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Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
...., an application was filed on 24.2.73 by the appellant and others for dispensing with the service of notices upon all those respondents who did not appear or contest the suit in the Courts below. The prayer was allowed on 30.5.1973. It appears that the respondents 3(5), 32, 33, 35, 50, 51, 52 and 65......port of proviso to Rule 11 of Order 22 of the Code of Civil Procedure is involved. Detailed facts in controversy between the parties need not be set out excepting that the appeal arises out of a suit for partition instituted by the plaintiff respondent. It was decreed in preliminary form by the tria......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
....after moved this Court and obtained the present rule. 3. There is appearance by two learned Advocates on behalf of Respondent No. 2, one of whom was subsequently elevated to the Bench and on the prayer made on behalf of Respondent No. 2 adjournment was granted for two weeks to enable him to eng...... he is employed in a supervisory capacity. To be able to say that he is not a worker it has to be established further that he exercises functions mainly of a managerial or administrative nature. Therefore, what is important in determining whether a person is a Worker or not is to see the main nature......ly made absolute. Since the rule is not opposed, we make no order as to costs. A. T. M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 301 ......ly made absolute. Since the rule is not opposed, we make no order as to costs. A. T. M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 301 ..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)
....ax' means and refers' to the municipal tax. Mr. Nurul Huda has submitted that he has no reason to distrust his learned friend. We ourselves adjourned the hearing of these two petitions on the prayer of the learned Counsels on innumerable occasions spreading over months to have the benefit of......sp;31 DLR (1979) 414. ......ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414. ......ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414. ..Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
.... for personal hearing when he submitted his explanation, Annexure C he asked for personal hearing when he showed cause (Annexure G) against the proposed punishment. The authorities did not allow this prayer as it was too late. Be that as it may, in a case like the petitioner's, where there are n......cted in this godown and it was found, on verification that 111 rolls of synthetic fabrics had been missing from the godown. The petitioner suspects the chowkidars on duty and himself lodged a First Information Report to the Police against them. The police after investigating the case submitted final...... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ...... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
....is application under Article 102 of the Constitution of Bangladesh is directed against an order passed by the Government of Bangladesh retiring the petitioner compulsorily and rejecting his prayer for crossing the efficiency bar.
2. Facts leading to this rule, in brief, are that the p......ication under Article 102 of the Constitution of Bangladesh is directed against an order passed by the Government of Bangladesh retiring the petitioner compulsorily and rejecting his prayer for crossing the efficiency bar.
2. Facts leading to this rule, in brief, are that the petition......but haying regard to the facts and circumstances of the case there will be no order as to costs.
A.T.M. Afzal J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 339
......but haying regard to the facts and circumstances of the case there will be no order as to costs.
A.T.M. Afzal J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 339
..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....acts and circumstances and the petitioner has reason to apprehend that proper justice has not been done with his Lordships in the Bench. The appellant filed an application on November 24, 1978 with a prayer for treating his application dated August 29, 1974 as an application for review. 4. Resp....... Judgment Rahul Islam J.- This contempt proceedings started on a suo motu Rule issued by this Court against Abdus Sobhan, appellant in Civil Appeal No.9 of 1978. 2. The facts relevant for disposal of the matter are as follows: The appellant Abdus Sobhan filed Civil Appeal No.9 ......of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
....the Sea Customs Act, 1878 (here in after called the Act) for the alleged shortage of different categories of imported oil. It was alleged by the petitioner represented by Mr. Joynul Abedin that their prayer for time to show cause was refused and the matter was disposed of and penalty imposed on the ......os. 248 to 281 of 1970 Judgment Abdur Rahman Chowdhury J. - These Rules are directed against an order of penalty imposed by the Assistant Collector of Customs, Chittagong on the petitioners for the short landing of imported petroleum products and they are taken up for analogous hearing sin...... facts and circumstances of the cases, we make no order as to costs. A.T.M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 306 ...... facts and circumstances of the cases, we make no order as to costs. A.T.M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 306 ..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
.... petition for implementation of this decision and sought a direction in the nature of mandamus directing the respondents to do which is required by law to do. The High Court Division has granted this prayer and no exception can be taken. Lastly, a halfhearted argument was advanced as to the competen......e Potest De Injuria Sua Propria—No man can take advantage of his own wrong.
