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Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ......rder passed by Sales Personnel Department, Bata Shoe Company dated 7.7.59 terminating the service of the plaintiff, a shop employee of the Bata Shoe Company was in violation of the provision of the Standing Rules and Orders of Shop Employees of the said Company and further for a mandatory injunction......r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ...... Abdul Wadud Chowdhury J.- This second appeal arises out of a suit for declaration that the order passed by Sales Personnel Department, Bata Shoe Company dated 7.7.59 terminating the service of the plaintiff, a shop employee of the Bata Shoe Company was in violation of the provision of the Standin..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
....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.
......DLR (HCD) (1978) 355.
......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.
...... Chowdhury J.—This appeal is directed against the judgment and decree passed by Mr. A. Hussain, Subordinate Judge, 1st Court, Chittagong in money Suit No. 15 of 1947 of the said Court.
The plaintiff is a firm under the style M/S. Shaw and Co. The defendant No. 1 was originally Province of..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....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. ......ing Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC); Quilter, (1882) 9 QBD 672 (CA); Smith, (1901) AC 297, 305; West, (1911) 2CH. 1; I.T.Commissioner, (1916) 2 KBD 249; Delhi Cloth and General Milk, 54 JA 421; DaiVanayaka Reddiyar, ILR 50 Mad. 857; Ram Singha, ILR 50 All. 965; Uni......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. ......al Sugar Refining Company Vs. Irving. The question for consideration of the Full Bench was whether the amendment of the Court-Fees Act which came into force after the suit was filed would deprive the plaintiff of earlier instituted suit of his right of appeal to the High Court. Following the above n..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
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. ............Appellant (In Civil Appeal No. 61-D of 1970). Monoranjan Saha.............Appellant (In Civil Appeal No. 62-D of 1970). Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others............Respondents (In both the appeals Judgment ......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. ......ision, also the meaning of 'enemy' within the provisions of Trading with the Enemy Act 1939 came for interpretation. Facts were that in 1937, 300 gold sovereigns were placed to the credit of the plaintiff Vambukas, a Greek subject, at a bank in London; at that time the plaintiff was living in ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....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. ......B. 256; Brogden Vs. Metropolitan Railway Company, 1877 (2) Appeal Cases 666; Muhd. Sagir Bhatti & Sons Vs. Federation of Pakistan, (1968) 10 DLR (SC) 169. Lawyers Involved: M. H. Khandker, Senior Advocate, with B.B. Roy Chowdhury and B.K. Das, Advocates, instructed by S.M. Huq, Ad......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. ......specified, but nevertheless contacted influenza. The Court of Appeal affirming the decision of Hawkins, J. held that the above facts established a contract by the defendants to pay the plaintiff £100 in the events which have happened. It was also observed that in order to make a..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
....or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ......td……..............Respondent Judgment July 31, 1975. Result: The appeal is dismissed. Cases Referred to- Jamal Vs. Moola Dowood and sons, AIR 1915 P. C. 48: A. V. Joseph Vs. R. Skow Bux, AIR 1918 Privy Council 149; Erroll Mocka......or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ......East Pakistan in a First Appeal affirming the judgment and decree of the Subordinate Judge, Chittagong against the defendant-appellants in the suit for damages for breach of contract. 2. The plaintiffs A. R. A. G. Limited are respondents: The Plaintiffs are the purchasers, and the defendan..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)
....or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 655. ......ury J. - This is an application for leave to appeal under clause 15 of the Letters Patent. It appears that the Second appeal out of which the present application arose was disposed of by me on 2.4.75 and the present application has been filed on 10.7.75. The earlier application filed on 8.7.75 was r......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 655. ......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 655. ..Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
.... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ......llip;…………………...Opposite party Judgment July 1, 1975 Result: The Rule is discharged. Cases Referred to- Abdur Rahman Miji and ors. Vs. Abdul Wadud Mea and ors, 1952 PLR 2 Dac. 87; AIR 1959 Pat. 121 (Full Bench), Doma Chowd...... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ......sp;of the Code of Civil Procedure restoring his Misc. Case No. 2 of 1967 filed by him under Order 9 rule 13, Civil Procedure Code, for setting aside the ex parte decree which was obtained by the plaintiff petitioner before me. 2. Circumstances giving rise to this rule are as follows: ..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
.... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ......man………………………. Petitioner Judgment May 20, 1975. Result: The appeal is allowed. Section 76, sub-section (3) and section 79, sub-section (3) of the Companies Act, 1913 are not exclusive but supplementary ...... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ......s lawyer before the court praying that the hearing of the injunction matter be fixed on 31.12.73 (30.12.73 was Sunday). It is stated that the copy of the application was served on the Advocate of the plaintiff. According to the petitioner they also made ready written objection against the prayer of ..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
.... 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
......;
...... 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
...... Respondent No. 2
F.A. No. 95 of 1965.
