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....pondent No.1. B.B. Roy Chowdhury, Asstt. Attorney-General instructed by B. Hossain Advocate-on-Record-For the Added Respondent No.3.
Civil Appeal No.6 of 1976.
(From the Judgment and Order dated 1-2-1969 passed by the Dacca High Court in Writ Petition No.440 of 1967.)
Judgment
D......here doubt arises as to the clear title of the Government to the said land or building because of certain bona fide dispute with regard thereto, inasmuch as it was not the legislative intent that the decision of the Government as to the title to such land or building should be final.
33. It may..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....rties No.1 and 2 Civil Revision No. 1068 of 1976. 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......ause of action on 10.3.73 the day they filed this pre-emption application under section 96 of the State Acquisition Act as such the same is not maintainable in law. Mr. Hasib relied on series of decisions of this Court and .also of the Courts abroad, in support of his contention. He relied upon..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... at the instance of purchaser Mst. Delwara Begum, wife of Md. Ibrahim Hossain were issued calling upon the opposite party No. 1 pre-emptor Md. Khorshed Ali to show cause, why the judgments and orders dated 6.5.76 passed by the learned Munsif 2nd Court, Mymensingh. Sadar, in the proceedings under Ord......itioners relies upon the provisions of 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-Agric..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....e Khan, Advocates—For the Petitioner. QaziShafiuddin, Ass it Advocate general—For Respondent No.1. Petition No. 222 of 1973. In the matter of: Notice being process No.3823 dated 18.5.73 issued by the Assessing Officer, Narayanganj Range, Narayanganj demanding payment of p......e 27th November, 1964, in Appeal No. 9 & 10/NG/UT/64-65. The petitioner, since taking over the business of Burmah Shell, has been paying the Urban Immoveable Property Tax on the basis of the said decision of the Assistant Commissioner. By a Memo being process No. 53000/70/NGR dated the 20th May,..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....ge service and the maintenance of any lift, which such landlord is bound to maintain in the premises under the condition of the tenancy or according to local usage. (2) If within thirty days from the date of the service of such notice the landlord fails or neglects to make such repairs or to take su......quot;Where the Court from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right decision of the suit upon the merits, the Appellate Court may, if necessary, frame issues, and refer..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)
....h A, K. Maintil Huq—For the Rcfpondtni No. 1. Appeal from Original 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, ......ch the plaintiff's Company has been placed can sue or be sued for the alleged infringement of right and the plaintiff - Company is not permitted to sue in its individual character. Relying on the decision of Chowmuhani College Vs. Md. Ismail Hossain (1974) 26 DLR 10 the learned Judge rejected Th..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
.....C. Das, Advocate, instructed by B.C. Panday, Advocate-on- Record—For the Appellant. Ex-parte—the Respondent. Civil Appeal No.51 of 1977. (From the Judgment and Order dated 19-1-76 passed by the High Court Division in Civil Order No. 69 of 1976). Judgment D......shy;cree itself to a competent Court under Order 41, rule 32 of the Code of Civil Procedure and not under section 148 of the said Code." 11. The view expressed in the Pakistan Supreme Court decision referred to above was followed in three Single Bench decisions of the High Court Division o..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....ash;For the Respondent. Appeal from Original 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. ......ents have examined P.W.1 and also produced two cheque Muri books (counter foils) Ext. 1 and 1(a) showing collection of rents from the tenants for the relevant periods and also relied upon the earlier decision of Arbitration Case No. 1836 of 1972 relating to similar land of the case mouza acquired in..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....1040(f)of 1976. Judgment 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 judg......ta falls to the ground. Admission is a strong evidence against its maker since a person is not supposed to make any statement against his own interest. But Mr. Rafiqul Huq has referred to a number of decisions including a decision of this Court reported in 17 DLR 15 wherein it has been observed that..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....2 and 3. Kamahiddin Ahmed—For Respondent 1. Writ Petition No. 551 of 1976. Judgment Badrul Haider Chowdhury J. — This rule is directed as to show cause why the notice dated 16-8-76 issued by the respondent No.1 (Annexure A) should not be declared to have been made wi......itioner was released thereafter. 10. These are the facts which, have emerged from the affidavit as uncontroverted facts. The only thing which has been denied is the responsibility for taking the decision of sending the petitioner to custody. As we have already mentioned for aforesaid reason we ..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
....ment.
