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M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)

...., originally the department referred the cases of Abu Naser, Executive Engineer, Golam Rabbani, Sub-Divisional Engineer, Abu Taher, Sub-Divisional Engineer and Abul Hakim, Section Engineer, It is not disputed that the case of the present petitioners was not referred to the First Screening Board, Obv......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

Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)

....laintiffs, 17 in number filed a suit for permanent injunction restraining the defendant from interfering with the plaintiff's use in the suit land as the path was. According to the plaintiffs the disputed land appertaining to C.S. plot No. 640 of khatian No.22 and plot 1084 of khatian No. 873 of......injunction restraining the defendant from interfering with the plaintiff's use in the suit land as the path was. According to the plaintiffs the disputed land appertaining to C.S. plot No. 640 of khatian No.22 and plot 1084 of khatian No. 873 of Mouza Beel Boalia. The suit land was previously kh..

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

Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)

.... directed against the judgment of the lower appellate Court affirming the judgment of the trial Court decreeing the plaintiff's suit for declaration of title and confirmation of possession of the disputed suit land. According to the plaintiffs the disputed jot belonged to one Kasimuddin and......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407.     ..

Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2

Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

.... amounts to punishment? 7. Act XII of 1974 is a statute passed by the Parliament by way of re-enactment of the Public' Servants (Retirement Ordinance 1973 (Ordinance XXVI of 1973). It is not disputed that the Act was passed with the object of consolidating and amending the law relating to t......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)

....ioner amounts to punishment. 7. Act XII of 1974 is a statute passed by the Parliament by way of reenactment of the Public Servants (Retirement) Ordinance 1973 (Ordinance XXVI of 1973). It is not disputed that the Act was passed with the object of consolidating and amending the law relay for pro......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. ..

Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3

M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)

....jection under Article 98 of the Constitution of Pakistan, 1962 they were unable to get any relief as the question involved which related to the existence or non-existence of large scale farming was a disputed question of fact. Section 20(4) of the Act may here be quoted: "20. (4) Notwithst......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ..

Category: Property Law | Date: 20 Jan, 1977 | Hits: 62

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

....e number 161 of 1962. 6. The stock of Lungies found in the shop of the plaintiff was admittedly requisitioned on 4-9-45 and the officers of the defendant No. 1 sold away those Lungies. It is not disputed that sale price of those Lungies altogether came to a sum of Rs. 89,242/3/9. The learned Su......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

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....ing circumstances. The Collector of Customs acting under an Act called Excise Tariff Act, 1902 required the appellant to pay certain amount towards excise duty on certain quantity of sugar, which was disputed by the company and after depositing the money under protest brought an action In the Suprem......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Gurudas Saha Vs. Deputy Custodian, En­emy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)

....was made on September 6, 1965 on the out-break of war with India and this decla­ration of emergency continued in force till February, 1969 when it was withdrawn by an Ordinance. It has not been disputed before us that in May, 1966 when appellants proper­ties were declared an enemy property,......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

Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)

....set out in detail. The Courts below have concurrently found that the appellant agreed by an arbitration agreement to refer, their differences of the demarcation of boundaries between them. It was not disputed that the arbitration agreement culminated in a Ekrarnama dated 28-9-67 which recited Mr. Z.......es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ..

Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352

Karnaphuli Rayon and Chemical Ltd. Vs. Collector of Central Excise & Land Customs, East Zone, Chitttagong & another, 1975, 4 CLC (AD)

....nsideration in this appeal is whether 'Dilphane' is covered by the word 'Cellophane' as mentioned in item' 35 of the First Schedule of the Act. If Dil­phane is in fact 'Cellophane' then it cannot be disputed that it is liable to duty. With a view to ascertain whether 'Dilphane' is nothing but 'Cell...... 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

M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)

....plying the said principle, as to whether the estimate is arbitrary or judicious. The Tribunal approved the action of the Income-tax Officer with the following observation:- “It is also not disputed that in case of acting under said proviso estimate should not be subjective and arbitrary b...... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566   ..

Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2

Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)

....n the polling centre nor did the respondent No. 5 admit that there was such disturbance which led to the stopping of poll at the centre. He also submitted that since facts relating to disturbance are disputed the matter can be decided only by the Appropriate Tribunal after taking into consideration ......cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662       ..

Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1

Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908

....med, P.W. 8, saw profuse blood and C. I. sheet on the corridor. Mr. Paul has commented on certain parts of the depositions of these witnesses, which refer to the manner of the actual happening of the disputed incident and has rightly contended that they are either hearsay or mere inferences and as s...... far as this appeal is concerned. A.S. Faizul Islam Choudhury J.-I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 628         ..

Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5

Eastern Hosiery Mills Sramik Bahumukhi Samabaya Samity Ltd Vs. Govt. of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

.... their name, they have at least the right to maintain these petitions under Article 102 of the Constitution. He submitted that the petitioners have legal right in the subject- matter of the disputed so as to be able to maintain such petition. If they have succeeded to establish some right,......e interpretation of the Constitution. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 674         ..

Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3

Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC

....ly after partition of the country was province of East Bengal, and now after the liberation of the country, Bangladesh. The basis of the claim made by the plaintiffs and the co-plaintiffs is that the disputed char is partly a reformation in situation of their lands of Osat Taluk and Howla in Char Il......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534   ..

Category: Property Law | Date: 17 Apr, 1975 | Hits: 2

Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)

....ense. There are, of course, cases where word 'void' or expression 'null and void' have been, construed to mean voidable. The reasoning of those cases show that it was never doubted or disputed, that it does not mean nullity, but that, if the context so permits, then in some cases a r......the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275     ..

Category: Property Law | Date: 11 Apr, 1975 | Hits: 4

Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)

....ballot papers are unauthorized and spurious. 6. Mr. Ahmed Sobhan appearing on behalf of respondent No.3,  has raised a preliminary point as to the question that the matter having involved a disputed question of fact the petition is not maintainable. He has also contended that the petitione......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476       ..

Category: Election Law | Date: 4 Apr, 1975 | Hits: 2

Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)

....ion of Mr. Khondker is that the injunction itself in some cases could be consequential relief and the Court below in error in holding otherwise. 4. Mr. Amed Hossain, the learned Advocate has not disputed the second proposition of Mr. Khondker. He however, refuted the contention of Mr. Khondker ......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ..

Category: Property Law | Date: 5 Mar, 1975 | Hits: 2