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Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....-section (3), then they could have used wording "at any stage of the proceeding under this section" as contained In sub-section (9) of section 143 Cr.P.C. 31. Since there are alternative effective provisions to deal with the emergency, inasmuch as in case of any emergency wh......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
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)
....he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ......g Officer of Rampur Police Station. The Presiding Officer of that station (P.W. 2) has also admitted that just after the counting was over respondent No. 2 prayed for recounting but he disallowed the prayer In apprehension of disturbances from the crowd which was waiting outside of the polling booth..Category: Election Law | Date: 17 Feb, 1978 | Hits: 7
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....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 ......s occasioned because of an application under Order 7, rule 11 of the Code of Civil Procedure filed by the defendants for the rejection of the plaint filed by the plaintiff-appellant wherein prayers were made for three declarations. 2. The short facts necessary for the disposal of this..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
....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. ......er to question (ii) is concerned Mr. Bhuiyan, the learned Advocate prays for a certificate under section 66-A (2) of the Act as being a fit case for an appeal to the Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
.... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ......fendants in the suit. Having regard to these facts and circumstances, I find no reason to reconsider my earlier decision in the matter. The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....5-1500/- plus Tk. 100/- as technical pay with effect from 30.11.72, and subsequently-increments had also been granted to him. The petitioner has not been reduced, in rank. As he has not exhausted the alternative remedy available to him by way of appeal, which is adequate and equally efficacious, his...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....onstitution cannot be invoked by the petitioner. Mr. Shafiuddin has lastly contended that the petitioner's application under Article 102 of the Constitution is not maintainable since an alternative remedy by way of review before the President of Bangladesh was available to the petition......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)
....onstitution cannot be invoked by the petitioner. Mr. Shafiuddin has lastly contended that the petitioner's application under Article 102 of the Constitution is not maintainable since an alternative remedy by way of review before the President of Bangladesh was available to the petition......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
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ......the petitioner filed a petition for interim custody of the minor daughter since the mother was not allowing her to attend school where she was a student of class III. The opposite party contested the prayer for interim custody of the daughter and filed an application for the interim custody of the s..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ....... 6. Similar is the nature of the question raised and decided in AIR 1935-Cal-792. It was held there: “A party who has lost in one court cannot be permitted to add causes of action or prayer for reliefs in another, suit for the purpose of swelling the valuation of his suit and claim ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....Films reported in PLD 1958 Lahore 208, it was held that: “Persons who want to attack the existence or validity of the very agreement which contains an arbitration clause are deprived of an alternative defense that even if there is an agreement the suit should be stayed for a reference to ......r Siddique..........................................Plaintiff Vs. M.V. Aghia Thalassini and others.....................Defendants Judgment December 20, 1977. Result: The prayer is refused. Cases Referred To- Annefield's case, 1971 All England Law Reports p..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
.... for future of the bond. The 2nd stage relates to realization of the forfeited amount of the bond. After the Court has come to the conclusion that the bond has been forfeited, it has to give two alternatives to the executants of the bond. It has to give him notice either to pay the penalty or t......lim. 3.The case was fixed for trial on 20. 5. 75. On 14. 5. 75 a petition was filed on behalf of the accused for shifting the date of hearing on the ground of his serious illness. On 15.5.74 the prayer for shifting the date of trial was allowed and 8.7.74 was fixed as the date of trial. On 8.7...Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)
....e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......e petitioner moved the Additional District Magistrate, Sylhet for rescinding the order dated 3-7-77 passed by the learned Sub-Divisional Magistrate but the Additional District Magistrate rejected the prayer. Hence the petitioner filed a revisional application in this Court and obtained this Rule. ..Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... 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 ......of the long vacation. It was also stated in the petition that since the petitioner was suffering from illness even from earlier date, he might not have recovered from his illness on that date; so the prayer for adjournment was made. The Court below rejected the application for adjournment and on 25...Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
.... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ......ppeals have arisen out of the order dated 20.4.77 passed by Mr. Anisul Haque Choudhury, Additional District Judge, Special Court No. 2, Dacca in Title Suit No. 4 of 1977 rejecting the plaintiff's prayer for temporary injunction and the plaint. They have been heard together and this judgment will..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....he would not be able to render him any assistance if the suit property including the petrol pump agency were not sold to him out-right. Whereas, defendant No.1, it appears, was hesitating between two alternative proposals, one for out-right sale and the other for partnership between him and the plai......in the negative. This is a suit for declaration of title, among other things. Since title did not yet pass to the plaintiff this suit is not maintainable. The plaintiff could have made an alternative prayer for specific performance of the contract for sale. In a suit for title reported in A.I.R. 195..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....osit accounting to Tk. 85,620/- to the petitioner within 30 days from the date of this order. 17. Now left us consider the only argument that was advanced that under rule 47 wherein there was an alternative remedy to the petitioner by way of filing objection. Reading the rule 47 as a where it a...... not be directed to refund the said amount totaling Tk. 85,620/- with demand of compensation or for such other or further order or orders passed as to this court may seem fit and proper. 9. This prayer directly emerges from the facts and therefore tenable. Facts are (a) the petitioner participa..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
.... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193 ......ed 12.9.70, the pre-emptor preferred Misc. appeal No.57/72 on 2.8.72 along with a petition under section 5 of the Limitation Act before the learned District Judge who, however, rejected the prayer for condonation of delay and dismissed the appeal on the ground of limitation. These two..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4