17 DLR (SC) at 392; Aminuddin Biswas ......ith of her evidence may be to show that the presumption has been rebutted.” The learned Subordinate Judge has not adverted to this case, though relied on by the learned Munsif. For want of proper approach to the material question in the matter and non-appreciation of the evidence on the r......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....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. ...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......hough it is called a mortgage, and though it will be convenient to follow the nomenclature used in the document itself and in the pleadings and judgments in the Courts below, is not a mortgage in any proper sense of this word. It is not a security for the payment of any money or for the performance ......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
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....tice or pay in lieu thereof. The expression 'after the expiry of the period of his probation' gives the impression that sub-Regulation (ii) only deals with the cases of the employees who have completed the period of probation, but there services are yet to be confirmed. This impression, howe......ed by Mian Abdul Gafur, Advocate-on-Record - For Appellant (In Civil Appeal 62 of 1978). Dr. Ahmed Hossain, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record - For Respondents 1 and 2 (In both the appeals). B. Hossain, Advocate-on-Record - For Respondent No.3 (In Civi......ugned orders were legal and valid; and as there was no blame or stigma in the said orders, no show cause notice was necessary. 5. Decision on the question raised in the appeals mainly depends on proper interpretation of Regulation 12(ii) of the Bank's Staff Regulation. Contention of th......ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
...., any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.……&hell......that the said Council when established shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property and shall by the said name sue and be sued. It may be noted that these ingredients and auth......, any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
.... by the customs officer.”
The last contention of Mr. Rafiqul Haque, this learned Advocate is that the notification dated 5. 12. 62 is in his favour because the Hydrant Sprinkler Plant is a complete plant, and forms an integral part of the machineries used by a jute manufacturer for its in..................Respondent
Judgment
February 17, 1978.
Result:
The application is rejected.
Lawyers Involved:
Mozammel Hoque Bhuiyan—For applicant.
Rafiqul Haque and T. Islam—For Respondent.
Application No. 169 of 1972.
Judgment
K. M. Subha......exempted under Notification No. SRO 1302(k)/62 dated 5.12.1962. It has also been stated in the affidavit-in-opposition that the questions as framed, are not questions of law, but even if it is framed properly the order of the Income Tax Appellate Tribunal is to be upheld.
5. Mr. Mozammel Haque ......ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......sion (Civil Appellate Jurisdiction) Present: K.M. Subhan J Abdul Momith Chowdhury J Shnmsul Huda....................................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Result: The appe......e is clearly illegal. The learned Advocate has extensively argued that in so far as the question of the suit being barred under the provision of section 42 of the Specific Relief Act is not properly appreciated and a wrong Interpretation has been sought to be given by the learned Advocate ......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
.... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ......No. 60 of 1977. Judgment M.H. Rahman J.-In this application under Article 102 of the Constitution the petitioner has challenged an order, dated 17.2.75 of the Collector of Customs and Excise, Dacca in Appeal No. 4 of 1975 confiscating the imported goods claimed by the petitioner ...... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ......harge, Kotwali P.S. and Superintendent of Customs, Airport, Dacca to seize the documents and release the goods in his favour. After failing in his attempts to get the goods released he applied for an adjudication of the matter. The Deputy Collector of Customs and Excise, Dacca heard the matter and o..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
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