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.... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
......f the police in the report submitted under section 27(1) of the Special Powers Act is not binding upon the Special Tribunal. In the said case it was observed." He (Special Tribunal) is free to decide in a case where he does not agree with the conclusion of the Investigating Officer an......ce report. Further in that case it was not brought to the notice of the Court that section 30(1) of (he Special Powers Act provides that ''save as aforesaid there shall be no appeal from any order, judgment or sentence of a Special Tribunal and no Court shall have authority to revi...... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
..... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ......t;a constitutional deviation for a temporary period end have specified limited objective, namely, the restoration of law and order and normalcy in the country and in earliest possible time holding of free and fair election for the purpose of restoration of democratic institutions." 29. In ......idavit. Point has been taken that offence was committed on 18-3-75 and complaint was lodged on 31-1-76 and the charge-sheet was submitted on 31-3-76. But the case transferred to the Martial Law Court from the Special Tribunal on 23-12-76 as per Notification. It has been sated in the affidavit-in-opp....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......the applications under section 143A, since they have to be disposed of by the trial Court according to law. The observation made by me are meant for guidance of the learned Munsif who is however free to dispose of the matters on consideration of necessary questions and according to law. Fo......l Procedure, 1908, including the power of:- (a) Enforcing attendance of any person, and examining him on oath, and (b) Compelling the production of any document. (7) Within thirty days from the date of an order under sub-section (4), an appeal from that order shall lie to the District......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......money or for the performance of any engagement, No accounts were to be rendered or required. There was no provision for redemption expressed or implied. It was simply a grant of land for a fixed term free of rent in consideration of a sum made out of past and present advances.” In Ext. B ......ndent Judgment March 15, 1978. Result: The appeal is dismissed. Lawyers Involved: M. A. Khakd—For the Appellant. No one—For the Respondent. Appeal from Appellate Decree No. 375 of 1965. Judgment M.H. Rahman J.-This appeal, by the plainti......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ......r staying in a separate independent flat with the minors in Dacca and allowing the minor daughter to continue her studies in Viqarunnessa School. The learned Judge also allowed the petitioner to have free access to his minor children by visiting them in the flat of the opposite party during the peri......ective supervision and control over his minor children. The petitioner thereafter moved this court and obtained the present rule. 4. It is not disputed that the petitioner returned to Bangladesh from England with the children on 26th August, 1971 and the mother continued to stay in England and ......tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......1859 to show that the interests of the under-tenure holders were also affected by the certificate of possession. Section 37 provides that a purchaser of a revenue paying estate purchases it free from all encumbrances and he is entitled to avoid and annul all under-tenures excepting certain......aran Biswas, predecessor-in-interests of plaintiffs Nos.10, 11 and 12. The sale was therefore invalid and the under tenure were never annulled. On the wholesale acquisition of rent receiving interest from April, 1956 the plaintiffs were recorded in the S. A. Khatians as tenants-in-possession under t...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......1859 to show that the interests of the under-tenure holders were also affected by the certificate of possession. Section 37 provides that a purchaser of a revenue paying estate purchases it free from all encumbrances and he is entitled to avoid and annul all under- tenures excepting certai......aran Biswas, predecessor-in-interests of plaintiffs Nos.10, 11 and 12. The sale was therefore invalid and the under tenure were never annulled. On the wholesale acquisition of rent receiving interest from April, 1956 the plaintiffs were recorded in the S.A. Khatians as tenants-in-possession under th...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law | Date: 16 Jan, 1978 | 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. ...............(e) the rent payable at the time the record of rights is being prepared… (h) the special condition and incident, if any, of the tenancy......(i) if the land is claimed to be rent free....whether or not rent is actually paid, and, if not paid, whether or not the occupant is entit......ters as heirs and on amicable partition amongst the heirs the plaintiff alone got the disputed land in his share and had been in possession as such. The defendants claiming to have purchased the land from the heirs of Faizuddin Haji on 6-1-66 started disturbing the possession of the plaintiff, where......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
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......he provisions of the Contract Act, reference may be made to the provisions of section 10 and 23 of the Act. 9. Section 10 provides that "all agreements are contracts if they are made by the free consent of parties competent to contract, or a lawful consideration and with a lawful object an...... No.123 of 1973 instituted by the respondents for evicting the appellant at a monthly tenant. 2. On December 4, 1973, the respondent filed the aforesaid title suit for eviction of the appellant from the suit premises on the ground that they required the premises for bona fide use and occupatio......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ......report and the connected papers, and decides to proceed against the offender with a view to determining the guilt, it is the stage where cognizance of the offence is taken. The Magistrate or Judge is free in this respect. The police report may provide an aid to the consideration in the matter of tak......er Daudkandi police station lodged an ejahar on 31st October, 1974 alleging, inter alia, that the petitioner on the authority of the Chairman took delivery of one hundred and eighteen maunds of wheat from Daudkandi Govt, go down on 29th October, 1974 and sent the same to Muhammadpur in the boat of C......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......Trial Court, the High Court in interpreting the clause in the bill of lading that "in all causes and under all circumstances the Company's liability shall absolutely cease when the goods are free of the ships' tackle and thereupon the goods shall be at the risk for all purposes and in e......3. Ex-Parte. Respondent Nos.4 & 5. Civil Appeal No.19-D of 1968. (From the judgment and decree passed in the High Court of East Pakistan, Dacca dated 27th April, 1969. in Appeal from Appellate Decree No.181 of 1954). Judgment Fazle Munim J. - This civil appeal arises......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 358
