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Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ......his decision of the Supreme Court of Pakistan. In that case the Supreme Court of Pakistan made a critical examination of the "doctrine of legal positivism" propounded by Hans Kelson, and on review of its previous decision in the case of State Vs. Dosso, P L.D. 1958 S.C., 533 overruled that..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....o 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 our Constitution in Article 102. Judicial pronouncement in the highest level have explained that the jurisdictional aspect has been e......reflected only the will of the Chief Martial Law Administrator who ordained that no action taken by him or by any Martial Law Authority, howsoever unjust such action may be, shall be open to judicial review.” In this view of the matter it was held that both the Presidential Order No. 3 of..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 ......dum of an appeal under sub-section (7) shall, notwithstanding anything contained in the Court Fees Act, 1870, bear a fixed Court fee of rupee one. (13) For the purpose of an application, appeal, review, revision and consequence of non-appearance, relevant provisions of the Code of Civil Procedu..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....re the Court below nor noticed by the Court itself. But, in our view, the contention of the learned Advocate is of substance. Although upon the basis of certain observations of their Lordships of the Judicial Committee in the case of Fischer Vs. The Secretary of State (ILR) 39 Cal. 704), there have ......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 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
.... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ......ty. He confiscated the imported goods and directed that the same be disposed of by auction. The petitioner's revisional application before the National Board of Revenue was rejected on 11.8.75. A review application and a second revisional application met the same result. Then on 22.11.76 the pet..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
.... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ...... S.S.Halder—For the Appellant. Md. Abdur Rahim—For the Respondents. Second Appeal No. 359 of 1973 Judgment Abdur Rahman Chowdhury J.- These two applications, one for review of the order dated 14-11-77 passed by this court and another for leave to appeal under Clause..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
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 ......substantive pay of Tk. 1,000/- inclusive of technical pay on the above mentioned pay scale. He made a representation on September 1, 1972 to the Minister-in-charge of the Ministry of Communication to review the acceptance of his resignation and utilise his service as an engineer in the war-torn coun..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......o. 2 filed an appeal under section 134 of the Act. The appeal was heard and dismissed by the Assistant Registrar by order dated 3.3.72. Thereafter, respondent No. 2 filed an application for review under section 135(2) of the Act which was also rejected by the Joint Registear by o..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....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 case of The-High Commissioner for India and another V...... by the petitioner. Mr. Shafiuddin has lastly contended that the petitioner's application under Article 102 of the Constitution is not maintainable since an alternative remedy by way of review before the President of Bangladesh was available to the petitioner under the Rules of 1976. ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....e 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 case of The-High Commissioner for India and another V...... by the petitioner. Mr. Shafiuddin has lastly contended that the petitioner's application under Article 102 of the Constitution is not maintainable since an alternative remedy by way of review before the President of Bangladesh was available to the petitioner under the Rules of 1976. ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....e was avoidable and hence remedy against it lay only in an appeal to the Commissioner under section 2 of Act Vlll of 1868. in support of this contention he has relied upon a decision of the Judicial Committee of the Privy Council, Raja Govinda Lal Roy Vs. Ramjanam Misser and others, 20.1. ...... 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. ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....e was avoidable and hence remedy against it lay only in an appeal to the Commissioner under section 2 of Act VIII of 1868. in support of this contention he has relied upon a decision of the Judicial Committee of the Privy Council, Raja Govinda Lal Roy Vs. Ramjanam Misser and others, 20.1. ...... 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. ..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. ......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)
....re him. Section 265 provides for High Court powers to appoint Delegate of District Judge to deal with non-contentious cases and it runs as follows:- (1) The High Court may appoint such Judicial officers within any district as it thinks fit to act for the District Judge as Delegates to......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 ..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
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......d in the said order, the appeal is brought to a close and completely disposed of and the Court which made the order loses all jurisdiction therein except its power under section 152 of the Code or of review. The Dacca High Court considered similar question in the cases of Manindra Chandra Dey and ot..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....ot the record of mere possession or occupation, which was to be prepared under Chapter X. The term itself seems to be self-expressive, Sir Lawrence Jenkins in delivering the judgment of the Judicial Committee of Privy Council in the case of Dakas Khan Vs. Ghulam Khan Qasim ILR 45 Cal 793 2......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. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
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. ......proceedings. A final order having been passed the proceedings are closed so far as he is concerned and he is henceforth functus officio. To hold otherwise would amount to granting him a power of review which power he does not possess under the Criminal Procedure Code. Once a final order is ..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. ......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