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Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)

....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86.         ......rty Tax for the years 1957-58 to 1972-73 should not be declared to have been made without lawful authority and of no legal effect. The petitioner instead of filing separate applications impugning the orders of the assessments filed one application impugning the demand notice. The petitioner, however.......M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86.         ...... High Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ A.T. M. Afzal J Judgment Burmah Eastern Limited. ......................................Petitioner Vs. Assessing Officer, Narayanganj Range and others..........Respondents Judgmen..

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.     ......undertake such repairs and after completion of the same submit to the Controller a statement of the cost thereof and the Controller after considering the statement and after further enquiry may by an order determine the amount of costs that the tenant is entitled to recover from the landlord and the......a Murguba Khatoon..............................Petitioner Vs. Dewan Shahifur Reza Chowdhury & another...........Respondents Judgment August 29, 1977 Result: The rule in Civil Revision No. 345 of 1975 is discharged Other is disposed of. Order 41 rule 2......   ..

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.   ......ed with 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 N.......- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244.   ......spondent (In both the Appeals.) Judgment August 23, 1977. Result: The petition is dismissed. Cases Referred to- Chowmuhani College Vs. Ismail (1974) 26 DLRr 10; R. Johnstone Vs. Archi­bald Law Report (AC) Vol. 7 Pak. 219; Full Wood Vs. Chancery Div. Vol. IX, 176; M/..

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. ...... Judgment and Order dated 19-1-76 passed by the High Court 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 o......he Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......emselves to be the heirs left by Defendant No.1 for their substitution in place of the deceased appellant and the said respondents were substi­tuted in place of the said appellant. It may be mentioned that in the said application Respon­dent No.1, Abu Zafar, was shown as major and the said a..

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.   ......e presented after the expiry of one month from the date of the service of the notice on the respondent or his pleader but the right to submit his cross-objection accrues to a respondent as soon as an order is made issuing notice of the date of hearing of the appeal to him and it is not necessary for......ioner-Respondent Judgment August 18, 1977. Result: The appeal is dismissed Cases Referred to- Labhu Ram Vs. Ram Protap, AIR 1944 Lah. 76; S M. Nripjit Ram Vs. Sardar Satinder Singh, AIR 1955 Pun. 190; Dasulal Bhagchand Lal Vs. Narayan Mahadeo AIR 1937 Nag. 105. La...... Present: Syed Mohsen Ali J Siddique Ahmed Chowdhury J Bangladesh.................................Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judgment August 18, 1977. Result: The appeal is dismissed ..

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.       ......aper receipt. Defendant No. 1, who had already sent his family to London, sold away his restaurant at Chittagong, the main source of his livelihood and made all preparation for leaving the country in order to join his family in London and in that connection he sought the plaintiff's help. The pl......ul Islam—­For Appellant (In F.A.No.17 of 1977). Ahmed Subhan, with Ataur Rahman Khan, Fazlul Karim and Fazlul Huq—For Respon­dents (In both the Appeals.) Appeal from original decree Nos. 16 and 17 of 1977, with Civil Rules 1039(f) and 1040(f)of 1976. Judgment ......en defendant No.2, the Military Estate Officer under defendant No.3 threatened to cancel the lease for non-payment of the arrears of rent defendant No.1 faced difficulties in procuring the necessary money to pay the rent. He approached the plaintiff to help him in the matter. Again, Defendant No.1 b..

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 declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceedings are follows:- The Chittagong Paurashava by a notice in the newspaper published that there would be an open auction of as many as 11 Pourashava Octroi posts, namely, Grou......the payment of the cheque is guaranteed on 7th September. 1976 by the Bank, yet for reasons best known to the Chairman. Chittagong Pourashava refused to accept the same and demanded bank draft or pay order vide Annexure-D. The petitioner accordingly has issued a pay order on 4-9-76 being pay order N......gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316.   ......ent: Badrul Haider Chowdhury J Abdul Matin Khan Chowdhhury J Md. Ajmal Khan………………………….......................Petitioner Vs. Chairman, Ctg. Pourashava and others……………Respo..

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   ......For the Opposite Party. Altaf 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 p......llip;……………Opposite Party Judgment August 15, 1977. Result: The two Rules are made absolute. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others 27 OLR 61 (Appellate Division) is evidently distinguishable. The case of Ba...... (Civil Revision Jurisdiction) Present: Ranadhir Sen J Aram Ali Mondal…………………………………Petitioner Vs. Lutfar Rahman Dewan …………………&hell..

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.   ......s judgment. 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 furth......n the matter. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)131.   ......bdul Matin Khan Chowdhury J Mrs. Anwara Begum wife of Mr. Hannan (In Writ Petition No.267/77), Md. Abdu Gafur (In W.P. No.352/77), Anwar Mollah (In Writ Petition No.213/77).................Petitioners Vs. Govt. of Bangladesh and 2 others………………..

