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Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ......e why the notice dated 16-8-76 issued by the respondent No.1 (Annexure A) should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceedings are follows:- The Chittagong Paurashava by a notice in the newspaper published that..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 ......'s Order No. 12 of 1972 which runs as follows:- “4. Notwithstanding anything contained in any other law for time in force in computing the period of limitation prescribed for any legal proceeding by or under any law, the period between the 1st day of March, 1971 and the 1st day of Mar..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
....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.
......h provides the reason for the making of the detention order constitutes an offense under the Indian Penal Code would not prevent the detaining authority from passing the order of detention instead of proceeding against him in a Court of law. The detaining authority might well feel though there was n..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)
....nd in the letter of reference, the reference is accepted. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4. ......, Addl. Sessions Judge, Dacca, recommending for setting aside the order dated 27.10.70 passed by Mr. M.A. Hye, S.D.O. (North) Dacca, in Case No. law of 1966. 2. It appears from the record that a proceeding under section 145 of the Code was drawn up by the learned Sub-divisional Magist..Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ......s. Surendra Nath has got no relevance in this case. In that case the provisions of sec.283 of the Succession Act, 1925 were construed for determining the question as to who could be parties to a proceeding for probate. Clause (c) of sub-section (1) of section 283 clearly provides for ..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....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
......deny the allegation that there had been no application of mind. It is stated that all opportunities were given to the petitioner but the petitioner did not examine any witness. It was denied that the proceeding was taken mala fide at the instance of very interested person. It was reiterated that sin..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
.... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ......the Town Improvement Act, if the language of the section could be so construed. Do we get any such language in this section? We find none. We cannot apply the restrictive provisions of the Act to the proceeding or award of the said Court by treating it a tribunal under the Act. The expression "..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....ther named Amirullah. Being aggrieved thereby the appellant moved a petition before the High Court Division under Section 561A of the Code of Criminal Procedure (hereinafter called the Code) for quashing of the proceedings of the aforesaid G.R. Case on the ground that the Magistrate after disc......llah. Being aggrieved thereby the appellant moved a petition before the High Court Division under Section 561A of the Code of Criminal Procedure (hereinafter called the Code) for quashing of the proceedings of the aforesaid G.R. Case on the ground that the Magistrate after discharging the ac..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ...... A.M. on 21st June, 1975 with his explanation. In the notice a copy of the charge sheet was supplied to the petitioner which contained the allegations in respect of the self-same occurrence for which proceedings had been drawn up against the petitioner and the petitioner had been punished by an orde..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
....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.
......ment 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 rise to the proceeding are as follows: A conditional agreement was reached between the employers and employees v..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
...., 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. ......ite party has, on the other hand, contended that the Sea Customs Act contemplated a trial before a magistrate for the offence under section 167(8) and (81) of the Sea Customs Act and also a proceeding for seizure of the contraband by the Assistant Collector of Customs. For this proposition..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....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.
......der which on certiorari could be criticized as one which told its own story and which for error could accordingly be quashed.”
Thus it is clear that the speaking order is only related to a proceeding which is to be dealt by way of certiorari. We have not come across any decision that the ..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ...... In order, therefore, to determine whether an agreement is enforceable being a valid contract, the 'consideration' for which it has been made must also be shown to be lawful. Before proceeding to consider the lawfulness of the 'object' or 'consideration' of the agre..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....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. ......n: “Moreover, before, it can be said that any Magistrate has taken cognizance of an offence under sec. 190 Cr.P.C. he must have applied his mind to the offence for the purpose of proceeding in particular way. The expression taking cognizance of an offence means the Court decidin..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....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. ......sh;For the Petitioner. Civil Revision Nos. 262-263 of 1974. Judgment Ranadhir Sen J.- These two Rules are directed against an analogous judgment of reversal arising out of two separate proceedings initiated by two different pre-emptors under section 96(1) of the State Acquis..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....irza 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 Magistra......fiz 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 Magistrate, Sadar, So..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......he Supreme Court of Pakistan for consideration of two questions, namely (1) whether no fresh notice having been issued to the appellant under section 23(2) of the Income Tax Act, the entire proceedings ending in the revised assessment were vitiated and (2) whether provision to sub-section ..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....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. ......xercise the power under Order IX, rule 13. 8. From the discussions in the judgment it appears that no argument was advanced before the learned Judges regarding the nature and character of a proceeding under Order IX, rule 13 of the Code of Civil Procedure. A proceeding under Orde..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
....
In view of the above, the Rule is discharged. We do not make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
......from the. Provident Fund was irregular. We refrain from making any comment on the alleged irregularity or illegality in the withdrawal in question as the whole matter is yet to be thrashed out in the proceeding that is to follow the impugned order of suspension.
7. There can hardly be any doubt..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ......ctober, 1971, the Supreme Court dismissed the appeal that was taken from the award before that court. The High Court of Bangladesh on 3rd of July, 1972 dismissed the appeal taken from the execution proceeding by the appellant holding that the question whether the decree holder is a firm or a per..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
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