The learned Attorney General argued that no deed of transfer having been executed, no right was conferred on the former owners for claiming restoration does not hold good because the well settled principle is no b...... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
...... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......n Writ Petition No. 479 of 1978, the petitioner CM Yusuf was first appointed in the PIAC on 17th April, 1961 in PIA Grade No. IV. It is his case that by dint of meritorious service he was sent abroad for training twice and that he was promoted to Grade VII as Senior administrative Officer at Karachi......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.... judgment and order is set aside; the petition for winding up is allowed and it is directed that the Company be wound up. The respondents shall pay costs of the appeal as well as the petition. A prayer for staying the operation of this order in filing of an appeal to the Appellate Division has ......dent No. 2 Appeal No. 8 of 1975. Judgment Shahabuddin Ahmed J. - This is an appeal from a judgment and order of a learned Single Judge of this Court dated 18-2-75 dismissing a petition for winding up of a Company under section 162 of the Companies Act, 1913. Petitioner is th...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....the above order the 1st party petitioner filed an application on- 11-3-74 before the learned Magistrate for revival of the proceeding. The learned Magistrate by his order dated 11-3-74 disallowed the prayer for revival. Thereafter the 1st party petitioner moved the learned Sessions Judge in Criminal...... DLR (SC) 246; Moslem Fakir and others Vs. Ainuddin Talukdar and others (1965) 17 DLR 705. Lawyers Involved: Syed Azizul Huq, Syed Moinul Huq-For the Petitioner Fakhrul Islam for Shah Md. Sharif-For Opposite Parties. Criminal Revision No. 786 of 1974. Order ......e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....ection 13 of the, Police Act in Misc. Petition No. 2 of 1977. 2. The facts of the case, briefly stated, are as follows: On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed a prayer before the District Magistrate, Bakerganj for police protection under section 13 of......sp;13 of the, Police Act in Misc. Petition No. 2 of 1977. 2. The facts of the case, briefly stated, are as follows: On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed a prayer before the District Magistrate, Bakerganj for police protection under section 13 of the Poli......proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....ection 13 of the, Police Act in Misc. Petition No. 2 of 1977. 2. The facts of the case, briefly stated, are as follows: On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed a prayer before the District Magistrate, Bakerganj for police protection under section 13 of......sp;13 of the, Police Act in Misc. Petition No. 2 of 1977. 2. The facts of the case, briefly stated, are as follows: On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed a prayer before the District Magistrate, Bakerganj for police protection under section 13 of the Poli......e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
....n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......(8)
Appeal from appellate decree No. 334 of 1964
Judgment
M.H. Rahman J. - In this appeal defendant No. 1 calls in question a judgment of affirmance decreeing the plaintiff's suit for partition in preliminary form.
2. The plaintiff claimed partition or schedule 'Kha'......n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
............................Petitioner Vs. Election Commission of Bangladesh and another.....Respondents (In Petition No.447 of 1978) Judgment May 31, 1978. Result: The prayer is rejected. Lawyers Involved: Dr. Aleem-Al-Razee, Ahmad Husain, Mohammdd Abdur Rou...... of Bangladesh under the Presidential Election Ordinance, 1978, briefly the Ordinance. The petitioners are 'voters' having their names registered as "electors" in the electoral Roll for the President's Election, and their prayer is that the said Notification should be declared ......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. ......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. ..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)
..... 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. ......t Badrul Haider Chowdhury J.-. This is directed against an order of conviction passed in Martial Law Case No. 6 of 1977 by Special Martial Law Court No. II, Dacca sentencing the accused to death for declaring the same to have been passed without any lawful authority and is of no legal effect an....... 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. ......o file the legal proceedings and therefore, she was aggrieved party. In Manzoor Elahi Vs. State (PLD 1975 (SC) 66 the Supreme Court of Pakistan entertained a petition although it was not moved by the detenue himself but by his brother. In the present case, the vakalatnama could not be obtained from ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....M. Shahid, the learned Advocate appearing in support of the Rules has contended that the learned Munsif acted illegally and with material irregularity in the exercise of jurisdiction in rejecting the prayer for addition of parties. According to the learned Advocate, Order 1 rule 10 of the ......es are directed against two orders of the learned Munsif in two different proceeding under section 143A of the State Acquisition and Tenancy Act. The learned Munsif rejected the application for addition of parties in each of the proceedings. 2. One Rahul Amin Sardar filed an applicati......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 ......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 ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....or. 14. There is another reason why, we think the petitioner cannot get any relief in this proceeding. Article 102 of the Constitution provides for granting relief in personem; but the prayer in the petition and the rule is in respect of the entire result of the examination of Library......sh;This Rule, at the instance of the petitioner, is directed against the respondents to show cause as to why the publication of the result of the examination of Master's Degree in Library Science for the year 1974 without providing in-service training for Part I of Paper 8, should not be declare......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....ossession of the plaintiffs in the suit property. Plaintiff No. 2 was examined as P.W. 1 in the suit and immediately after closure of his examination-in-chief on 27-9-77 the care was adjourned on the prayer of the plaintiffs and on the following day the defendant petitioner filed an application unde......lication under Order 7 rule 11 of the Code of Civil Procedure filed by the defendant. 2. Facts leading to this Rule, in brief, are that the plaintiff opposite parties instituted a suit for permanent injunction against the defendant petitioner and others. The suit was contested by the ...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ......the decision of the Subordinate Judge, Bogra, in Title Appeal No.36 of 1963 reversing that of the Munsif, 3rd Court, Bogra in Title Suit No.183 of 1961. 2. The plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the suit land by evicting the defendants...... C.S. record, under section 114 of the Evidence Act, has been destroyed in this case or whether its presumptive value is still available to defendant 1. The suit is of 1961. Instead of remanding the case I think I should dispose of this appeal under section 103 of the Code o......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
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