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....ion 67(2)(b) provides that anything done, rules made, notification or order issued, officer appointed, court Constituted, notice given, proceeding commenced or other actions taken under any law shall be deemed to have been done, made, issued, appointed, constituted, given, commenced or tak......
In the matter of an application under Article 98 of the late Constitution of the Islamic Republic of Pakistan, 1962 read with Article 5 of the Proclamation of Martial Law dated 25th of March, 1969 and Article 62; of the Provisional Constitutional Order dated the 4th of April. 1969.
Judgment
......ainst him and he was asked to show cause. He showed cause and he was given a hearing. Thereafter the Enquiry Officer gave a report adverse to him. He was subsequently dismissed from his service by an order dated 14.11.70. It was also ordered that the period between 12.4.67 and 14.11.70, on which dat..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....he Thana Magistrate, those authorities were not bound by the opinion of the petitioner. They were of the view that they had the power to dispose of the Respondent's application in accordance with law, even though the petitioner challenged their jurisdiction on the ground that a case in respect o......y of Information, Dacca……………………………Respondents Judgment March, 20, 1973. Result: the Rule is discharged and the order of stay is vacated. Case Referred to- M. Noman Vs. Dacca Improvement Trust a......ormation, Dacca……………………………Respondents Judgment March, 20, 1973. Result: the Rule is discharged and the order of stay is vacated. Case Referred to- M. Noman Vs. Dacca Improvement Trust and other..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
....e plaintiff. Thereafter, the plaintiff got the suit land recorded in the Rent Roll on the basis of the aforesaid kabala and also paid rents to Government. Defendant No.1, Narendra Nath Pal, son-in-law of Profulla filed an objection under section 19(1) of the East Bengal State Acquisition and Ten......sion (Civil) Present: AM Sayem CJ Muhammad Abdullah Jabir J Md. Shahed Faruque………………..........................Petitioner Vs. Mosammat Matiunnessa Khatun and others........Respondents Judgment February 2, 1973. Result: The Rule is d......basis of an alleged patta dated 11-10-52 from Profulla. The said objection was disallowed. On appeal by Narendra under section 19(1) of the Act, the objection was allowed. Being emboldened by this order defendant No.1, who is a pleader's Clark, in collusion with the plaintiffs enemies threatened..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
....ate, the suit ought to have been dismissed by the Courts below on the ground that the plaintiffs have no locus standi to institute the suit. The learned advocate however, failed to the proposition of law submitted by him, and he also failed to eite any authority to support the same. 8. Mr. M.A.......urt Division (Civil Appellate Jurisdiction) Present: Ruhul Islam J Seru Mia…………………Defendant-Appellant Vs. Fajilatennessa and others.…………Defendant-Appellant Judgment January 8, 1973 ...... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159 ..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
....hid, Subordinate, 1st Court, Dacca in Money Suit No. 7 of 1968 rejecting the contention of the defendant petitioner that the suit was not maintainable and that the Small Industries Corporation has no lawful authority to institute the suit and to proceed with and continue the same.
2. The suit w......nst an order dated 2-3-76 passed by Mr. M. H. Rashid, Subordinate, 1st Court, Dacca in Money Suit No. 7 of 1968 rejecting the contention of the defendant petitioner that the suit was not maintainable and that the Small Industries Corporation has no lawful authority to institute the suit and to proce...... the petitioner.
Shah Md. Sharif, H.K.Abdul Hye—For the opposite party.
Civil Revision Case No. 580 of 1976.
