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....964 (W P) Karachi 290; Alep Shah Fakir Vs. Muhammad Amud Ali Munshi 7 D.L.R. 603; Kumar Pramath Nath Roy Vs. Nawabzada Syed Ali Mirza and others 2 D.L.R. 319; Province of Bengal Vs. Board of Trustees for Improvement of Calcutta AIR 1946 Cal. 416.
Lawyers Involved:
S. C. Das with Zahir Ahem......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
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....iya Vs. Amit (1965) 3. AER 701; Prov. of E. Pakistan Vs. Serajul Huq Patwari, (1967) 19 DLR 281; Sheikh Pir Muhammad Vs. Khulna Municipal Committee (1967)19 DLR (Dae.)55; Shanmugha Oil Mill Vs. Coimbafore Market Committee, AIR 1960 Mad. 162; Kunnathat Thathunni Moopil Vs. State of Kerala AIR 19......ime of clearance of goods from customs." 26. This, it may be mentioned, was issued according to the amended provisions of paragraph 23(iii) of S.R.O. No.65(R) 66 dated January 26, 1965. The amendment which was affected on April 23, 1966 by SRO 48(R)/66 is as follows: “23. (iii) ...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
...., convicting the appellant under section 25(1) read with item 6 of the Schedule and section 2(b) of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for one year and to pay a fine of Taka 1000/-, in default, to suffer rigorous imprisonment for six m......e Cede of Criminal Procedure read with section 30 of the Special Powers Act, 1974. The appeal came up for hearing before a Division Bench. At the hearing' of the appeal, in view of amendment of section 30 of the Special Powers Act made on July 29, 1974 by the Special Pow......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
Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)
....discharged 2 out of these accused persons against whom final report had been submitted and directed the police to submit charge sheet against the remaining 4 accused persons including the petitioners for the purpose of taking cognizance of the case against them. 3. Mr. Abdul Hye Chowdhury, the ......esired. The learned Advocate for the Petitioners referred to sub-section (7) of section 7 of the Special Powers Act, 1974. Sub-section (7) which has been added to Section 27 by an amendment on 9.11.74 is as follows: “A Special Tribunal may on application or of its own ......tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550 ..Category: Administrative Law | Date: 14 Aug, 1975 | Hits: 1
Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)
....p;…………………Plaintiff/Respondent-Opposite Party Judgment July 24, 1975 Result: The Application is rejected. An application for leave should not be entertained when the appeal is time barred. Case Referred To- Md. ......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)
....iruzzaman under Order 9 rule 4 and section 151 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. ......7 when he came to the Court to take steps in the case. The plaintiff filed written objection against the application. It appears, that subsequently on 21. 8. 67 defendant filed a petition praying for amendment of his application for restoration by deleting section 151 C.P.C. from the headi......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
....he was on his normal inspection duty after the college hours as the Programme Officer on 5. 8. 58, he was seriously injured by the fall of a huge C.I. Sheet which suddenly fell on him with a terrific force from the scaffolding at the top of the Assembly Hall of the College. He was immediately remove...... 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
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....te Judge, Chittagong under section 5 of the Arbitration (Protocol and Convention) Act, 1937, which were numbered as Title Suit Nos. 3 and 4 of 1973. Prayer was made in the said applications for a decree of Tk. 8, 813, 76 and Tk. 37,931.00 on the basis of two Awards dated 19. 6. 68 and 15. ......the learned Subordinate Judge. 5. Mr. Moinul Hossain, the learned Advocate appearing, on behalf of the petitioner submits that the learned Subordinate Judge was clearly wrong in holding that the amendment introduced by Ordinance No. 53 of 1962 whereby Pakistan accepted the notification issued u......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....ith defendant. No. 8 and 9 as also restraining the defendants 8 and 9 from making any payment to defendants 1-7.” 2. The Trial Court was of the view that the suit, in substance, was a suit for possession of property and he also held that the prayer for declaration and for injunction was n......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)
.... D.C. Bhattacharya J. - This appeal is at the instance of the Plaintiff and directed against a decree dismissing his suit. The Plaintiff brought a suit against the Province of East Pakistan for a declaration that the requisition of C. S. Plot No. 992 of Mouza Dhanmondi on or about 19.4.57 ......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 ......ment. There was 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 ..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)
....ppellant Vs. M/s. Lucky Biri Company.................................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; Pres......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. ......m the judgment and decree 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 Bi..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
....h Court of the Subordinate Judge, Dacca in Title Suit' No.7 of 1960, which the Appellant brought against the East Pakistan Provincial Cooperative Bank Limited (hereafter referred to as the Bank.) for a declaration that the sale of the goods which were placed as security for the payment of the mo...... 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
