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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. ...... the Proclamation of the 20th August, 1975". Mr. Huq has argued if this is the overt policy of Proclamation of Martial Law which was done by the Proclaimed on 20th August, 1975 while seizing the full power of the Government with the help and mercy of the Almighty Allah and relying upon blessing......f that Constitution. For the first time the nomenclature of prerogative writs such as Mandamus, Certiorari, Habeas Corpus and quo warranto were omitted from the constitutional vocabulary and the language was adopted which is in identical terms of the present constitutional terms and finds place in o..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 ...... (1) shall be deemed to be a plaint and order passed thereon shall have the force of a decree under the Code of Civil Procedure, 1908. (3) An application filed under subsection (1) shall contain full particulars of persons likely to be affected by an order on such application and shall also con...... “Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and tha..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ...... A.I.R. 1973 SC 2565 the Indian Supreme Court upheld the view expressed in A.I.R. 1943 Madras 698 (F.B.) and observed: “The decree of the High Court here in so far as it held that the mortgage money can be recovered only from the half share in the properties Was also a decree in favour of..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......at all grounded. If there exist such materials then the omission to state the grounds of satisfaction will not vitiate the order.” Their Lordships quoted with approval the decisions of the full Bench of the Calcutta High Court, reported in 9 CWN 1065 where in it has beep held that If the ......he proviso which hat been appended to the 4th sub-section the case is one of emergency. It is argued that necessarily the Magistrate has to take this step of attachment only after the compliance of stage that is contemplated in sub-section (3) that means after the copy of the order has been served u..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......at all grounded. If there exist such materials then the omission to state the grounds of satisfaction will not vitiate the order.” Their Lordships quoted with approval the decisions of the full Bench of the Calcutta High Court, reported in 9 CWN 1065 where in it has been held that If the ......he proviso which has been appended to the 4th sub-section the case is one of emergency. It is argued that necessarily the Magistrate has to take this step of attachment only after the compliance of stage that is contemplated in sub-section (3) that means after the copy of the order has been served u..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
...., any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......), Government of Bangladesh.
6. It appears from this Resolution that the Government accepted a proposal of the Scientific & Technological Research Division of the Ministry for establishing a full-fledged. Council for initiation promotion and guidance of Scientific and Industrial Research in...... was slated that he was dismissed, from his service on the said allegation contained in the charge-sheet dated 4.5.77, although he had been charged with some minor offence punishable by censure, stoppage of increments etc. He submitted a representation to the respondents demanding justice. Thereupon..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ......2-72 to 29-11 -72 was treated as leave with pay by the order dated January 1, 1973 of the Chief Personnel Officer, Bangladesh Railway, Chittagong. Thereafter his seniority was fixed by the General Manager of the Railway on the basis that there was no break in his service. The Government sent the pet..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
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. ...... down that there can be no remand unless the conditions laid down in those rules exist. I am, therefore, clearly of the view that the learned Additional District Judge as the final Court of facts was fully competent to decide the case himself as the evidence on record was sufficient to enable him to......21 of the Ordinance and no permission from the Rent Controller is required for payment of the same by the tenant…… (20-22) Unpaid Court fees can be ordered to be paid at any stage by the person by whom such fee is payable— The Court may in its discretion, at any st..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
.... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ...... have been heard together and this judgment will dispose them of. 2. The plaintiff, Dacca Match Factory Limited, a company registered under the Companies Act, now placed under the control and management of Bangladesh Chemical Industries Corporation, has been manufacturing and selling safety mat..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ......oint before us whether filing of the cross-objection even before the admission of appeal under Order 41, rule is C.P.C. is competent. There is no doubt that right to file cross-objection accrues fully agreeing with the above Full Bench decision of the Lahore High Court, on and from the date of ......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
....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.
......arious agencies considered the necessity of detaining the detenus was vague. It is further mentioned in reply that had there been any materials against the detenu the respondents would have given the full particulars. In this view of the matter it is contended that the detention is illegal.