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.     ...... 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. (North) Dacca, in Case No. law of 1966. 2. ......cepted. Send down the records at once.   Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4.     ......p;   ..

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.         ......stion. In the circumstances, Mr. Chowdhury has failed to point out that the learned District Judge acted illegally or with material irregularity in the exercise of jurisdiction in making the impugned order. Accordingly, no interference is called for in revision. For the reasons stated above the......n: 30 DLR (HCD) (1978) 75.         ......     ..

Category: Property Law | Date: 9 Aug, 1977 | Hits: 2

Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)

....t of a settled raiyat and in the column of 'rent' a remark has been recorded to the effect "fit for rent but no tran­saction". The Cadastral Survey records of right were finally published in the district of Dacca before the amendment of Bengal Tenancy Act in 1929 when any trans......ge of survey had to record all the particulars and incidents relating to the right of the person in possession of all lands in any local area, estate or tenure in respect of which the survey had been ordered under sec­tion 101 of the Act. It is the record of rights, and not the record of mere po......t there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ...... and for recovery of possession of certain lands, brought by Respondent No.1, was decreed. 2. Respondent No.1 instituted the suit on the allegations that the disputed land originally belonged to one Aftabuddin Sarkar, who gave the land in usufructuary mortgage to one Fdizuddin Haji for a period..

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   ......p;with Md. Shafiqur Rahma-For the Respondent No. 1 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 197...... Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213   ......   ..

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       ......etitioner. 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 Pe...... Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 295       ......rul Haider Chowdhury J Abdul Matin Khan Chow­dhury J Abdus Saleque……………………………………..Petitioner Vs. Secretary, Establishment Di­vision, Government of the People's Republic o..

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.   ......proceeding or award of the said Court by treating it a tribunal under the Act. The expression "shall be construed as referring, to" is the well-known language employed by the legislature in order to attract the provisions of an analogous enactment into the Act without enacting them over ag......;…………………Appellant Vs. Abdur Rashid & others........Respondents Judgment July 18, 1977. Result: The appeal is allowed in part. Case Referred To- Bangladesh Vs. Fazlur Rahman, (1974) 26 D.L.R. 255;Bangladesh V...... so far necessary for disposal of the appeal, are that an area of 2.55 acres of land belonging to the respondents comprising C.S. Plots Nos. 59, 60, 89 and 90 of mouza Bhola P.S. Tejgaon was requisitioned and possession thereof was taken on 27. 5. 59 under the T.I. Act. This land was finally acquire..

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.   ......with B. 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) ......1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257.   ......s courtyard at about 8-30 p.m. on 11-10-1971. It was further alleged that in the light of a hurricane lantern which was on the verandah of the house of the deceased, the appellant Abdur Rahman and one Amirullah were recog­nised. Thereupon Kotwali P. S. Case No.8 dated 12-10-1971 being G. R. Cas..

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.   ...... 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.   ...... Court High Court Division (Civil Appellate Jurisdiction) Present: S.M. Mohsen Ali J Siddique Ahmed Chowdhury J Sreemati Tripti LalaKar...............................Plaintiff Appellant Vs. Govt. of the People's Republic of Bangladesh & others..............een empowered to deal with the property vested with him, runs as follows: “In any enemy property is found in unlawful possession of any person, the Custodian may require the Deputy Commissioner of the District in which such property is situated to recover possession of such property and p..

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)

....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.   ......-Division, under Building Division, Jessore (1), while in service under the Building Directorate of the Government 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 suspen...... no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ......me Court High Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J M. A. Khalilullah and Abdul Hakim..............................Petitioner Vs. Government of Bangla­desh and others.......................Respondents J..

Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3

Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)

.... Writ Petition No. 201 of 1977 the petitioner was declared 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 ......r and prayed for setting aside the result of the election. An application was filed under section 151 of the Code of Civil Procedure on 24th February, 1977 by respondent No.2 praying for an order of injunction restraining the petitioner from taking over charge of the office of the Chairman......e 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 ...... High Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J Md. Sharifullah…………………Peti­tioner (In Petition No.201 of 1977) Vs. Election Tribunal Munsif, Second Court Habiganj and another ..

Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5

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. ......ich fails not on the grounds found by the Courts below but in view of the non-compliance of 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. ...... 30 DLR (HCD) (1978) 161. ......s. The landlord possessed the same through bargadars. Thereafter, the Government stepped into the shoes of ex-landlords and by virtue of State Acquisition and Tenancy Act settled the same in favor of one Md. Insan Sheikh. Insan possessed the same on the strength of settlement obtained from the Gover..

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