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ......tly released on bail by the learned Sessions Judge. We feel that such highhandedness, if allowed to go unchecked will bring slur on the good name of the Government. The petitioner as the citizen of a free country is entitled Jo due protection under the law of the land. It is the inalienable right of...... signed by someone on behalf of the Deputy Commissioner was served upon the petitioner directing him not to make any contract for supplying furniture on hire to anybody without the written permission from the Deputy Commissioner's office. A photostat copy of the said letter has been annexed to t......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ......and designed in order to implicate him in departmental proceedings affecting his reputation as a fair and honest officer. The petitioner also submitted that in view of past record of service which is free from any blemish, the Government was not justified in coming to the conclusion that it was in t...... Writ petition No. 1025 of 1974 Judgment Ruhul Islam CJ.- In this application legality of the order dated 25th July, 1974 directing the compulsory retirement of the petitioner from his service under sub-section (2) of section 9 of the Bangladesh Public Servants'......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ......and designed in order to implicate him in departmental proceedings affecting his reputation as a fair and honest officer. The petitioner also submitted that in view of past record of service which is free from any blemish, the Government was not justified in coming to the conclusion that it was in t......nts. Writ Petition No.1025 of 1974. Judgment Ruhul Islam CJ.—In this application legality of the order dated 25th July, 1974 directing the compulsory retirement of the petitioner from his service under sub-section (2) of section 9 of the Bangladesh Public Servant's......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
....e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ......e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ......ty Commissioner, Dacca purporting to resume the land in holding No. 118, Segun Bagicha, P.S. Ramna, Dacca on cancellation of the lease and forfeiting the same along with buildings thereon with effect from 18th September, 1973. The petitioner's case in short, is that the petitioner is a comp......e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......e notice is mandatory before the opinion of the Government is formed. 15. On the first question, a reference to the language of Article 2(1) set out above indicates that the language is not free from ambiguity. It appears that the legislative authority has employed multiple syste...... Appellant. Moudud Ahmed, Advocate, instructed by S.S, Hoda Advocate-on-Record—For Respondents Nos.1 and 2. Ex-parte-Respondents No.3-7. Civil Appeal No.14 of 1976. (Appeal from the judgment and order dated 18th June, 1974 passed by a Division Bench of the High Court in Wr......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
....ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
......rding of any such interest as allowed by the learned Sub-ordinate Judge. Mr. Sultan Ahmed also contends that though no cross-appeal or cross-objection has been filed by the defendant the defendant is free to challenge the finding of the learned Subordinate Judge on this score and the Court is compet......Improvement of Calcutta AIR 1946 Cal. 416.
Lawyers Involved:
S. C. Das with Zahir Ahem—For the Appellant.
Sultan Ahmed with Met. Roushan Ali—For the Respondent.
Appeal from original decree No. 161 of 1962.
Judgment
Faizul Islam Chowdhury J.—This appeal......ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......reover, the rule has not qualified the word with any such word. To give the word its most natural meaning in the context set out, we find living or residing on own volition or free will best accords with the subject. The expression, 'Individual Resident in enemy territory' ...... Court of East Pakistan, calling in question the validity of the said notice. A Division Bench dismissed the writ petition as non-maintainable on the ground that the appellant who had not returned from Calcutta was an 'alien enemy'. 2. The appellant then filed petition seeking specia......ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
.... constitution.
In the result, there being no substance in the appeal it is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 72.
......n bi sulfide. It is then dissolved in a dilute solution of sodium hydroxide to form viscose. Viscose is an orange-colored colloidal solution about as thick as molasses. The highly filtered and gas-free liquid is forced through a long, narrow slit into a bath containing sulfuric acid, and the visc......cca High Court in Petition No. 76 of 1968).
Judgment
Ahsanuddin Choudhury J.—In this case, leave to appeal was granted to consider whether 'Dilphane' manufactured by the appellant company from bamboo pulp is included in item No. 35 of the First Schedule to the Central Excise and Salt Act...... constitution.
In the result, there being no substance in the appeal it is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 72.
..
Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149
....gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
......or of the respondent No. 3.
5. We are, therefore, of the view that the allotment in question has been made without any lawful authority and is of no legal effect. The respondent No. 1 is however free to invite fresh applications and allot the space in question whom it may think fit.
The Ru....... 1 he had no other right there. No order of allotment was over made in his favor. Since the year 1968 he has been applying for the settlement of this space under the stair case. He received no reply from the respondent No.1. On 7.8.72 the petitioner again filed an application for allotment of the s......gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
..
Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
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