3. ......n reply it is stated that the detenu is a bona fide businessman of Jhaudanga Bazar and it is further challenged in the statement that Anti-Smuggling Committee after considering the reports of various agencies considered the necessity of detaining the detenus was vague. It is further mentioned in rep..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
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. ......laims of the Government to its shares of the rental........ Though it does not create a title, it gives rise to a presumption in its support, which prevails until its correctness is successfully impugned". 11. The relevant entries in the settlement record of rights are that Faiz......espondent No.1, was decreed. 2. Respondent No.1 instituted the suit on the allegations that the disputed land originally belonged to one Aftabuddin Sarkar, who gave the land in usufructuary mortgage to one Fdizuddin Haji for a period of three years for a sum of Rs. 50/-. After expiry of the sai..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....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 ......tion 263 of the Succession Act, 1925 for revocation of the probate granted on 28-4-61. In that application it was stated that respondent No.1 Naresh Chandra Guha falsely claiming himself as full brother's son of the deceased Abani Mohan Guha, filed an application for probate of a Will ......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
....de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......with one lac rupees. It was mentioned that he took loan from the House Building Finance Corporation and the estimate of the Corporation was about Rs. 63000.00. He cited his outstanding loan by giving full particulars and the money that he received by cheque was also mentioned by mentioning all the c......ney that he received by cheque was also mentioned by mentioning all the cheque numbers. He further pointed out that (he Screening Board had fallen into an error by taking Rs. 4501- as his monthly average expenses whereas his salary was Rs. 2801- per month and furing the period he was bachelor and he..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
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. ......ed under the Emergency Requisition of Property Act. Again, neither the Tribunal nor the Arbitrator is a Court within the definition of a Court in the Civil Procedure Code. Whereas the L.A. Court is a full-fledged Court as specifically defined in section 3 of the Acquisition Act. There it h......he Court under the Land Acquisition Act, 1894" in sec. 91A. One way of interpreting it is to treat the Court in this section to mean the tribunal under the Town Improvement Act, if the language of the section could be so construed. Do we get any such language in this section? We find none...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. ...... has been an order discharge. Their lordships were, however, the view that a second prosecution is permissible if the order of discharge was not passed on merits after recording of the evidence in full compliance of the provisions of sections 352 & 253. It was also held that if cognizance is...... unrebutted, would warrant his conviction, the Magistrate shall discharge him. (II) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be gr..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....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. ......ng punishment, but in the instant case, as noted above, the departmental proceeding concluded on awarding punishment; and secondly, the question was not pressed, and consequently the question was not fully examined. However, the learned Judges were not in favor of such revival of a case and observed......nstruction but in violation of the specification the Contractors actually used locally manufactured Punjab burnt bricks; and that the petitioner in preparing the bilks of the contractors allowed carriage rate to the contractor when there was no carriage of bricks as contemplated under the contract. ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
.... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ......ment Pleader in this particular case has not only been utterly defiant to the provisions of law, but to us it appears, had been acting not under the instructions of his client. It is strange that the full process fee was not filed even a month after the filing of an application under Order 9, rule 1....... The Code of Civil Procedure, 1908 (Act No. V of 1908), section 151; Order 9, rule 4 A client shall not suffer because of negligence and enigmatic conduct of its agent lawyer for the ends of justice...............(8) Cases Referred to- The Si..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
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. ......l be on such person, acquires possession of or is in any way concerned in carrying, removing, depositing, harboring, keeping or concealing or in any manner dealing with any goods which have been unlawfully removed from a warehouse, or which are chargeable with a duty which has not been paid, or with......y or to an office, is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.” The language of this section is clear to indicate' that a suit is expressly barred if a legislation in ex..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
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. ......as follows:— "18. (5) No tenant shall be entitled to the benefit of this section in respect of any premises unless, he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance within the time fixed in the contract with his landlord......” 13. In Chandra Srinivasa Rao Vs. Korrapati Raja Ram Mohon Rao, AIR 1952 Madras 579, Subha Rao J., while considering the question whether the lending money to a guardian to celebrate marriage of her child is really for the purpose of enabling her to commit an act which is not only prohib..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
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