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Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)

....nd the polling officer's initial are necessary for the purpose of a ballot paper being valid. This intention has been expressed clearly in rule 35 which is quote J below: “35(1) When a voter presents himself at the polling station to vote, the Polling Officer shall, after satisfying h......tte and petitioner entered into office by taking oath. Bat respondent No, 2 challenged the election by an election petition under section 26 of the Local Government Ordinance, 1976 taking a number of grounds one of which was that there wet a mistake in the counting of ballot papers in resp..

Category: Election Law | Date: 17 Feb, 1978 | Hits: 7

Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)

....s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124.   ...... sittings, the proceeding "may continue" in his absence. The words "the proceeding may continue" in this sub-section show that the proceeding has already started with the required number of members. If thereafter there is any casual absence of any member, or if he ceases to be a ..

Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3

Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)

....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......ned Advocate has challenged the judgment and order of the learned Subordinate Judge in deciding the issue No.1 in favour of the plaintiff. Mr. Zahir, the learned Advocate has also relied upon a large number of decisions for his contentions. He had cited the decisions reported in 43 LA. 91, 10 DLR 43..

Category: Company Law | Date: 17 Feb, 1978 | Hits: 8

Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)

....e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ......ub is paid for the purpose of entertainment of the officers, which forms no part of the business of the respondent. 4. Mr. Rafiqul Haque, the learned Advocate has on the other hand relied upon a number of decisions of this Court where clause (XVI) of Section 10(2) came up for interpre..

Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4

General Manager, Urea Fertilizer Fac¬tory, Ghorashal, Palash, Dacca Vs. Urea Fertilizer Fac¬tory Employees Uni¬on, Ghorasal Palash, Dacca and others, 1978, 7 CLC (HCD)

....f both the courts below are set aside. There will, however, be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 306.   ......ere laid off. It has been submitted by Mr. Asrarul Hossain that in order to provide employment to the 'laid off workers' the higher authorities, namely, the Corporation, decided to transfer a number, of employees to different units under the Corporation and that in pursuance of this policy 6..

Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1

Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336.   ...... a provisional finding of guilt on the conclusion of the enquiry and that before that stage is reached no 'action is proposed to be taken". In support of this contention he has relied upon a number of decisions, particularly, a decision of the Judicial Committee of the Privy Council in the ..

Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1

Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144.   ...... provisional finding of guilt on the conclusion of the enquiry and that before that stage is reached no “action is proposed to be taken". In support of this contention he has relied upon a number of decisions, particularly, a decision of the Judicial Committee of the Privy Council in the ..

Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1

Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)

..... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146.       ......n our country in the case of Pakistan Eastern Railways Vs. Matiur Rahman and others (1968) 20 DLR 318 and in the case of Pakistan Vs. Amin Jute Mills, (I973) 25 DLR 307. On the other hand, in a large number of cases it had been held that word 'loss' in the expression 'loss' destructi..

Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2

Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)

....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     ......ff out of possession for over 12 years. This decision as to possession, M. Chowdhury argues, will certainly operate as res judicata in the subsequent suit. Both the learned lawyers have cited a great number of decisions in support of their respective contentions. We propose to consider some of those..

Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1

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. ......s his mere benamder and that by filing an application to the Deputy Collector he got his name mutated in Register D of the Faridpur Collectorate. He contended that this suit was not maintainable on a number of grounds. The suit, He contended was hit by section 33 of the Bengal Revenue Sale..

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. ......s his mere benamder and that by filing an application to the Deputy Collector he got his name mutated in Register D of the Faridpur Collectorate. He contended that this suit was not maintainable on a number of grounds. The suit, he contended was hit by section 33 of the Bengal Revenue Sale..

Category: Property Law | Date: 16 Jan, 1978 | Hits: 2

Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)

....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.     ...... is to be incorporated into the bill of lading it must be by express words either in the bill of lading itself or in the charter party. In support of his contentions Mr. Ishtiaq Ahmed has relied on a number of English decisions to which I shall presently refer. 9. There is no dispute that the s..

Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39

Benoy Bhusan Bardhan and others Vs. Sub-Divisional Offi­cer, Brahmanbaria and another, 1977, 6 CLC (AD)

....e concern­ed, were without lawful authority. In the result the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 149. ......laim in the instant case a better right than what the co-sharer of the appellant, whose interest had vested in the custodian, was entitled to claim. The Dacca High Court considered this question in a number of deci­sions which have been cited at the bar, viz. Mumtazuddin Ahmed Chowdhury Vs. Depu..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

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.     ...... shall be tried in the case so remanded, and shall send a copy of its judgment and order to the Court from whose decree the appeal is preferred, with directions to readmit the suit under its original number in the register of civil suits, and proceed to determine the suit and the evidence (if any) r..

Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1

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.       ...... a separate agreement with him. The suit for mandatory injunction against him is not maintainable, it has been further contended by him. 6. The learned Subordinate judge having considered a huge number of documents filed by the parties and the evidence of 5 witnesses examined by each side held ..

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

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 and services essential to the life of the community. Thus, the life of the community was regulated by these rules for maintenance of essential supplies and services to the life of the community and numbers of Orders were framed under rule 81 such as Food Grains Control Order, Kerosene Control Orde..

Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4

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.   ...... Requisition of Property Act 1948 (XIII/48) got no power to direct payment of interest on the compensation money. We have hardly anything to differ from that decision; rather we have followed it in a number of cases. The reason is that Act XIII of 1948 does not provide for payment of interest on awa..

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.   ...... 5. Abul Hossain Sana, it appears, was sent up for trial after investigation by the police under sections 379 and 465 of the Penal Code. The case was being tried by a Magistrate, first class. On a number of dates fixed for hearing, no evidence was produced by the prosecution. As the prosecution ..

Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72

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. ......No. 136 of 1970. Judgment Ranadhir Sen J.- This appeal at the instant of the plaintiff is directed against the judgment of reversal in a suit for permanent injunction. The plaintiffs, 17 in number filed a suit for permanent injunction restraining the defendant from interfering with the pla..

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

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

...., 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.       ......lector and as such the suit was impliedly barred and the suit was not entertainable under section 9 of the Code of Civil Procedure. The learned Subordinate Judge on consideration of a large number of decisions cited before him and on hearing the parties allowed the application filed by the..

Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1