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Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus¬tody) Vs. The State, represen¬ted by Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Eden Bu¬ildings, Dacca, 1975, 4 CLC (HCD)

....i be set at liberty at once. In the result, the rule is made absolute. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 517   ....... The previous charge-sheet was treated as withdrawn as per opinion of the learned Public Prosecutor. The case dragged on for about a year and on 23-5-73 the following order was made: "Seen prayer of Court' Inspector Ctg. and decision of the D.S C. dt. 19-5-73, perused records. S P. Ct..

Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2

Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)

....e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563         ......the High Court which was dismissed on 6-3-63. The opposite-party was allowed to resume his duty on 29-4-63 without payment of his arrear salary for the period of his absence. The opposite-party's prayer for arrear salary being refused he filed an application under section 15(2) of the ..

Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1

Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614       ...... for release of M/S. M. Moin & Co. 150, Nawabpur, Road, Dacca. Ref: His Prayer dated 11. 10. 1972. The undersigned is directed to say that Government regrets their inability to accede to his prayer for release of M/s. M. Moin & Co., 150, Nawabpur Road, Dacca. Sd/- Md. Sirajul Islam..

Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7

Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)

.... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490.       ......ub-section (3) of the Companies Act, 1913 filed by Mr. Ahmedur Rahman, Managing Director of Manipur Tea Co. Ltd. for condoning the delay in holding the Annual General Meeting for the year 1972 with a prayer for directing the petitioner to hold the said Annual General Meeting within six weeks from th..

Category: Corporate Law | Date: 20 May, 1975 | Hits: 2

Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908

....ger on the premises that they were using were under a duty to the plaintiff to guard against it, that their duty was not discharged by giving the plaintiff a warning and that the plaintiff who had no alternative but to walk through the slippery floor of the shed and sustained injuries was entitled t...... 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         ..

Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5

Eastern Hosiery Mills Sramik Bahumukhi Samabaya Samity Ltd Vs. Govt. of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....e interpretation of the Constitution. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 674         ......n both the petitions are discharged. We, however, make no order as to costs. The learned Advocate for the petitioners prays for a certificate under Article 102 of the Constitution. The prayer is refused, since the interpretation of the expressions "aggrieved persons" does no..

Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3

Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)

....on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583   ......tioner denying the material allegations of the opposite party and praying for dismissal of the suits on the ground, inter alia, that the said awards were not enforceable in Bangladesh. 4. On the prayer of both parties the learned Subordinate Judge took up the question of the maintainability of ..

Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3

Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC

....g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534   ......t. As for instances in a suit for money, a defendant may be allowed to put in a claim according to law on payment of Court fees, by a way of set off or in a suit for partition, a defendant may make a prayer for a Saham in the suit and a decree may be made in favor of a defendant on the basis of such..

Category: Property Law | Date: 17 Apr, 1975 | Hits: 2

Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)

.... applied to cover all diverse proceedings contemplated in article 3 of the Presidential Order. 21. Mr. Roy Chowdhury has submitted that the order dated 15.5.71 also comes within the ambit of the alternative clause of article 3, that is, an order disposing of the Miscellaneous case for default i......the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275     ..

Category: Property Law | Date: 11 Apr, 1975 | Hits: 4

Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)

....bsp;has raised a preliminary point as to the question that the matter having involved a disputed question of fact the petition is not maintainable. He has also contended that the petitioner having an alternative remedy by way of a petition before the Election Tribunal, the Constitutional remedy is n......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476       ..

Category: Election Law | Date: 4 Apr, 1975 | Hits: 2

Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)

....e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......ision Case No.704 of 1973. Judgment K. Hossain J.-This Rule was obtained by the plaintiffs, who instituted a suit in the 2nd Court of Subordinate Judge, Sylhet where they made the following prayer. “A) A declaration that the plaintiff being the owner of the suit properties and t..

Category: Property Law | Date: 5 Mar, 1975 | Hits: 2

Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)

....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     ......onstructed by him on the aforesaid Plot was also unlawful and for recovery of money for a claim for compensation amounting to Rs. 27373/5 annas 6 Paisa from the defendant Government. There was also a prayer for a permanent injunction restraining the defendants from taking any step in pursuance of th..

Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2

Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)

....ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411.   ......ey belonging to the plaintiff Company for the liquidation of the certificate debt for which the plaintiff, company was not liable. The plaintiff company applied for refund of the said amount, but the prayer was refused which has caused a loss to the plaintiff company to the extent of Tk. 10 197/5/- ..

Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3

Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co¬operative Bank Ltd, 1975, 4 CLC (HCD)

....de by him in the payment of his debt, does not naturally flow from the words used in section 176 of the Contract Act. 26. It may also be noticed that a pawnee's right of sale is an alternative to his right to sue for the recovery of the debt in a competent court, which, by virtue ...... the satisfaction of the decree passed in Money Suit No. 3 of 1960. A.S. Faizul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 523   ..

Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3

Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)

....e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ......Article 7 of the President's order No.50 of 1972. In these circumstances, it was contended that the High Court Division rejected the petition filed before it under a misconception. 8. Leave, prayer for, was granted to consider the said contention. Having regard to the peculiar facts and ci..

Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7

Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)

....ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237.   ......over two years. It would be highly unfair to him if he is allowed to be retried in order to enable the prosecution to fill the gaps in the prosecution case. We are not therefore prepared to grant the prayer made on behalf of the Crown at this stage” 9. In this view of the matter we do not..

Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2

Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)

....tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accor­dingly without any order as to costs. Ed. This Case is also Reported in: ......o be made in a proceeding drawn for that purpose giving a copy thereof to the worker and asking him to explain in not less than three days' time. He is also to be given a personal hearing if such prayer is made. Thereafter on the result of the inquiry of he is found guilty of the charge against ..

Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134

Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)

....nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160   ......ra Meah Shah stating that opposite party No.1 Zahir Ahmed Shah is not real petitioner and that he was set up by an interested person, namely Muzammel Haque Shah to grab the property illegally. On the prayer of purchaser-petitioner Haji Gura Mia Shah, the trial court by its order dated 28.11.83 direc..

Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1

Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)

....ng on behalf of the petitioners contends that the learned Munsif failed to exercise jurisdiction in not granting extension of time under section 148 of the Code of Civil Procedure or in the alternative, in exercise of his inherent powers under section 151of the Code for doing justice ......handra Panja reported in AIR 1962 Cal. 485, the facts of which are similar to those in the present case. The suit was decreed in the said case for Specific Performance on the basis of the alternative prayer and the relevant terms of the decree are as follows :- “Ordered that the suit be d..

Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1

National Bank of Pakistan, represented by the Supdt. of Admn. Local Principal Office, Motijheel, Dacca Vs. Third Lobour Court, Khulna, 1973, 2 CLC (HCD)

....ll and void. 19. Mr. Huq, the learned Advocate appearing for the Employee, has also raised a subsidiary point, namely, that this writ is not maintainable in view of the fact that the Bank had an alternative remedy of appeal under the Industrial Relations Ordinance, 1969 and that not having been......esire, to re agitate the matter before the Labor Court. We make no order as to costs. M.N. Huda J.- I agree.  This Case is also Reported in: 27 DLR (HCD) (1975) 158.   ..

Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1