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Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
....ablished, the plaintiffs cannot succeed in a suit for mere injunction. Injunction in such cases follows from right either admitted or established, proved and declared. In the instant case there is no prayer of declaration of the right of easement. The learned Munsif curiously enough reached the find...... Respondents. Appeal from Appellant Decree No. 136 of 1970. Judgment Ranadhir Sen J.- This appeal at the instant of the plaintiff is directed against the judgment of reversal in a suit for permanent injunction. The plaintiffs, 17 in number filed a suit for permanent injunction restrai...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
....er, the workers union had filed a proceedings and also prayed for an order of injunction under or. 39, rule 1 and 2 C.P.C. The employer by filing written statement objected to the prayer and, inter alia, mentioned that finding no other alternative and also to keep the good relati......r Court at Khulna, in IRO Case No.395 issuing temporary injunction restraining the petitioner from stopping payment of the bona fide granted to the workers on the basis of agreement dated 25-7-77 and for such or further order or orders as to this Court may seem fit and proper.
2. Facts giving r......ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
......ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
....eritance of the owner of the land who was an enemy alien. The Sub-Divisional Officer (Respondent No. 4) by his order dated 13.9.1972 leased the land to the objectors, Respondents 5 to 7 rejecting the prayer of the petitioner, without however assigning any reason. This order was challenged in an appe...... Khan Chowdhury J
Habibullah........................................Petitioner
Vs.
Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administration & Land Reforms, Bangladesh & others......................................Respondents
Judgment
J......ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
......ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
..
Category: Property Law | Date: 10 Jun, 1977 | Hits: 2
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....ause 15 of the Letters Patent. In view of the important question of Law involved in this case particularly when there is no authoritative decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (19...... M. Husain J.- This appeal at the instance of the defendants is directed against the judgment of the lower appellate Court affirming the judgment of the trial Court decreeing the plaintiff's suit for declaration of title and confirmation of possession of the disputed suit land. According to......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....hority to do so and was forwarded to the Sub-Divisional Magistrate with allegations which were absolutely frivolous and vexatious. He was sent to jail for an offence which was a bailable offence. His prayer for bail was rejected. His detention in custody in a bailable offence was wholly illegal when...... Mirza Golam Hafiz with Mr. Md. Abdul Aziz—For the petitioner. No one—For opposite party. Judgment Abdur Rahman Chowdhury J.—This rule arises out of an application for quashing the proceedings in C.R. case No. 98 of 1976 pending in the court of Sub-divisional Magi......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....esaid sections. The petitioners thereafter moved the learned Session Judge for referring the matter to this Court for quashing. The Learned Additional Sessions Judge who heard the matter rejected the prayer and then the petitioners moved this Court and obtained the present Rule. 3. Mr. Mirza Go......er. A.R.M. Shafiqur Rahman—For the Opposite Parties. Criminal Revision No. 1274 of 1974. Judgment Abdur Rahman Chowdhury J.—This rule arises out of an application for quashing the proceeding in C.R. Case No. 716 of 1973 pending in the Court of Sub-Divisional Magi......ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ......ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
.... the accident. In cross-examination this witness stated that when the motor launch "M.L. Jalamoni" turned towards north in the river Meghna he just finished 3 Rakats of Faraj of the Maghrab prayer and he turned salam, when he saw the hitting of the launch "M.L. Jalamoni". This wi...... Company" and Respondent No.2 (Plaintiff No.2) New Jubilee Insurance Company Ltd. being the insurer of the said Vessel, by virtue of the letter of abandonment by the insured, instituted the suit for a decree for Rs. 73,311/- against the defendant, along with other reliefs. In the suit it was st......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
....fits from the shipping business arose in Pakistan and the status of the Company was, therefore, resident as well as the computation of the total income as made by the Income-tax Officer were wrong. A prayer was made in the said appeal to the effect that the computation of income, accruing to the com......id scheme was that the losses and unabsorbed depreciation of the Said two British Companies as assessed upto the date of transfer would pass to the appellant Company. The assessment of R.S.N. Co. Ltd for the year 1947-48, the previous year being Calendar year 1946, was made in Pakistan on 29.3.52. T...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....entations were made by the 5 partners of the firm representing 75/- of the interest of the firm as K.P. Mahmud who represented 25/- of interest of the firm was not here at that time. They made a prayer for release of the firm. On 6th January, 1973 a Section Officer of the Ministry of Shipping, ......again reconstituted by the remaining 3 partners K.P. Mahmud, Mohammad Kamal, H. Amir Ali along with 3 new partners namely, M.S. Islam Chowdhury, Mujibur Rahman and Syed Mohammad in place of the aforesaid retried partners. On the 6th of January, 1972 a Notification purported to have been is......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....72 and President's Order No.90 of 1972 Government pleader, Satkhira, filed an application for abatement of the suit on November 18, 1972. An ex parte order was made by the learned Munsif granting prayer for abatement. Being aggrieved the appellant filed an application under Order 22 rule 9 read ......s against the judgment and order of a Bench of the High Court Division passed in Civil Revision No.776 of 1973. 2. The only question involved in this appeal is whether the suit by the appellant for a declaration that they are entitled to a certificate under Section 20(4) of the East Benga......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....with costs. The judgment and decree of the Court of appeal below is hereby set aside. The judgment and decree of the learned Munsif with regard to the declaration is restored. But the plaintiff's prayer for reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff......ller, Defendant.......Respondent Judgment August 28, 1976. Result: This appeal is allowed. Lawyers Involved: Md. Nurul Huda—For the Appellant A.K.M. Siddique for Hafizullah—For the Respondent. Appeal from Appellate decree No. 204 of 1963. Jud......r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ......r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)
