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Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....on of the deity and the worshippers approved such a transfer, and there is no sanction in Hindu Law for the transfer for consideration of the abode of the deity or a part of it to a stranger even for legal necessity. 9. In that case S.C. Deb, J observed that it is wholly wrong to say that the c...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....he meantime was married. But she was also sonless Subhadra obtained a patta with respect to the suit land from her mother. The patta is a collusive document and without consideration and there was no legal necessity for Jatri to transfer the same to Shubhadra. As the same patta has clouded the title......d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... on the other hand had urged that the order of the learned Magistrate dated 21-10-81 directing payment to the opposite parties, being the first party in the proceeding was competent and it was passed legally in exercise of the power conferred on the said Magistrate by law and the said order having b......e Police. A Magistrate need not to decide any title to any property in a proceeding under section 145 of the Code of Criminal Procedure. The Court is same to be retained on delivery—a kind of a status quo in contradiction to any finding as to any right to possess which meant ultimate title to ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
.... Mohsen Ali J Erfan Ali…………………………………Appellant Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur & others…………… Respondent Judgment ......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....at of running several other public statutory bodies before the liberation of Bangladesh. The nationalised banks, in their structure and organisation, were concerned to be public statutory bodies. The legal character of these public statutory bodies, their structures, the methodology of their functio......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
....he provisions of the said Act. It was further case of plaintiffs that no compensation assessment roll has been prepared and published in respect of the suit land as such the order of acquisition is illegal, void and not binding upon the plaintiffs. Plaintiffs filed an application under Order 39, rul......the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....l would arise only after the death of Jalada Devi. As to the substitution of the heirs of Digindra the High Court Division considered section 222 of the Succession Act as a bar to substitution of the legal representative of the deceased executor. In this view of the matter it was observed: “Henc......urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....al Sessions Judge ultimately took cognizance against the petitioner and straitaway framed a charge against him. The question for consideration is whether the Additional Sessions Judge could legally and properly take cognizance against the accused petitioner in the facts and circumstan......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....ccused petitioner was also not being tried before a separate Tribunal altogether. He was being tried by the same Court. As such revival of proceedings against him in respect of the same offence was illegal and without jurisdiction. Cases Referred to- Abdul Hossain Sana Vs. Suwalal Agarwala......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
....te— For the Appellant. A.N.M Shahidulah, Advocate— For the Respondent. Second Appeal No. 303 of 1974. Judgment MH Rahman J.—This appeal is by the heirs and legal representatives of defendant No.1. 2. The plaintiffs case, in brief, is that the properti......nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
....he lessee became a monthly tenant under the provisions of the Transfer of Property Act as well as under the Premises Rent Control Ordinance; that the arbitrator misconducted, and that the award was illegal and without jurisdiction.
7. The learned Subordinate Judge dismissed the two suits, Title......dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
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Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....all loss and damage arising from such default shall be recoverable from the plaintiffs "together with interest @ 2% per annum and if there is default by the defendant No. 2 in the execution of a legal transfer or in delivery of the vessel and all her stores in the manner and within the tim......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....gum voluntarily went with the accused appellants as it will be evident from the letters Exts. A-A3 written by P.W.2 Ferdousi Begum, that the intention of the appellants was to get P.W.2 Ferdousi legally married to accused appellant Abdul Quddus as she was above the age of 16 years and not to fo......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... The will, if any as alleged by the plaintiff was fraudulently and collusively created with a view to defraud the creditors. The clause restraining the legatees from transferring the properties was illegal and void. According to him, the bequest was absolute and complete by itself and the reser...... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
......ationalized enterprise or company is submerged into that of the Corporation.”
It was observed in the second case that:
“There cannot be any hard and fast rule in determining the status and character of a nationalized company or enterprise, which has been placed under one of the..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
....vil Procedure Code and Court has to discharge this exceedingly delicate and responsible duty with utmost caution. Though service of notice on the other side before appointing a Receiver is not a legal requirement it would be expedient to issue such notice on the opposite side, before appointing......Court concerned. While appointing a Receiver under Order 40, rule 1, C.P.C. the Court does not arrive at any final decision on the merits of the case, but its object is only to preserve the status quo ante during the litigation………..................(7 & 8) Lawy..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
....nal Officer, Jamalpur, in Case No. 56-EP/70-71, purporting to take possession of part of C.S. Plot No 14, Khatian No. 22 of Mouza Narayanpur had been passed without any lawful authority and was of no legal effect.
5. It is the petitioner's case that he along with his mother, wife and childr......79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
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Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....ed by the petitioner that under the direction of respondent No. 2, Sherpur P S. Case No.14, dated 26.10.78 under MLR 12 of 1975, was started against the petitioner on the allegation that he grabbed illegally government land at mouza Narayanpur in plot No. 14, Khatian No. 22 measuring 29 acres. The p......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....nd dismissal of the Zilla Board employees engaged in projects of works programme the dismissal of the petitioners from their services by the Chairman of Zilla Board cannot be said to have been made illegally and without lawful authority. The Local Council Servants (Efficiency and Discipline) Rules, ......scale of pay of the Executive Engineer and the Additional Deputy Commissioner is the same. Pay is not the only criteria for determination of rank between two persons. The word 'rank' connotes status or gradation of a person. It has a reference to a person's classification or class. It is..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....her grounds, mainly argued that the impugned order was passed without the approval and knowledge of the President of Bangladesh as required under the law and as such the impugned order was ex facie illegal. He has further argued at length on malafide and submitted that it was passed in colourable ex......etariat. (28) Making of Rules regulating the appointment and conditions of service or persons in the service of the republic. 6. Officer's visit abroad (a) Officers of the rank and status of Secretary/Additional Secretary other than Secretaries and Additional Secretaries in charge..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
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