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Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
....ough reached the finding that the plaintiffs have a right of easement to use the suit land as pathway. In that view of the matter the suit appears to be bad in form to such an extent that there is no scope of survival. On perusal of the plaint itself it appears that the plaintiffs claim the right of...... 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
....ed into the mind of the detaining authority.
5. Mr. Moazzem Hossain, the learned Asstt. Advocate General appearing for the detaining authority has raised the question of nature and extent of the scope of section 491 Cr.P.C. and contended that the constitutional requirement as to this ......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
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Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
.... the respondent also relied upon a decision of this Court, Dost Mohammad and ors. Vs. The State, (1977) 29 DLR 122 and argued that the impugned action of the Special Tribunal does not fall within the scope of sub-sec. (1) of section 27 of the Special Powers Act, but it falls with Clause (c......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....rried'', if appears that one of the main object of the contract would be frustrated if the goods are not delivered by the shipowners in the same condition it was received by them. There is no scope for violation of the aforesaid rule which by incorporation in the bill of lading constitu......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....ption who has an independent and prior knowledge of the transfer and an independent application filed within four months of the knowledge of the transfer is competent and valid within the meaning and scope of section 96. 14. The view taken by the learned Music that the application of Abdul......since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....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. ......and 174 of the Penal Code and C.R. case No. 98 of 1976 was started against the accused petitioner and he was immediately sent to jail custody. The petitioner on the following day prayed for bail but the same was rejected and thereafter the petitioner moved the learned sessions Judge who gr..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....l dispute, but not for all purposes. It merely means that it shall have all the powers of a civil court for regulating the procedure in respect of such proceeding.” 14. There is hardly any scope for doubting that the Labor Court established under section 36 of the Industrial Rel......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....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. ...... discharge was an order under section 500 of the Code. We are unable to accept the contention of the learned Advocate. Section 500 of the Cede deals with discharge from custody on bail whereas the order of discharge passed by the learned Sub-divisional Magistrate was based on the..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
....r tribunal and the other by the superior tribunal passed in an appeal or revision, there is fusion or merger of two orders irrespective of the subject matter of the appeal or revisional order and the scope of the appeal or revision contemplated by the particular statute. In our opinion, the app...... 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.
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Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....oach Borough Municipality, AIR 1970 SC 192, the Supreme Court of India, while deciding upon the legality of certain assessments made by the Bombay Municipality, had to consider the occasion and scope of validating statutes in general. Under section 73 of the Bombay Municipality Boroughs Act, 1...... 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)
....to determine as to how section 30 should be construed to find out as to whether it is retrospective or prospective. We have quoted all the relevant provisions to show what is the object and scope of the Act and the change brought in by the amendment. Constitution of Courts has not been cha...... conviction against the appellant on the charge levelled against him. 76. Therefore, the appeal is allowed end the order of conviction and sentence is set aside. Appellant is discharged from his bail bond. The silk yam forfeitured by the order of the Special Tribunal may be returned to the appe..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)
....se relating to an offence triable under this Act and report within such time as may be specified by it.” 4. The point raised for our consideration involves the interpretation regarding the scope of the expression", to make further investigation in any case "and" report with......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
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....he Returning Officer, but he determined the validity of the ballot papers; (iii) The delegation of the material issue to the Commissioner is entirely without jurisdiction, illegal and beyond the scope of the powers of a Pleader Commissioner. Mr. Khandkar M. Ahmed, the learned Advocate appe......rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594 ..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
....CWN 576, also held that an application to set aside an order of dismissal for default of an application under Order 9 rule 13 C. P. C. is not an original matter and does not come within the scope of section 141 C. P. C. and as such Order 9 rule 9, C. P. C., cannot be invoked...... 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
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
....ussed the evidence of the witnesses of the petitioner, the finding that the Tribunal recorded in its Judgment would have been the findings of facts on proper basis and as such this would have left no scope for our interference. The total disregards of the Tribunal to follow such an elementary and ba......e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521 ..Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1
Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
....d, particularly when reference is made to the various papers annexed to this petition which have been referred to above and whatever admissions have been made by the respondent No.5, there remains no scope for doubt that disturbance took place at the centre which led to the stopping of the poll. Tha......cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662 ..Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1
....e plaintiff received injuries by fall of the C.I. Sheet while he was inside the corridor in front of the southern wall of the Assembly Hall which was under dons traction, that there was absolutely no scope to hold that the accident did not take place in the manner stated in the plaint and that there...... 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
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Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....stitution may, on any proper occasion, refuse to entertain any objection regarding the constitution of the Court if a party to a proceeding before such Court acquiesced in its proceeding, there is no scope for any conceivable doubt as to the competence of a Tribunal like the present one to entertain......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....discretion in dealing and disposing of a Miscellaneous Case arising out of execution proceeding. In miscellaneous cases all orders and directions are made or given primarily by the court. There is no scope for argument of automatic dismissal by operation of law. And so an order of dismissal for defa......held in the presence of the accused if his presence is not dispensed with under section 540 Cr.P.C. In a criminal appeal the appellant is always within the season of the court either by being on bail or in custody. Therefore, the question of ex parte order does not arise in a criminal case. Onl..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....irs which are administered by the Government functionaries. It is all the more necessary that uncertainty in such cases should be speedily removed in respect of the rights of the citizens as also the scope of Governmental interference and a quietus should be given to such disputes without avoidable ......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 ..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
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