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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     ......aced the relevant provision of law to contend that the learned District Delegate had no jurisdiction to entertain an application for revocation of a probate, According to him; it is only the District Judge who can entertain a petition for revocation of the probate. Mr. Khandaker Mahbubuddin Ahm..

Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8

A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)

....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......r State. Criminal Revision Case No. 368 of 1975. Judgment Faizul Islam Chowdhury J.- This Rule is directed against the order dated 25.2.75 passed by Mr.A.B. Sorkar, Additional Sessions Judge end Ex-officio Special Judge, Faridour in connect ion with Special Case No.4 of 1972. 2. ..

Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1

Md. Abdur Rasheed Vs.

....tiff is still in service. In the result, the appeal is allowed with costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 231.   ......Respondents. Second Appeal No. 79 of 1970. Judgment M. H. Rahman J.—This is a second appeal. The appellant, Md. Abdur Rasheed, filed Title Suit No. 36 in the Court of Subordinate Judge, 1st Court, Dacca for a declaration that the order dated 22. 2. 66 of the Deputy Director of P..

Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2

Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)

....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230.     ......Judgment Siddique Ahmed Chowdhury J.- This Rule at the instance of the purchaser Aftab Miah is directed against the judgment and order dated 29th November, 1975 passed by the learned Subordinate Judge, 2nd Court, Sylhet in Misc. Appeal No. 178 of 1975 arising out of the pre-emption proceeding u..

Category: Property Law | Date: 25 Nov, 1977 | Hits: 2

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.     ......th Civil Rule No.1021 (sm)/74 and Civil Revision No. 345 of 1975. Judgment Abdur Rahman Chowdhury J. - This appeal arises out of an order of remand pasted by the learned Additional District Judge setting aside the decree passed by the learned Munsif and remanding the suit for rehearing. ..

Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1

Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)

.... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244.   ......ginal Order Nos. 217 & 218 of 1977. Judgment M. H. Rahman J.—These two appeals have arisen out of the order dated 20.4.77 passed by Mr. Anisul Haque Choudhury, Additional District Judge, Special Court No. 2, Dacca in Title Suit No. 4 of 1977 rejecting the plaintiff's prayer f..

Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8

Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)

....t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ...... behalf of the appellant and admitting certain documentary evidence the suit was decreed ex parte. 3. Defendant No.1 filed an appeal being Other Appeal No.53 of 1974 in the Court of the District Judge against the said ex parte dec­ree. Defendant No.1 having died pending the said appeal, Res..

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.   ......l Order No. 356 of 1976 Judgment Siddique Ahmed Chowdhury J.-This appeal is at the instance of the Government against the Judgment and award dated 17-4-75 passed by the learned Subordinate Judge and Arbitrator, Dacca in Arbitration Case No. 1833 of 1872. 2. The Government acquired 64..

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.       ...... Shahabuddin Ahmed J.— These two appeals and these two rules have been heard together as they arise from the same judgment and decree being judgment and decree dated 12.6.76 of the Subordinate Judge, 3rd Court, Chittagong in Other Suit No. 3 of 1975. This judgment will dispose of them all. ..

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

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   ......ltaf Hossain—For the Defendant-Respondent. Civil Revision No.712 and 713 of 1973. Judgment Ranadhir Sen J.-These two Rules are directed against two orders of the learned District Judge in respect of two appeals arising out of two applications for pre-emption under section 9..

Category: Property Law | Date: 15 Aug, 1977 | Hits: 3

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

....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.   ......he 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 2, clause (viii) of the Emergency Powers Act which gives vires ..

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.     ......udgment Amirul Islam Chowdhury J.- This is a reference under section 438 of the Code of Criminal Procedure (hereinafter referred to as the Code) made by Mr. Md. Ibrahim, Addl. Sessions Judge, Dacca, recommending for setting aside the order dated 27.10.70 passed by Mr. M.A. Hye, S.D.O...

Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2

Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)

....rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75.         ......sociating with himself a stranger to the case holding has forfeited his right of preemption. So, I find and hold that the Misc. case is not maintainable in law. 5. On appeal the learned District Judge reversed the decision of the trial court holding that pre-emptor No. 1. being not a co-sharer ..

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. ......whose death the plaintiff obtained the land exclusively in his share on the basis of an amicable parti­tion with his co-sharers. 5. On appeal the Second Court of the Addi­tional District Judge, Dacca, reversed the find­ings of the trial Court on holding that Faizuddin Haji acquired ..

Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113

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   ...... Appeal from original decree No. 233 (Probate) of 1970 Judgment M. H. Rahman J.- This appeal is directed against the judgment and order dated 30-6-70 passed by Mr. Aminullah Khan, District Judge, Barisal in Misc. Case No. 4 of 1970 arising out of probate cast No. 17 of 1968 there 2. ..

Category: Property Law | Date: 29 Jul, 1977 | Hits: 2

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....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       ......nce with law. In the further affidavit by the petitioner it is stated that the house stood in the name of his wife and she realised rent etc. In Title Suit No. 244 of 1973 in the Court of Subordinate Judge, 1st Court, Dacca it was decreed that the house belonged to Mrs. Hasina Begum, his wife. The G..

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.   ......ents. 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 To..

Category: Property Law | Date: 18 Jul, 1977 | Hits: 2

Abdur Rahman Vs. The State, 1977, 6 CLC (AD)

....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.   ......ode, without recording any evidence, but holding, in the words of section 253, that the charge was groundless. The complainant of that case then filed an application in revision before the Sessions Judge with a prayer for setting aside the order of discharge whereupon the Sessions Judge called fo..

Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72

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.   ......ecree No. 208 of 1972. Judgment Siddlqae Ahmed Chowdhury J. - This appeal by the plaintiff Sreemati Tripti Lata Kar against the judgment and decree passed by the learned Additional District Judge, 1st Court, Sylhet in Title Appeal No.411 of 1969 arising out of suit for declaration of the, ..

Category: Property Law | Date: 8 Jul, 1977 | Hits: 2

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. ......own possession in the suit land and the possession of their predecessors Daud Hossain and Insan Sk. in the suit land by any competent and reliable witnesses. 4. On appeal the learned Subordinate Judge reversed the decision of the trial Court and dismissed the suit holding inter alia that the pl..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 2