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Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....n No. 235/74, Apparently a view has been taken in 26 DLR 291 that without serving of notice upon the other petty and appoint a receiver. This view, however, has not found favour with another Division Bench In the aforesaid Criminal Revision Case No. 235/74. the Division Bench in Criminal Revision No......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....n No. 235/74, Apparently a view has been taken in 26 DLR 291 that without serving of notice upon the other petty and appoint a receiver. This view, however, has not found favour with another Division Bench in the aforesaid Criminal Revision Case No. 235/74. the Division Bench in Criminal Revision No......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....r Courts of the sub-continent. The Courts have under this section power to make a declaration without "anything more". Reliance in this connection to be placed in the decision of a Division Bench of this Court in the case of Al-haj Abdur Rahman Bhuiya & ors. Vs. The Commissioner of Nar......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
.... question of law, was raised in the case of Commissioner of Income Tax Chittagong Zone, Chittagong Vs. The Consolidated Tea and Lands Co. Ltd., in 1977 Bangladesh Tax Decisions page 212. The Division Bench of this Court to which one of us was a party answered the question of law in the following ter......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... the termination of service of a railway employee amounted to his dismissal from service since it was resorted to by way of punishment. In the case of Md. Ismail Hussain, (1975) 27 DLR 354 a Division Bench of this Court to which one of us was a party held that the reversion of a temporary Circle Off......dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... the termination of service of a railway employee amounted to his dismissal from service since it was resorted to by way of punishment. In the case of Md. Ismail Hussain, (1975) 27 DLR 354 a Division Bench of this Court to which one of us was a party held that the reversion of a temporary Circle Off......s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....esult: The prayer is refused. Cases Referred To- Annefield's case, 1971 All England Law Reports page 394; Lord Esher M. R. Leduk & Co. Vs. Ward and others (1888) 20 Queen's Bench Division at page 475 (479); Hain S. S. Co. Vs. Tate & Lyle; Manchester Trust Ltd. Vs. Furn......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
.... Order dated 1-2-1969 passed by the Dacca High Court in Writ Petition No.440 of 1967.)
Judgment
Debesh Chandra Bhattacharya J. - This appeal by special leave is against a judgment of a Bench of the High Court of East Pakistan modifying, under Article 98 of the late Constitution of Pak......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
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Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....a non-notified co-sharer tenant to apply under section 26F of the Bengal Tenancy Act accrues, only upon registration of the deed of transfer.” Mr. Hasib also relied upon a single Bench decision of the case of Abdur Rahman Vs. Baser Ali and others reported in 21 D.L R. (Dacca) 52......rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....a former application to that effect has been withdrawn without liberty to present a fresh one. In the case of Jamiyat Ali Vs. Mrs. Chemon Ara Begum and others, (1968) 20 D L.R. (Dacca) 480 a Division Bench has held:- Proceeding under section 96 of the State Acquisition Act being origi...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....nd Order dated 19-1-76 passed by the High Court Division in Civil Order No. 69 of 1976). Judgment Debesh Chandra Bhattacharya J. - This appeal by special leave is against an order of a Bench of the High Court Division, allowing an application under section 115 of the Code of Civil Pro......t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....he appeal on 4-5-77 as such the cross-objection being based on no foundation of law should be rejected out-right. In support of his contention the learned Deputy Advocate General relied upon the Full Bench decision of the case of Labhu Ram and ors. Vs. Ram Partap and others AIR 1944 Lahore-76 wherei......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
....L.R. 5.
Mr. Anwarul Huq Chowdhury, Deputy Advocate General has cited 21 D.L.R. 235 and 28 D.L.R. 172.
8. In the case of Abdur Rahman Vs. Govt. of East Pakistan (1967) 19 DLR 748, a Division Bench of the Dacca High Court considered the detention of a detenu under rule 32 of the Defense of P......beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
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Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....n the suit he attempts to violate the pre-emptive right and estops himself from asserting it. This was held in Bhawanl Prasad Vs. Damru and in a recent case of Ram Nath Vs. Badri Narain, decided by a Bench of three judges. It was contended before us that the female plaintiffs were not such strangers......rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....dgment and Decree dated 23.1.1974 passed by the High Court Division in S.A. No.35 of 1973.) Judgment Debesh Chandra Bhattacharya J. - This appeal by special leave is against a judgment of a Bench of the High Court Division, allowing a Second Appeal and restoring the judgment and decree of ......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
.... collaboration. In the case of Quazl Md. Mahbubur Rahaman Vs. Government of Bangladesh represented by the Secretary Establishment Division, Dacca & others reported in (1977) 29 DLR 118 a Division Bench of this Court to which one of us was a party has held that rule 7(2) specifically requires tha......de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
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Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
.... "Summon the accused under sections 295 and 297 of the Indian Penal Code for the'15th August, 1901." The accused approached the High Court in revision and the case was heard by a Bench consisting of Maclean, C. J. Prinsep, Ghose. Hill and Henderson, JJ. Maclean C.J., Prinsep, ......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
....pose. In the case of Bangladesh Fishermen's Co operative Society Ltd. Vs. The Chairman, Labor Court, Chittagong and Mr. Bashir Ahmed (1975) 27 D.L.R. 367 the same view was expressed by a Division Bench of this Court where it was observed the use of the word "deemed" in this case defini......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.
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Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....minal prosecution of the offender in the Court are not interdependent, they can proceed simultaneously and neither can remain under suspension for the sake of the other. In a recent case decided by a Bench of this Court reported as Mosam Khan and others Vs. The State (1969 SCMK 208) it was held that......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....n the face of it a speaking order 'and if it was stated upon the face of the order in the opinion of any party was not such as to Warrant the order then that party might go to the court of Queens Bench (1879) A. C., 30)”
In R.P. Nat Bell Liquors in 1922 A. C., p. 128 the Privy Council......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
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