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Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
..... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ...... Civil Appellate Jurisdiction) Present: Shatiabuddln Ahmed J M.H. Rahman J Mr. Kalimuddin Ahmed.............................Appellant Vs. Federation of Pakistan and others..............Respondent Judgment January 31, 1978. Result: These appe......e consignments were in transit and it was contended that the service of notice under section 77 of the Act and that under section 80 of the Code of Civil Procedure were not valid, proper and legal. 4. On the objection of the defendants 1 and 2, defendant No. 3, Deputy-Collec....... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
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. ...... Revision No.1263 of 1977. Judgment A.R. Chowdhury J.—This rule is directed against an order passed by the learned District Judge allowing the temporary custody of the minor son and daughter of the petitioner to the mother, the opposite party in this rule. 2. I have heard ......ldren which were conditions precedent for the order of interim custody passed by the learned District Judge. Be that as it may, since the main case is pending, it is neither desirable nor would it be proper for me to express any opinion either way at this stage. But, I am satisfied that the order of......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. ..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....owdhury has contended that institution of such a suit against a sub-tenant claiming rent within the knowledge of the sub-tenants immediate landlords will be sufficient evidence that the annulment was complete, in support of this contention he has relied upon a decision of the Calcutta High Court in ......se is also Reported in: 31 DLR (HCD) (1979) 74. ......he purchaser as tenant-in-possession their title was threatened and hence they filed the suit for declaration of their title. It is therefore, not a suit against the sale to the Touzi. The suit is in proper form and is found to have been rightly decreed. 12. Before we conclude we like to observ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....ry has contended that institution of such a suit against a sub-tenant claiming rent within the knowledge of the sub-tenants' immediate landlords will be Sufficient evidence that the annulment was complete, in support of this contention he has relied upon a decision of the Calcutta High Court in ......se is also Reported in: 31 DLR (HCD) (1979) 74. ......he purchaser as tenant-in-possession their title was threatened and hence they filed the suit for declaration of their title. It is therefore, not a suit against the sale to the Touzi. The suit is in proper form and is found to have been rightly decreed. 12. Before we conclude we like to observ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....carriage of salt to Bangladesh. Accordingly, a charter party was signed on 14.7.77 between defendant No.6 and defendant No. 5 acting as the agent of the owner of the vessel (defendant No.2). The ship completed loading of the salt at Bedi Bander in India and sailed there from on or about 3rd or 4th A......Court Division (Admiralty Jurisdiction) Present: Abdur Rahman Chowdhury J Abu Bakr Siddique..........................................Plaintiff Vs. M.V. Aghia Thalassini and others.....................Defendants Judgment December 20, 1977. Result: Th...... is not disputed that defendant No.7 has now by virtue of the transfer; stepped into the shoes of defendant No. 6 and has also been accepted as the charterer by the ship owner (defendant No.2). For a proper consideration of the question raised by Mr. Shahabuddin Ahmed, it is necessary to refer to se......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. ..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 ......e is also Reported in: 31 DLR (HCD) (1979) 97 ......in the will, the learned District Delegate passed certain orders and by the impugned order he refused to return the petition to the filing Advocate for presenting before the District judge who is the proper court according to law. 2. Mr. Md. Nurul Huq, the learned Advocate appearing in support ......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
....n and the proposed lease was subject to the limitation contemplated in paragraph 4 of the Order.
27. In this order also there seems to have been one lacuna which may not have made the order completely without jurisdiction, but indicates the Sub-divisional Officers lack of adequate apprecia......rder as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......High Court of East Pakistan modifying, under Article 98 of the late Constitution of Pakistan two orders of the Sub-Divisional Officer Brahmanbaria, relating to lease of certain lands said to be enemy properties.
2. The Sub,-Divisional Officer, Bhahmanbaria. Respondent No.1, served a notice upon......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.
..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
.... 27. 3. 75 on contest with costs. 4. On appeal at the instance of the purchaser-petitioner, the learned Subordinate Judge dismissed the Misc. appeal. The case made out before the trial Court was completely given go by before the learned Subordinate Judge but only one new but interesting questio......) Present: Siddique Ahmed Chowdhury J Aftab Mia…………………………….................Petitioner Vs. Wahab Ali and others……………..................Opposite parties Judgment ......nbsp;96 of the State Acquisition and Tenancy Act started by the pre-emptors Wahab Ali and Chand Ali. On 26.12.72 one Aftab Ali son of late Badullah executed a kabala in respect of certain landed property in favour of the purchaser petitioner Aftab Mia son of late Mazar Ali. The pre emptorsWahab......e view expressed by my learned Brother in that Civil Rule for the reasons mentioned in my judgment. I have been informed, that the matter is now pending before the Hon'ble Supreme Court for final adjudication. Had I been informed earlier about this, I would not have heard this matter as well as ..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 ......lso Reported in: 31 DLR (HCD) (1979) 407 ......f section 4 read with section 114 of the Code of Civil Procedure in support of his contention and in that connection he also relied on certain decisions which will be discussed in proper places. 9. Section 24(9) of the Non-Agricultural Tenancy Act provides- &l...... 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 ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
.... were not submitted by the petitioner and hence the re-assessments were made under rule 10 of the Rules for the years 1957-58 to 1969-70 and original assessments for the years 1970-71 to 1972-73 were completed on 28th April, 1973 ex-parte on the basis of the returns and statements of oil storage tan......) Present: Ruhul Islam CJ A.T. M. Afzal J Judgment Burmah Eastern Limited. ......................................Petitioner Vs. Assessing Officer, Narayanganj Range and others..........Respondents Judgment September 1, 1977. Result: The applicat...... assesses paid, the tax demanded without any objection. The petitioner, having already paid the tax assessed on the valuation of the oil storage tanks from 1963-64 to 1969-70 which was assessed after proper service of notices in 1970, the objection of the petitioner that re-assessments under rule. 1......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
