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Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
.... cause of action respecting which had arisen during the pendency of the suit. He would not be prepared at this stage to dismiss the suit on this technical ground and to direct the appellant to file a fresh suit.” 8. In a recent case though on different premises a similar question arose wh......bordinate Judge taking the fact as it is held that although the kabala was registered on 19.11.74 the pre-emption case was heard and disposed of thereafter on 27.3.75 and the defect was cured and the application for pre-emption is quite maintainable and not premature. 5. Mr. A. Hasib, the learn..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....der section 24 of said Act even though it is not a suit He first relied upon the case of Thakur Prasad Vs. Sk. Fakirullah and another 22 Indian Appeals 44. In that case, the bar of bringing fresh suit in the event of the withdrawal of the first suit without leave of the Court to bring fres......sp;of the Non-Agricultural Tenancy Act, 1949, should not be set aside. These Rules are disposed of by this judgment. 2. One Md. Khorshed Ali as pre-emptor, on or about 20th December, 1973, filed applications for pre-emption under section 24 of the Non-Agricultural Tenancy Act 1949 aga..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
.... their measurements, capacity, costs and years of construction. All on a sudden the respondent No. 2 revised the valuation of the holding at the Godnail Depot of the petitioner under rule 10 and made fresh assessments for the said 16 years, that is, 1957-58 to 1972-73 on the ground that valuation of......imited. ......................................Petitioner Vs. Assessing Officer, Narayanganj Range and others..........Respondents Judgment September 1, 1977. Result: The application is allowed and the rule Nisi made is absolute. Lawyers Involved: Altaf Hossain..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
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. ...... “21. Making of repairs and taking of measures for the maintenance of Essential services by the Tenant on the failure or neglect of the landlord to do so- (1) The controller shall, on application made to him in this behalf by any tenant in possession of any premises, cause a notice t..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. ......o unwary converters, and hence the plaintiff brought this suit for permanent injunction and for damages for infringement of registered trade mark. 3. After filing the suit the plaintiff filed an application for a temporary injunction. Defendant No.1 entered appearance and filed written objectio..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....l and made the following order: "That the appeal be allowed on contest without costs. The judgment and decree of the learned lower Court be set aside and the suit be seat back on remand for fresh trial in the light of the observation made above on condition of payment of Tk. 500 (Taka five......t Division in Civil Order No. 69 of 1976). Judgment Debesh Chandra Bhattacharya J. - This appeal by special leave is against an order of a Bench of the High Court Division, allowing an application under section 115 of the Code of Civil Procedure made by the respondent, without is..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
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. ...... 4, by a mandatory injunction, to transfer the petrol pump agency to the plaintiff. Being aggrieved, defendants Nos. 1 and 4 challenged the judgment and decree in these two separate appeals. On their applications the two rules have been issued staying the operations of the impugned decree. 7. M..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....e highest bidder at Tk.38 lacs. It is stated that the petitioner approached respondent No.1 that the amount had gone too high and it would be unworkable and accordingly suggested that there should be fresh auction. The petitioner mentioned that he wanted to see books of account of the previous years......d time and respondent No. 4, M/s. Fairways Corporation took the lease at Taka 22 lacs, 51 thousand on 1.9.76. Then it is submitted that the petitioner could have ventilated his grievance by making an application under rule 47. As for the notice issued by the S. I. of Police and his subsequent arrest..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
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 ...... 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 96 of the State Acquisition and Tenancy Act. ..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
....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.
...... seems that the detaining authority has not properly applied its mind to the facts of the case.”
With respect we are in full agreement with this judgment but this decision has no manner of application in the context of the contention that has been advanced by Mr. Latifur Rahman.
9. I..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
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. ......e of the statute itself. There is no embargo in the State Acquisition and Tenancy Act that the right of pre- emption shall stand forfeited if a disqualified person is joined with the pre-emptor in an application for pre-emption…………..(7) Section 96 of the Ac..Category: Property Law | Date: 9 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 ...... 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. The appellant filed an application under section 263 of the Succession Act, 1925 for revocation of the probate gr..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
......ely, the house at 126, Gulshan Avenue vide Annexure "D".
3. The respondents contested the Rule by filing affidavit-in-opposition which mainly deny the allegation that there had been no application of mind. It is stated that all opportunities were given to the petitioner but the petiti..
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. ....... 5. 59 under the T.I. Act. This land was finally acquired on 23. 6. 60. The Deputy Commissioner assessed compensation of this land at Tk. 8,286.12 but the respondents did not accept it. They made an application before the Court constituted under the Land Acquisition Act, 1974 for determination of a..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....n Sana 14 DLR (S.C) 96 is attracted in the present case, whether the said order of discharge is required to be set aside by a superior court, whether such ; order of discharge operates as a bar to fresh investigation by the police into the case, as to submission of charge-sheet and whether the o......bul Hossain Sana under section 253 of the Code, 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 disc..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)
....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. ...... Petitioner. M.M. Hague, A.A.G. with QuaziShafiuddin A.A.G.—For the Respondent No.1& 2. Writ Petition Nos. 351 & 359 of 1976. Judgment Ruhul Islam J.–These two applications were heard analogously as same questions of fact and law are involved, and the same are..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
....de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......ll the cases). Shah Azizur Rohman, with M. Golam Rabbani—For Respondent No. 2 (In 201, 209). Writ Petition Nos. 201, 209 and 211 of 1977. Judgment Rnhul Islam J.-These three applications were heard analogously as common question of law is involved therein. In Writ Petition ..Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
.... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ...... not turn up.” Therefore, the matter was adjourned, for the appearance of the Government, on 8 different occasions and then finally on 30-12-72 the suit was decreed ex parte. 3. Thereafter, an application under order 9, rule 13, was filed by the said Government Pleader. In the first two parag..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)
....not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ...... that the employee was permanently disabled on 14-11-74. Out of the said amount under award Tk. 2, 100/- was deposited in the court earlier by the appellant. Thus case having been allowed exparte, an application under Order 9 rule 13 was filed before the learned District Judge. The learned..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ......in case No. 1696a 1/67 under section 167(8) and (81) read with section 19 of The Sea Customs Act, 1878. The petitioner was acquitted in that case. The Govt. preferred a revisional application before the learned Sessions judge, Dacca against the order of acquittal passed by the le..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
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