Judgment
D.C. Bhattacharya J. - This appeal by the defendant is directed against a money decree amounting to Taka 63,000/- passed in favor of the plaintiff who was the Principal of Dacca College, on account of certain Injuries caused to his perso..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....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 ...... Vs. Babu Indu Bhusan Gupta & others ................Respondents Judgment April 17, 1975 Result: The appeal is dismissed. Cases referred to- Satyadhran Ghosal and others Vs. Smt. Deorajin Debi and another, A.I.R. 1960 (S.C.) 941; Sundar Ahir and others Vs. Ph......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 ......bordinate Judge, Barisal after an order of remand made by the High Court of. East Pakistan and was at the instance of the Province of East Pakistan, which was defendant No. 1 in the suit. 2. The plaintiff respondents brought this suit being Title Suit No. 42 of 1943 in the Second Court of Subor..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....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 ...... Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muhammad PLD 1961 Lahore 792; Hariram Rewachand Vs. Pribhdas Mulchand and others AIR 1945 Sind 98; Sangram Singh, Vs. Election Tribunal Kotah an......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 ...... used in Civil Procedure Code is to be applied. It means an order passed where originator of the proceeding is present, and the person proceeded against is absent. The person in the first category is plaintiff, petitioner, or appellant; and that of the second, defendant, or opposite party, or respon..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....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. ......sion (Civil Revisional Jurisdiction) Present: A. I. Chowdhury J K Hossain J Sree Sree Radha Krishna Deities..........................Petitioner Vs. Bangladesh and others.......................................Opposite parties Judgment March 5, 1974. ......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. ......bibul Islam Bhuiya—For the petitioner. Ahmed Hossain—For Opposite Party No.7. Civil Revision Case No.704 of 1973. Judgment K. Hossain J.-This Rule was obtained by the plaintiffs, who instituted a suit in the 2nd Court of Subordinate Judge, Sylhet where they made the ..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ......diction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent Judgment ......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ......also a prayer for a permanent injunction restraining the defendants from taking any step in pursuance of the said requisition notice dated 19. 4. 57. 2. It has been stated in the plaint that the plaintiff was the owner of C. S. Plot No. 696 and northern portion of C. S. Plot No 692 at Mouza Dha..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. .................Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; President Vs. Mr. Justice Shaukat Ali, PLD 1971 (SC) 585 relevant page a......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ......ecree passed by the learned Subordinate Judge, Rangpur in Money Suit No. 5 of 1955. 2. The respondent filed a money suit against the erstwhile Province of East Bengal. In the plaint filed by the plaintiff respondent it was alleged, inter alia that the plaintiff M/s. Lucky Biri Company was a reg..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
.... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
...... - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
...... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......the decree passed against him but has filled the present appeal against the decree of dismissal of his suit.
2. The allegations made in the Title suit may be stated in brief as follows:
The plaintiff who used to carry on business in timber and of Other articles under the name and Style of ..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)
....nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160 ......ction) Present: Md. Habibur Rahman J Syed Mohammed Ali J Gura Meah Shah & others ………………….Petitioners Vs. Zahir Ahmed and others.....................Opposite Patties Judgment February 7, 1984. Result: ......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160 ......ssed the impugned order dated 25.1.84. 5. Rules 8 and 12 of Order 9, C.P.C. are as follows:— "8. Procedure where defendant only appears:—Where the defendant appears and the plaintiff does not appear when the suit in called on for hearing, the Court shall make an order that..Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ...... This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......-67. The operative portion of the order is to the following effect:- “That the suit be decreed ex parte with costs. Defendants are directed to execute and register a Kabala in favor of the plaintiffs within 30 days, in default, there will be a Kabala through court. Plaintiffs to deposit R..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
....le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ......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......le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ......gh Court of East Pakistan passed in F.A. No.56 of 1966, affirming those of the Subordinate Judge, Additional Court, Khulna in Title Suit No. 50 of 1964. 2. The suit was for declaration of the plaintiff's title in the land in suit and for recovery of possession thereof, if found to be out of..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
.... 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 ......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 ......ned Subordinate Judge, Additional court, Noakhali in Title Appeal No. 124 of 1963 by his Judgment and decree dated 16th June, 1965. Against that decision the present appeal was preferred. 2. The plaintiff's case in short is this that suit land belonged to pro-defendant who told it to the pr..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
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