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Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....uoted below: “The maxim is that no one shall be vexed twice over the same matter, which presupposes that the issue has been fairly and finally tried and decided in a former suit, which was independent of the proceedings in which the same matter is again in dispute.” To bring a ......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....ship. The plaintiff claims under the bill of lading and as the ultimate consignee he is also bound by the terms and conditions under the bill of lading contract which according to the plaintiff is an independent contract between him and the ship owner. The plaintiff, in my opinion, therefore is not ......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......grant probate and letters of administration in non-contentious cases, within such local limits as it may prescribe. Provided that, in the case of High Courts not established, by Royal Character, such appointment shall not be without the previous sanction of the Provincial Government; (2) Persons so ..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... of the withdrawal of the first suit without leave of the Court to bring fresh suit as provided in sec. 373(old) could not create a bar, of course, on proper appreciation of the facts in an independent proceedings but for the procedure provided in section 647(old).-141(new) of th...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....f law in this regard were not complied with. 3. Respondent No. 1 filed a written objection stating inter alia, that the Will was genuine and properly executed by the deceased and attested by the independent and respectable witnesses. It was also asserted that all requirements of law for an appl......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 ..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
.... order was challenged on the ground that the order of dismissal was made on the basis of the recommendation of the Screening Board, but the Screening Board made the recommendation without holding any independent enquiry in the matter, that is to say, recommendation was made without recording any evi......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. ..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 ......rence to rule 57 of the Union Parishad and Pourashava (Election) Rules, 1973 submitted that since the power of appointing Election Tribunal was given to the Election Commission; without confining the appointment to only judicial grounds for taking the view that the Election Tribunal so appointed cou..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)
....ession in the suit land. The learned Munsif accepted the, oral evidence of the P.Ws. and held that "the suit land was used previously as khal by the public is admitted. Plaintiffs have proved by independent and competent witnesses that the local people used the suit land as their pathway for a ...... 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. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....judicial proceedings for the determination of the guilt of the Person conserved for commission of the alleged offence and entailing a punishment for the same. Both are concurrent remedies but each is independent of the ether. They cannot therefore, be deemed to be mutually exclusive. The doctrine of......, 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. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
.... under section 27(1) of the Special Powers Act corresponding to an action under sec. 190(1)(b) of the Code of Criminal Procedure. In such a case the Special Judge takes cognizance independent of sec. 190(1) (b) and on the basis of the power as contained in section. ......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)
....ods by sea." The rules themselves show the same things. The obligations in Article 3, rule 1, for example, to use due diligence to make the ship seaworthy and man and equip her properly are independent of time. The operation of the rules is determined by the limits of the contract of carri......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
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....ending that the application for per-emption was not maintainable since the pre-emptor did not apply for being a co-applicant in Misc. Case No.4 of 1969 under section 96(4) of the Act and an independent proceeding at the instance of Abdul Hashim was not maintainable. The objector further co......since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....ed Judges regarding the nature and character of a proceeding under Order IX, rule 13 of the Code of Civil Procedure. A proceeding under Order IX rule 13 is an original proceeding, independent of the suit. When a suit is disposed of and decreed ex parte, it is revived only after s......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....e reference to the back ground of the case that when the departmental proceedings were pending against the petitioner it must be treated as the out come of the said proceeding and not in pursuance of independent exercise of the option of the Government as mentioned in Section 9 of the Act,......r. Sultan Hossain Khan, the learned Deputy Attorney General seriously Canvassed before us that Article 133 of the Constitution confers ample power upon the parliament to regulate by law the appointment and conditions of service of the persons in the service of the Republic. This power of t..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....he reference to the back ground of the case that when the departmental proceedings were pending against the petitioner it must be treated as the outcome of the said proceeding and not in pursuance of independent exercise of the option of the Government as mentioned in section 9 of the Act.......r. Sultan Hossain Khan, the learned Deputy Attorney General seriously canvassed before us that Article 133 of the Constitution confers ample power upon the Parliament to regulate by law the appointment and conditions of service of the persons in the service of the Republic. This power of t..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
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. ...... of the first deed, so taken over the same on 20-1-1972. 2) Mr. Mujibur Rahman, Traffic Officer, the senior most officer of the Company and having operational experience has recommended for appointment as Sub-Administrator for looking after normal activities of the company. That the Respon..Category: Others | Date: 27 Jan, 1977 | Hits: 217