Judgment
M. H. Rahman J.—This rule is directed against an order dated 2-3-76 passed by Mr. M. H. Rashid, Subordinate, 1st Court, Dacca in Money Suit No. 7 of ..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....ppreciation of the point involved in the case, the relevant portions of the Annexure ''A" to the plaint are quoted below:— 'WHEREAS THE FIRST PARTY having been seized lawfully with the Loobacherra Tea Estate, situated under Police station Kanaighat. Sub-Regis-tar'......visional Jurisdiction) Present: A. M. Sayem CJ D. C. Bhattacharya J Mrs. June Ferguson & others.............................Petitioners Vs. Ameenur Rasheed Chaudhury and others..........Opposite Parties Judgment July 5, 1972. Result: The rule is ...... Civil Revision Case No.137 of1972. Judgment D.C. Bhattacharya J.—This rule has been obtained by some of the defendants, namely, defendants 1-3, 5 and 7-9 against the appellate order of the 1st Court of Additional District Judge, Sylhet, whereby an order of the trial Court ref..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....application and obtained the present Rule. 5. At the very outset it has drawn my attention in this case as to whether the institution of the VP Case No.142 of 1980 was maintainable in the eye of law. The Defence of Pakistan Ordinance and Rules came in the year 1965. The Defence of Pakistan Ordi......Laxmi Kanta Roy……………………………………………Petitioner Vs. Upazila Nirbahi Officer and another………………...Opposite Parties Judgment Ma......mits that the present case comes within the saving clause as provided in section 3 of Act XLV of 1974 but in support of such contention the learned Advocate failed to produce any papers whatsoever in order to show that such a property assumed the character of Enemy Property or any proceeding was sta..Category: Property Law | Date: 3 May, 1972 | Hits: 4
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
....earned District Judge, rejected both the petitions and against the said order the petitioner obtained this rule. 4. The relevant portion of the order dated 20.3.69 is as follows: “The learned lawyer, appearing on behalf of the OP argued for rejecting those two applications. He has submitted ......sed in Misc. Case No.262/66 by Mr. M Islam, Dist. Judge, Chittagong rejecting the prayer of the petitioner. Yar Ali Khan Chowdhury for examination of two witnesses namely, one Mr. Anwar Ali Chowdhury and one Mr. OR Nizam (who is since reported to be dead) on commission and issuing notice under Order......Rahman, Advocate ‑ For the Opposite Party No.1. Civil Rule No.627 of 1969. Judgment Abdullah Jabir J.- This petition under section 115 of the Code of Civil Procedure is directed against an order dated 20.3.69 passed in Misc. Case No.262/66 by Mr. M Islam, Dist. Judge, Chittagong rejecting..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
....e with the company forthwith under Section 19 of East Pakistan Employment of Labour (Standing Orders) Act.
You will be paid ninety days salary in lieu of notice and other benefits as provided n law. You may collect your dues from the office on any working day.
For Khan Brothers Ltd,
......
Present:
Maksum-ul-Hakim J
Fazle Munim J
Md. Ilyas Khan, Manager Khan Brothers Ltd., Khulna. .............Petitioner
Vs.
Third Labour Court, Khulna, East Pakistan and another.............Respondents
Judgment
January 7, 1971.
Result:
The Rul......he Petitioner.
No one—For the Respondents.
Petition No. 409 of 1970.
Judgment
Muksum-ul-Hakim J.- In this Rule, the petitioner challenges the validity of the Judgment and order passed by the Third Labour Court, Khulna, in Complaint Case No. 101 of 1970 and prays for a de..
Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181
Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
.... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appellant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ......ion 53, Order VI, rule 17 The High Court was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissolution of marriage on the ground of cruelty and non-maintenance and in the absence of any prayer for khula divorce in the plaint, allowing such ...... For the Appellant. Ali Ahmed Awan, Advocate, instructed by Sh. Masood Akhtar, Advocate-on-Record — For the Respondent. Civil Appeal No. 29 of 1970. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 13th December, 1968, in R.S.A. No. 455 o..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
....ment of the Court observed that there could be no doubt that Magistrates exercising the jurisdiction conferred on them under section 145(1) were expected to comply strictly with the said provision of law, but to say that a failure to follow the prescribed mode must render the exercise of the jurisdi......leted. Ed. This Case is also Reported in: ......gment AM Sayem J.- This rule was issued at the instance of Mojibor Rahman Mullick, Sardar and Syed Ali Mullick, all of village Sonarang PS Tangibari, within Munshiganj Subdivision. By the impugned order, the Sub divisional Magistrate of Munshiganj directed his office (1) to draw up a proceeding u..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
....ime of the occurrence and saw the same. This being the position the defence suggestion that he was not at all present at his house on the day of the occurrence and that he went to visit his father-in-law's house cannot be altogether ruled out as baseless. Therefore, we find it difficult to place...... in: 24 DLR (HCD) (1972)103 ....... Criminal Appeal No. 514 of 1966. Judgment T H Khan J.- This appeal by the two prisoners Mabassir Ali alias Md. Mabassir Ali and Taruj Ali alias Tarus Ali is directed against the order of conviction and sentence passed by the Additional Sessions Judge, 2nd Court, Sylhet on 13.9...Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
....hy the inaction/failure of the respondents to remove the Notice/Signboard put up on the road leading to "Sultanshi Abasik Area" Hobigonj Sadar, Hobigonj should not be declared to be without lawful authority and of no legal effect and further to show cause as to why the respondents should n......oque J
Shah Tazul Islam Rumel (Md.)………………….Petitioner
Vs.
Bangladesh, Represented By the Secretary Ministry of Home Affairs,
Dhaka and Others……………………………&h......nst those responsible for putting up such Notice/Signboard and, thereby stop creating obstruction to the regular movement of the villagers and residents of that area and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule on ..
Category: Property Law | Date: | Hits: 0
....s of the return. Therefore, it cannot be said that the IACT has no jurisdiction to pass any order under section 120 of the Ordinance….. (14 &15)
it is a settled principle of law that the IACT may invoke his jurisdiction under section 120 of the Ordinance only wher......N. Deb Choudhury J
Kamal Uddin Ahmed, Director, Holy Crescent Hospital Limited, Chittagong………..Petitioner
Vs.