2. In Writ Petition No. 267/77 the detenu is Arijitullah Shaikh and the petition has been filed by his mother-in-law Mrs. Anwara Begum. It is stated that the detenu is detained by an order dated 23-3-77 under rule 5(1)(a) of the Emergency Powers Rules, 1975 (Annexure-A). It is further sta......) of the Emergency Powers Rules the detaining authority has passed the order of detention under rule, 5(1)(a) and the detention is, therefore, mala fide.
The learned Advocate has referred to few decisions which will be considered presently.
6. The learned Deputy Advocate General appearing ..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)
....ence 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. (North) Dacca, in Case No. law of 1966. 2. It app...... decided later on. I am of the opinion that he had no right whatever to make the order he did. The proper order would have been for the money which has been deposited to remain on deposit pending the decision by the competent court as to which of the parties was entitled to it. 4. In this view ..Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....e-emptors, the learned District Judge held that the pre-emptors had no knowledge prior to 9.5.72 and accordingly the application having been filed on 13. 5. 72. "is well within the time from the date of knowledge of the petitioners about the transfer in question. Hence, I find that the applicat......elf 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 tenant of the case ..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....i Alam, Senior Advocate, instructed by S.M. Huq, Advocate-on-Record-For Respondent No. 1. Ex-parte—Respondents No. 2-4. Civil Appeal No. 2 of 1977. (From the Judgment and Decree dated 23.1.1974 passed by the High Court Division in S.A. No.35 of 1973.) Judgment Debesh ......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. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
....ner.
Kazi Shafiuddin, Assistant Advocate General—For the Respondents.
Petition No. 78 of 1973.
Judgment
Badrul Haider Chowdury J.-This Rule is directed against an order dated 11-4-73 passed by Mr. M. Rahman, Secretary, Establishment Division, Government of the People&#......ss examine the witnesses examined by the Board.
(6) If after hearing the Government servant concerned and examining his written statement, if any, the Board is of the opinion that for the proper decision of the case it is necessary to allow the Government servant to produce any evidence, oral o..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
....or the Appellant. M. A. Jalil—For the Respondents. 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 C...... no provision for capitalization of the value of trees and that the compensation for the trees will be their market value at the relevant time. In support of this contention he has relied on a recent decision of the Supreme Court in Bangladesh Vs. Abdul Mannan, (1977) 29 D.L.R. (S.C.) 17. In that ca..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
..... B. Roy Chowdhury, Assistant Attorney General instructed by Abdur Rab-I, Advocate-on-Record—For the Respondent. Criminal Appeal No.7 of 1976. (On appeal from the judgment and order dated the 18th November, 1974 passed by the High Court in Criminal Revision No.1173 of 1974) J......der of discharge set aside by a superior court, the case could not be revived for re-investigation under the order of the Magistrate. In support of his contention the learned Counsel relied on the decision in the case of Abul Hossain Sana Vs. Suwalal Agarwala 14 DLR (S.C.) 96, same case reported..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)
....Custodian of the Enemy Property the right of the plaintiff if any, or acquired, has ceased to exist with the change of ownership. This, in our view, cannot stand in law. It appears that by the notice dated 9.6.66 marked Ext. 2 issued by S.D.O. Maulvibazar, the pro-defdt. No. 3 the husband of the pla......n is quite lawful and she is therefore, not liable to be evicted as a trespasser. 5. The learned Additional District Judge, 1st Court, Sylhet ort appeal at the instance of Defdt No.2 revised the decision with a finding that in Dayabhaga School of Hindu law a person can take domesticated son-in-..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....overnment of Bangladesh, was given the charge of supervising the work of construction of some Border outposts, and while he was serving in such capacity the petitioner received an order of suspension dated the 7th July, 1973 passed by the Chief Engineer, Building Directorate, Bangladesh Secretariat,...... enquiry only in a case where penalty of dismissal, removal or compulsory retirement from service imposed upon the government servant is set aside or declared, rendered void in consequence of or by a decision of a Court of law. Only in such circumstances the authority concerned on consideration of t..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
....clared elected as Chairman of No 10 Umednagar Union Parishad under Police Station Baniachong, District Sylhet on 25th January, 1977 and if was duly published in the Bangladesh Gazette (Extraordinary) dated 19th February, 1977 After the publication of the- result respondent No. 2 filed an election pe...... granted an order of ad-interim injunction. The petitioner contested the said application for injunction, contending inter alia, that the Election Tribunal is not competent to grant injunction as per decisions of the High Court. Election Tribunal, however, found it a fit case for granting injunction..Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5
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