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Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)

....l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......n­nection with the preemption case section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The short question for consideration in this appeal is whether the learned Single Judge of the High Court correctly appreciated the ratio decidendi of the decision of this Court in M..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4

Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)

....ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ...... AM Mahmudur Rahman J. - This Rule arises out of an application under section 115(1) of the Code of Civil Procedure and is directed against the Order dated 28.5.80 passed by the learned Subordinate Judge, 1st Court, Barisal in Miscellaneous Appeal No.15 of 1977 reversing that of the learned Munsif..

Category: Property Law | Date: 3 Mar, 1980 | Hits: 8

P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)

.... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19.   ......na fide use and occupation but his ground for default succeeded both before the trial Court and on revision by the tenant before the High Court Division. The matter was placed before a learned Single Judge of the High Court Division, who on finding some conflicting deci­sions on the question of ..

Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2

Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)

....e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93.   ......o. 1488 of 1979 Judgment delivered A.M. Khan Chowdhary J.- This rule was issued calling upon the opposite parties to show cause why the judgment and order dated 11.12.79 passed by District Judge, Dacca in Misc. Appeal No. 414 of 1979 staying the order of temporary injunction passed by the..

Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10

Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)

....e question of waiver of the right. Both the con­tentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ......he sale and he having not filed any application for pre-emp­tion proceeding his heirs are not competent to start pre-emption proceeding. 7. This question was argued before the learned Single Judge of the High Court Division submitting that since the right derived is an indi­vidual right..

Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1

James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)

.... accord­ingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ......d for deciding the case but as objections were voiced on the ground of other provisions in the Act which, it was claimed, attracted different con­clusions they were also considered by the learned Judges. References were made to sec­tions 28, 33, 34, 35’ (V) (d) and 43 of the Ordinance...

Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3

Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)

....ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432         ......cree Nos. 27 of 1966 and 443 of 1966 Judgment Mustafa Kamal J. - These two second appeals have been preferred against a single judgment of affirmance dated 31.3.65 passed by the Subordinate Judge, Second Court, Sylhet. 2. The plaintiff Dhamai Tea Company Ltd. filed T.S. No. 76/58 in t..

Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1

Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)

....et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430.   ...... Civil Revision No. 614 of 1979 Judgment Shahabuddin Ahmed J.- This rule under section 115 of the Civil Procedure Code calls in question an order dated 30-4-79 of the District Judge Tangail, in Misc. Appeal No. 34 of 1978 reversing an order of temporary injunction passed by t..

Category: Family Law | Date: 30 Nov, 1979 | Hits: 1

Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)

.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34.           ......of a suit for declaration that the plaintiffs are the owners of the property on the basis of a gift and is direct­ed against the judgment and decree passed on 12-2-1975 by the learned Subordinate Judge, 3rd Court, Dacca in Title Suit No. 64 of 1969 (heard analogously with Succession Certificate ..

Category: Property Law | Date: 23 Aug, 1979 | Hits: 3

Kazi Abdul Wahab Vs. Bangladesh, through the Sec¬retary, Ministry of Law and Parliamentary Affairs, Law Division, 1979, 8 CLC (HCD)

....d order. In the result the rule is discharged without any order as to costs. Rafiqur Rahman J. — I agree, Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 332   ......uctures of Government Servants made by the Pay and Service Commission, Law Officers have no place. In some respects the learned Attorney General has pointed out, a Law Officer has been equated with a Judge of the High Court Division. Service Rules in respect of Government Servants, such as Civil Ser..

Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1

Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)

....y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......under the Appellate Side Rules was noted by the Registrar on 11.7.77 reciting that the app­eal as a whole had abated. Against this order an attempt was made to set it aside but the learned Single Judge by his order of 12.4.78 held that the Registrar had recorded the fact of abatement on 11.7.77...

Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95

Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)

....of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80.     ......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80.     ..

Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1

Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)

....of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ...... aga­inst the judgment and decree dated August 18, 1977 passed by a Division Bench of the High Court of Bangladesh in First Appeal Nos. 16 and 17 of 1977 reversing those passed by the Subordinate Judge, 3rd Court, Chittagong in Other Suit No.39 of 1975 and dis­missing the suit. The appellant..

Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103

Nuru Bepari alias Nurul Islam Bepari and others alias Habib Howlader Vs. State and another, 1979, 8 CLC (HCD)

.... accordingly discharged. The order staying proceedings of the case is vacated. A.T.M. Masud J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 241.   ...... Appellate Division is in exercise of power under Article 102 of the Constitution. In the said decision their Lordships of the Appellate Division set aside the order of the learned Sessions Judge because the learned Sessions Judge while exercising has revisional power under the Code of the..

Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1

Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)

....ut having regard to the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 303 ......sons, was issued on 11-11-65. Mr. Azizul Huq when confronted with this situation has tried to fall back on. Annexure 'A' purporting to be the true copy of a certificate issued by the District Judge, Dacca certifying' that the petitioner was a holder of clerkship card for 1965-66 and was ..

Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3

Abdul Matin Vs. Election Tribunal and Munsiff 2nd Court Comilla & another, 1978, 7 CLC (AD)

....y the Polling Officer who shall also stamp the counterfoil with the official mark. (3) The official mark shall be kept secret until the commencement of the poll." “Rule 40(4) The Presiding Officer shall reject a ballot paper as invalid if it bears no official mark or initial of ...... valid which either contained official mark or the initial of the polling officer but not both. In the instant case some such ballot papers were accepted as valid by the Tribunal. 5. The learned Judges of the High Court Division on reading rule 35 with rule 40(4) of the said Rules took the view..

Category: Election Law | Date: 23 Nov, 1978 | Hits: 206

Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ...... challenged before this Hon'ble Court in Writ Petition No. 357 of 1977 whereupon a Rule was issued. It appears that the said writ petition was heard on merit and a Division Bench of this Court by Judgement and order dated 23.8.77 discharged the Rule. The petitioner filed the present application ..

Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1

Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)

.... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ......or Respondent No. 1,  Rafiqul Haque-For Respondent No. 2 Appeal No. 8 of 1975. Judgment Shahabuddin Ahmed J. - This is an appeal from a judgment and order of a learned Single Judge of this Court dated 18-2-75 dismissing a petition for winding up of a Company under section&nb..

Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6

Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)

.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ...... Penal Code fixing the date on 7-12-77. The petitioners appeared before the learned Sub-Divisional Magistrate on 16-11-77 and they were enlarged on ball. The petitioners thereafter moved the Sessions Judge Chittagong for making a Reference to this court for quashing the aforesaid proceedings. The ma..

Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1

Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)

....e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......ty petitioner for setting aside the order dated 11-2-74 and 11-3-74 passed by Mr. K.A. Khan, Magistrate, 1st Class Bhola in M.R. Case No. 120 of 1972 and also the order passed by the learned Sessions Judge Bakerganj on 31-5-74 in Criminal Motion No. 7(2) of 1974. 2. The case of the 1st party pe..

Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1