Chairman, National Board of Revenue, Segunbagicha , Dhaka and Others……….Respondents
Judgment
April 5, 2015
Result:
Th......
Section 120
IACT is empowered to call for the record of any proceeding from the DCT and examine the same under section 120 of the Ordinance and if he considers that any order passed thereon by the DCT is erroneous in so far as it is prejudicial to the interest of the G..
Category: Fiscal/Taxation Law | Date: | Hits: 0
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....ghters, (2) the plaintiff adduced one witness namely P.W.2, Nayeb Ali to prove bainapatro which was not sufficient evidence to prove the bainapatro (Ext.1) in question was executed in accordance with law. 7. Being aggrieved by the judgment and decree dated 24.8.2009 (decree signed on 30.8.2009)......13) 58. ......of his argument upon placing the bainapatro submits that the Court of appeal below rightly doubted the bainapatro inasmuch as bainapatro itself manifests that the plaintiff in order to fill up the lacuna at the belated stage stated in the bainapatro (Exhibit-1) by hand writin..Category: Evidence Law | Date: | Hits: 6
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
..... 9. Mr. Golam Arshed, the learned Advocate appearing for the appellant submits that the Court of Appeal below without applying its judicial mind into the facts and circumstances of the case and law bearing on the subject most illegally rejected the Misc. Case under Order 41 Rule 19 of the Code...... Sheikh Abdul Awal J Musammat Nahida Sultana…………………………………Appellant Vs. Md. BazlurRahman Khan and others ………....Respondents Judgment November 14, 2012. Resul......dus Samad Azad, Advocate—For the respondent No. 1 First Miscellaneous Appeal No.165 of 2011. Judgment Sheikh Abdul AwaK J.— This appeal is directed against the judgment and order dated 28.5.2005 passed by the learned Joint District Judge, 2nd Court (in-charge), Gazipur in ..Category: Civil Law, Procedural Law | Date: | Hits: 2
AKM Fazlul Haq and anothers Vs. People’s Republic of Bangladesh and others, 2010, 39 CLC (HCD)
....aced in the same class or category are to be treated equally and cannot be discriminated merely on the ground of their placement and service in other departments. This is the well settled position of law, having been confirmed through several pronouncement of the apex Court. Consequently, any deviat......rted in: 67 DLR (HCD) (2015) 178 ......e District of Jessore and Satkhira after fulfilling all the requirements and complying with all the rules and refutations prior to their appointment. The learned Advocate further submits that in order to offer a particular course at the Degree level, the concerned College is required to have at..Category: Administrative Law, Employment/Service Law | Date: | Hits: 5
Rai Kishori Saha Vs. Md. Motaleb Ali and Others, 1892, 11 CLC (HCD)
....he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)178 ......8 ......he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)178 ..Category: Property Law | Date: | Hits: 3
Moklesur Rahman & others Vs. State & others, 1983, 12 CLC (HCD)
....g, the learned Additional Sessions Judge by his order No.15 dated 8-11-82 directed the Bench Assistant to take steps for publication of notice in respect of the absconding accused as per provision of law as laid down in section 339B of the Code of Criminal Procedure. 4. Thereafter on ..............Petitioner Vs. State & others..............................Opposite Parties Judgment November 7, 1983. Result: The Rule is discharged. Section 339C and 35(c) in relation to restoring the original Sessions Case to its file and number setting aside t......Judgment November 7, 1983. Result: The Rule is discharged. Section 339C and 35(c) in relation to restoring the original Sessions Case to its file and number setting aside the order of release passed the predecessor-in-office under section 339C (4) of the Code of Crimina..Category: Criminal Law, Procedural Law | Date: | Hits: 1
....ners may hereafter seek their remedy.
6. The learned Advocate for the petitioners submitted that the controversy raised in this present case concerns more with the violation of the provisions of law contained in sections 33-36 of the Chittagong Port Trust Act, 1914 than the violation ......
Present:
Fazle Munim J
Shahabuddin Ahmed J
Md. Siddiqur Rahman, Acctt/Funds & Claims & others..........Petitioners
Vs.
The Board of Trustees, Port of Chittagong, and others..........Respondents
Judgment
March 25, 1975
Result:
The Rule is disc...... of Pakistan,1962 which has been continued by Sub-paragraph-3 of Paragraph-6 of the 4th Schedule to the Constitution of Bangladesh, the petitioners who are 134 in number challenged the validity of an order dated 10th January, 1969 on the ground that it was inconsistent with and made in contravention..
Category: Administrative Law | Date: | Hits: 1
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