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....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
......ons as it deems proper.
(7) If the Government servant concerned does not appear before the Board on the date fixed under sub-rule (4) or on any subsequent date fixed by the Board and there is no prayer for adjournment of the examination of the case, or if there is any such prayer and such praye..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....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. ......er section 302/307 of the Bangladesh Penal Code was started. One Rahmat Ali was arrested in connection with that case and produced on 14-10-1971 in the Court of the Sub-Divisional Magistrate. The prayer for bail of Rahmat Ali having been refused he was taken into custody. Other accused includin..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
.... Sylhet in Title Appeal No.411 of 1969 arising out of suit for declaration of the, plaintiffs right of permanent residence and that he is not liable to be evicted from the disputed premises or in the alternative for permanent injunction restraining the Defdt. Nos.1 and 2 from any way interfering wit...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
....de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......9th March, 1977 to efficiently run the Union Parishad as Chairman. In the meantime respondent No. 2 filed an election petition before the Election Tribunal challenging validity of the election with a prayer for declaration that the election of the petitioner is void and respondent No. 2 be declared ..Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
.... 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. ......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..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
....bmitted on the basis of a decision in the case of The Sind Tanneries Ltd. Vs. Hajee Mohammedin & Co. reported in 8 DLR 719, that an application under section 151 of the Code does not lie where an alternative procedure for appeal has been provided by the Code. The same view has been taken in the ...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
....rayed 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 relationship with the worker it was forced to sign 2 provision......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..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....r the premises and refused to accept the rent for the month of October, 1973 which was offered by the appellant first on October 1, 1973 and then on October 6, 1973. Furthermore, having no other alternative the appellant remitted the rent by postal money order which was refused and returned to ......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. ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....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.
......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..
Category: Property Law | Date: 10 Jun, 1977 | Hits: 2
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....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. ......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..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
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. ......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..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
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. ......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..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)
....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. ...... 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..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
....e reopened or interfered with the order of assessment made in the past years. The learned judges of the High Court did not commit any error in taking such a view.
33. On the question of the alternative remedy, learned Council for the appellant has sought to contend that no appeal has been ......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..
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)
....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. ......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, ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....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. ......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 ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....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. ......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..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
....endant had the occasion to check the price of goods at least Mill made goods and when the defendant did not come with any objection as to the price of goods the learned Subordinate Judge had no other alternative but to accept the price stated by the plaintiff. It should be noted that no cross-object......ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)
....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. ......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..Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
....3 of the Code for default comes within the language of Order 43 Rule 1(d) of the Code and is appealable. It was further held that section 151 of the Code does not provide any alternative remedy. It is based on the principle that no one should suffer for absence of a rule of ......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..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
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