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....er this Rule was issued calling upon the Deputy Commissioner, Dacca to show cause why the petitioner who is alleged to be illegally and improperly detained in jail should not be produced or brought before the Court to be dealt with in accordance with law or set at liberty. 2. The facts of the c......o disclose. (6) Parliament may by law prescribe the procedure to be followed by an Advisory Board in an inquiry under clause (4).” 17. These clauses were inserted by way of the second amendment to the Constitution on 22-9-73. As regards this contention we feel that since we have held......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 ..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....desh, AIR 1963 (SC)1019;M P.V Sundararamier & Co. Vs. State of Andhra Pradesh, AIR 1958 (SC) 468. Lawyers involved: Latifur Rahman—For the Petitioner. Miah Abdul Gafur—for the Opposite parties. Revision Case No.650 of 1971. Judgment Debesh Chandra Bhatt......icle 30 of the Constitution. It may be mentioned that clause (9) was not in the Constitution on the date the Proclamation of Emergency was made, but it was subsequently introduced by means of an amendment which was given retrospective effect from the 6th September, 1965. “(9) Nothing......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. ..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....Code of Civil Procedure against an order of rejection of an application filed by the petitioners under section 151 read with section 148 of the Code of the Civil procedure praying for vacating an order of dismissal of a suit for specific performance of contract. The petitioners f......e dated the 30th March, 1962 in default whereof the suit would be treated as dismissed. A second appeal was filed to the High Court of West Pakistan but this appeal being treated as revision under an amendment of the relevant law was dismissed on the 9th of October, 1962. The pre-emption money as di......-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
....ostafa was a junior clerk in the National Bank of Pakistan, as it then was, Khulna Branch. He was appointed on 22nd July, 1965. Sometime in November, 1966, he was found to have committed certain acts for which he was first suspended and then a criminal prosecution was launched against him. This crim......se (5) (a) of clause 6. Mr. Asrarul Hossain, the learned Advocate appearing on behalf of the Bank stated that the National Bank has since been Nationalized and renamed as Sonali Bank and for which an amendment petition has been filed which has been allowed.
3. Mr. Asrarul Hossain, the learned A......esire, to re agitate the matter before the Labor Court.
We make no order as to costs.
M.N. Huda J.- I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 158.
..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
.... 1973. Result: The Rule is discharged. Lawyers Involved: M. Behtar Ali, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Special Leave to Appeal No.21-D of 1971. Judgment AM Sayem CJ. - This Petition for Sp......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
....as filed on 19-2-68 by M/s. Hardeo Glass, Aluminium, Enamel and Silicate Works, an enemy firm represented by East Pakistan Small Industries Corporation (hereinafter referred to as the 'EPSIC' for a decree of a sum of Taka 7, 24,559.20 on account of loan advanced and money spent on miscellane......Bangladesh by Notification No.Ind-14 vested 16/74/336 dated 30-6-75 placed the plaintiff firm under control and management of the Bangladesh Steel Mills Corporation and accordingly an application for amendment of the plaint for replacement of the words "Bangladesh Small Industries Corporation&q......an Small Industries Corporation (hereinafter referred to as the 'EPSIC' for a decree of a sum of Taka 7, 24,559.20 on account of loan advanced and money spent on miscellaneous accounts by the plaintiff opposite party for the defendant-petitioner. The EPSIC was appointed as agent of the plain..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....tate till disposal of the suit. The plaintiffs who are the opposite parties No.1-3 in this Rule have brought a suit being Title suit No.151 of 1970 in the 2nd Court of Subordinate Judge, Sylhet for a declaration that they are seized and possessed of the property in suit which is known as Looba......nt of this case as well, approved of the observation of Mr. Justice D.N. Mitter made in the aforesaid Calcutta High Court case in the following words:- "In their Lordships opinion the amendment of the law affected by the enactment of section 53A conferred no right of action on a......udge, Sylhet, whereby an order of the trial Court refusing to issue temporary injunction was reversed and an injunction was granted putporting to restrain the defendant from interfering with the plaintiff’s possession in a Tea Estate till disposal of the suit. The plaintiffs who are the o..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....sing the Judgment and Decree passed by the learned Upazila Munsif, Agailjhara, in Title Suit No.4 of 1984 (Previously TS No. 60 of 1981) should not be set aside. 2. Plaintiff is the petitioner before this Court. It was his short case that the suit land was leased out to the plaintiff and one Az......eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136. ......n Title Suit No.4 of 1984 (Previously TS No. 60 of 1981) should not be set aside. 2. Plaintiff is the petitioner before this Court. It was his short case that the suit land was leased out to the plaintiff and one Azahar Bahadur by the owners of the property in 1351 BS on receiving salami and al..Category: Property Law | Date: 3 May, 1972 | Hits: 4
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