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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 ......n 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. Phuljharia and another, A.I.......e State; this was a gift to an individual whose estate lay upon the river or lay upon the sea, a gift to him of that which by accretion, became valuable and usable out of that which was in a state of nature neither valuable nor usable.” 22. This classical exposition of the law has, in the..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 ...... Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ......5.71 vacating stay order and confirming the sale, and that dated 31.5.71 issuing writ of delivery of possession are null and void. 30. Mr. Huq has further argued that these two orders are in the nature of restitution. Restitution can follow only when an order giving rise to certain action has b..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....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 ......hman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ......invoked if there is an alternative remedy which is adequate and specific. 8. As to the disputed question of fact, it is now well settled that a proceeding in the writ jurisdiction is more in the nature of a summary proceeding in which examination of disputed question of fact of a complicated na..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
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. ...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......y the Government purported to have been exercised under some statutory power to be null and void, and inconsequence thereof he has prayed for injunction as the consequential relief. In a suit of this nature there is no objective standard of Valuation and the Valuation given by the plaintiff should b..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......h Court in revision should interfere, and when it should not. In Joy Chand's case High Court's interference was upheld by the Privy Council because the subordinate court "committed an error as to the nature of the loan and on that erroneous decision failed to exercise its jurisÂdiction in not reope..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
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 ....... A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ......urpose of showing that the conclusion drawn by the learned Subordinate Judge in regard to the construction made by the plaintiff on the requisitioned land does not seem to be justified in view of the nature of the notice drawn up under Section 3 of the Act as well as the nature of service ..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. ......th Vs. Hancock, (1) 1894/2 Ch page 377 Lawyers Involved: Sultan Ahmed Deputy Attorney General—For the appellant Substitutes. No one—For the Respondent. Appeal from Original Decree No. 12 of 1965. Judgment K.M. Subhan J.—This appeal is by the erstwhile......have been filed on behalf of the plaintiff in support of their case. 8. P.W.1 Sree Dayaram Khorabhai, one of the partners of M/s. Lucky Biri Co., has proved Ext 1 the partnership deed and his signature. It is found in his evidence that there was a partition deed between his father and brother. ..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......r got the report from the Medical Officer who held post mortem examination on the dead body that the death in question resulted from the injuries found therein which were ante mortem and homicidal in nature. The Investigating Officer after completing investigation submitted charge sheet against all ..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
.... 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
......it No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......e obtained.
21. The judgment of Tek Chand, J. in A.I.R, 1960 Punj. page 98, who differed from that of Meher Singh, J. on the interpretation of section 176 of the Contract Act as to the nature of the notice, has been strongly relied upon by the learned Advocate, for the Appellant in su..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......tioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......he orders of detention passed on 1-1-74 and 1-2-74 respectively. The circumstances leading to the arrest of the petitioner and the manner in which the detaining authority proceeded show the mala fide nature of the action. Before proceeding further the relevant provisions of sections 17(1) ..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
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 ......olved: Fazlul Karim—For the petitioner. An application under section 115 (1) of the Civil Procedure. Judgment Mohammed Habibur Rahman J.—This is an application for issuing rule upon pre-emptor opposite party No.1 Zahir. Ahmed. Shah to show cause as to why the impugned...... attorney. This was tantamount to a revision of his earlier order directing the personal appearance of the pre emptor. A court has always the discretion to revise a direction of the present nature and exempt a party from appearing personally and be satisfied with his appearance through att..Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ......R (SC) 318; Abul A'ala Moududi Vs. Govt. of W. Pak., 17 DLR (SC) 209; Chowdhury Tanvir Ahmed Siddiky Vs. Prov of E. Pak 20 DLR (SC) 144; Haseam Vs. Tribunal, PLD 1959 Kar. 286; She ppard Vs. Wheeling (30 W. Virginia 479) and Court of Iowa in State of Iowa. O. Neil (147 Iowa 593); Norton Vs. Shel......s, like Wakfs and Debuttors, as well as the validity of certain notifications under section 3 of the said Act purporting to acquire the properties of some religious institutions of the said nature were in question, The contention was raised that the provisions of the Act and notifications ..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
.... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ......er as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ......a driver in their cigarette factory at Fouzdarhat, Chittagong. In the petitioner's grievance petition under section 25(1) of the Standing Orders Act no dispute has been raised as to the nature and character of the organization which he works in. His case stated in the petition, is that..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393 ......e Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393 ...... was to deliver the same to respective dealers, Millers, U/Cs etc. Had the accused any mala fide intention he could simply hand over the cyclostyled copy to Mr. Shahjahan Mia without obtaining any signature on a slip of paper, as the Peon Book was out, and he would not have pasted the same in the Pe..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | 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. ...... July 11, 1973. Result: The rule is discharged Cases Referred to- Shah Wali Vs. Ghulam Dim, 19 DLR, S.C. 143; S.M. Yousuf and another Vs. Khandker Hafizur Rahman and others, in Civil Revision case No. 326 of 1962; Azizul Hoque and others Vs. Shuasini Ghose, 21 DLR (Dacca) 3...... do even after the period originally fixed or granted has expired. But this section, it is now well settled, does not apply where the period is fixed by a decree in a suit unless the decree is in the nature of a preliminary decree and the court still retains seisin over the action. The principle upo..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ......ed. Case Referred to- Kant Ram Sil and another Vs. Sumitra Devi and others, 16 DLR Dacca 272; Serbeshwar Das Mohantu Vs. Baishnab Das Mohanta and others, C.A. No. 24. D of 1969;Kazi Shumsuddin Ahmed Vs. Mst Nurtn Nehar, 21 DLR (Dac) 41; Banduru Battuya and others Vs. Guddutn Chandray......, Sylhet where the was offered, and made to take drinks in liberal measures, that, at that place, the plaintiff No. 1 and his associates insisted that the defendant No.1 should put her signature on some written papers purported to be an agreement and also on some blank sheets which were ..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
....le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ......Habibur Rahman, Advocate ‑ For the Opposite Party No.1. Civil Rule No.627 of 1969. Judgment Abdullah Jabir J.- This petition under section 115 of the Code of Civil Procedure is directed against an order dated 20.3.69 passed in Misc. Case No.262/66 by Mr. M Islam, Dist. Judge, Chittagong r......€‘section (1) of section 35, sub‑section 1 of section 40 and section 50 can be invoked only by a petition. The function of the District Judge under sub‑section (1) of section 40 is of an advisory nature, and naturally no right of appeal has been provided when he acts thereunder. When a petition ..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
....eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in: 24 DLR (HCD) (1972)103 ......t at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in: 24 DLR (HCD) (1972)103 ......eath, in the opinion of the doctor, was due to the extensive head injuries and injuries to the right-kidney and right lung. According to the Doctor, all the injuries were ante mortem and homicidal in nature. He also expressed his opinion that the puncture and penetrating wound may be caused by point..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
Moklesur Rahman & others Vs. State & others, 1983, 12 CLC (HCD)
....the court concerned immediately for early disposal of the present case. Amin-ur-Rahman Khan J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 174 ...... of the present case. Amin-ur-Rahman Khan J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 174 ......before this Court. He firstly contended that provisions of section 339C (4) firstly contended that provisions of section 339C (4) of the Code of Criminal Procedure is mandatory in nature and the case having been stopped and the accused persons having been released the revival or ..Category: Criminal Law, Procedural Law | Date: | Hits: 1
M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
....cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551 ......ed. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551 ...... this controversy excepting to state that under the provisions of the proclamation of independence, the President and the Acting President has powers to issue orders both legislative and executive in nature. So far as the Acting President's Order of 26.12.71 is concerned, this was specifically r..Category: Abandoned Properties Law | Date: | Hits: 7
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