....he judgment appealed from, unless the Court in its discretion on good cause shown shall grant further time. No time limit is however prescribed for filing application for leave to appeal. Normally, a prayer for leave is made orally and immediately after the judgment is delivered. When the facts of t......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)
....the following order: “Petitioners filed no hazira. Opposite party files a petition for adjournment of the hearing on the ground stated therein. Copy served. Heard the learned Advocate. The prayer is rejected. Hence ordered that the Misc. Case be dismissed for default.” 3. There......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. ...... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ...... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
..... The previous charge-sheet was treated as withdrawn as per opinion of the learned Public Prosecutor. The case dragged on for about a year and on 23-5-73 the following order was made:
"Seen prayer of Court' Inspector Ctg. and decision of the D.S C. dt. 19-5-73, perused records. S P. Ct......he rule is made absolute.
Order of the Government Needed to Extend Initial Detention—
The absence of the initial detention beyond 6 months with extended by any order of the Government for further investigation coupled with the non-submission of the charge-sheet before the Special Tri......i be set at liberty at once.
In the result, the rule is made absolute.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 517
......i be set at liberty at once.
In the result, the rule is made absolute.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 517
..
Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....the High Court which was dismissed on 6-3-63. The opposite-party was allowed to resume his duty on 29-4-63 without payment of his arrear salary for the period of his absence. The opposite-party's prayer for arrear salary being refused he filed an application under section 15(2) of the ......ur and another, AIR 1956 Rajasthan 145; Ganeshi Ram Vs. District Magistrate and another , 1962 P.L.C. 1021. Lawyars Involved: Mozammal Huq—For Petitioner (In C.R. No. 1423 of 1970 and for opposite party (In C.R, No. 811 of 1968) Ranadhir Sen—Dy. Attorney-General—For ......e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ......e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
.... for release of M/S. M. Moin & Co. 150, Nawabpur, Road, Dacca. Ref: His Prayer dated 11. 10. 1972. The undersigned is directed to say that Government regrets their inability to accede to his prayer for release of M/s. M. Moin & Co., 150, Nawabpur Road, Dacca. Sd/- Md. Sirajul Islam......bsp; On receipt of information to that Government bound to restore the property. If on some sort of information the ......is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ......is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
....ub-section (3) of the Companies Act, 1913 filed by Mr. Ahmedur Rahman, Managing Director of Manipur Tea Co. Ltd. for condoning the delay in holding the Annual General Meeting for the year 1972 with a prayer for directing the petitioner to hold the said Annual General Meeting within six weeks from th......ash; This is an application under section 76 read with section 79 sub-section (3) of the Companies Act, 1913 filed by Mr. Ahmedur Rahman, Managing Director of Manipur Tea Co. Ltd. for condoning the delay in holding the Annual General Meeting for the year 1972 with a prayer for di...... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ...... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
....n both the petitions are discharged. We, however, make no order as to costs.
The learned Advocate for the petitioners prays for a certificate under Article 102 of the Constitution. The prayer is refused, since the interpretation of the expressions "aggrieved persons" does no......a Government Controlled Organization. The petitioners in these 2 petitions are no other than a body of workers of the respective mills, namely; Eastern Hosiery Mills and Messrs. Gadit Industries, who formed themselves into Societies registered under the Cooperative Society Act, 1940. The impugned Or......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....tioner denying the material allegations of the opposite party and praying for dismissal of the suits on the ground, inter alia, that the said awards were not enforceable in Bangladesh. 4. On the prayer of both parties the learned Subordinate Judge took up the question of the maintainability of ......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. ......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 ......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
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....t. As for instances in a suit for money, a defendant may be allowed to put in a claim according to law on payment of Court fees, by a way of set off or in a suit for partition, a defendant may make a prayer for a Saham in the suit and a decree may be made in favor of a defendant on the basis of such......ince of East Pakistan, which was defendant No. 1 in the suit. 2. The plaintiff respondents brought this suit being Title Suit No. 42 of 1943 in the Second Court of Subordinate Judge at Bakerganj for a declaration of title and recovery of khas possession and for mesne profits as well as for a pe......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 ......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 ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
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