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. ......Appellate Jurisdiction) Present: Syed Mohsen Ali J Siddique Ahmed Chowdhury J Bangladesh.................................Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judgment August 18, 1977. Result: Th......assessment, the respondents preferred the above Arbitration Case and claimed compensation to the tune of Tk. 3, 88,136/- on the averment that the assessment made by the L A. Collector is not fair and proper inasmuch as the case land is more valuable. 3. On being served with notice under section......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. ..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....#39;s (No, 1) title did not pass to the plaintiff under Exb. 1(a). 21. The learned Subordinate Judge relying on section 54, Transfer of Property Act, has observed that a sale transaction is complete even if its consideration is only promised but not yet paid. Here the question is not payme....... Islam—For Appellant (In F.A.No.16 of 1977). Syedlshtiaq Ahmed with Mahmudul Islam—For Appellant (In F.A.No.17 of 1977). Ahmed Subhan, with Ataur Rahman Khan, Fazlul Karim and Fazlul Huq—For Respondents (In both the Appeals.) Appeal from original decree No...... Court, Chittagong in Other Suit No. 3 of 1975. This judgment will dispose of them all. 2. Defendants are the appellants and the suit was for declaration of the plaintiff's title to the suit property, recovery of possession and for mandatory injunction. The case of the plaintiff, as set out......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. ..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. ......ul Matin Khan Chowdhhury J Md. Ajmal Khan………………………….......................Petitioner Vs. Chairman, Ctg. Pourashava and others……………Respondents Judgment August 17, 1977. ......Mr. Ajmal Khan be released from police custody and for other dues the Chairman was advised to take up a separate case for recovery of other dues payable by M/s. Khan and brothers in this regard under proper section of law. Thereafter the petitioner was released. According to his instructions his law......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
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. ...... Court High Court Division (Criminal Jurisdiction) Present: Amirul Islam Chowdhury J Bhowal Raj Court of Wards State...........................petitioner Vs. Md. Chand Mia....................................................Opposite party Judgment August......) Dacca, by his order dated 9.3.70 dropped the proceeding. 3. Where a proceeding under section 145 of the Code has been dropped two courses are possible. One is to order release of the property from the attachment without directing delivery to either party and the other is to order th......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. ..Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2
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 ...... Court Division (Civil Appellate Jurisdiction) Present: Shahabuddin Ahmed J M.H. Rahman J Mohd. Mazibar Rahman Mia............Petitioner-Appellant Vs. Naresh Chandra Guha…………………….Principal-Opposite-party ......tioner. After failing to recover the amount from the deceased (be petitioner instituted Money suit No. 6 of 1969 in the Court of the Subordinate judge, 1st court, Barisal and prayed for attaching the property in respect of which respondent No.1 obtained the probate. It was alleged that the learned D......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 ..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
......hellip;………………………..Petitioner
Vs.
Secretary, Establishment Division, Government of the People's Republic of Bangladesh and others........................................Respondents
Judgment
July 27, 1977.
......challenge. The petitioner was served with the charge sheet annexure 'B' dated 6-3-73 and was asked to show cause why he should not be recommended for dismissal from service with forfeiture of properties. The charge sheet shows the total assets of the petitioner as Rs. 2,73,415.00 and the net......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. ...... Appeal 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 Imp......s, therefore, got all the powers to order payment of interest on an award independently of the corresponding provision for interest in the Land Acquisition Act. In view of these considerations and on proper construction of the relevant provisions of the two Acts we hold that the L.A. Court referred ...... 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)
....ed to secure that within not more than 24 hours of the arrest some Magistrate shall have seisin of what is going on and some knowledge of the nature of the charges against the accused, however incomplete the information may be within 24 hours which is the maximum limit. Therefore unless a poli...... ...... between a fresh complaint and a revival of the same proceeding. It is true that the difference may appear to be a technical one, but it is not a difference which can altogether be ignored. In a proper case an application for revival may amount to a fresh complaint but barring that we would no......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. ..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....r was referred to the First Screening Board for consideration if proceedings under President's Order No. 67 of 1972 could be started on the results of the enquiry. After the First Screening Board completed the case of Mr. Abu Nasser, Executive Engineer involved in the case, the Establishment Div......ed in: 30 DLR (HCD) (1978) 79. ......arges could not be established and later on the case was referred to the Screening Board under President's Order No.67 of 1972. Allegations against the government servant was that he had acquired properties beyond the known sources of his income and that he tried to conceal certain facts regardi......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
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
.... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ...... High Court Division (Civil Appellate Jurisdiction) Present: Ranadhir Sen J Ibrahim Malitha & others.........................Plaintiff-Appellate Vs. Izahar Ali Mir and another.......................Defendants-Respondent Judgment June 28, 1977. ...... Mr. Abu Taher Chowdhury, the learned Advocate appearing in support of the appeal has placed the judgment of the Courts below and has contended that the judgment of the Court of appeal below is not a proper judgment of reversal. 6. Mr. Anser Ali, the learned Advocate appearing for the responden...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
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