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Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)

....a union, both the members may be nominated from amongst the primary school teachers and; (b) one member to be nominated by the Sub-Divisional Magistrate from amongst the educated and respectable persons of the union. (2) The Sub-Divisional Magistrate shall nominate one of the members menti......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611   ......er as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611   ......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611   ..

Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2

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

....in force in Pakistan, made after the 28th day of July, 1924; (a) In pursuance of an agreement for arbitration to which the Protocol set forth in the First Schedule, applies, and (b) between persons of whom one is subject to the jurisdiction of some one of such Powers as the Central Governm......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   ......ourt Division (Civil Revisional Jurisdiction) Present: D.C. Bhattacharya J S. M. Mohsen Ali J Messrs. Haji Azam………….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment April 23, 1975. ......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   ..

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   ......he Court it was directed that this Rule should be heard along with the appeal. The petitioners claim to be tenants under the Government in respect of Char Ananda Part III and as such they claim to be interested in the subject matter of the suit. The statement on the basis of which the petitioners la......n Gupta & others ................Respondents Judgment April 17, 1975 Result: The appeal is dismissed. Cases referred to- Satyadhran Ghosal and others Vs. Smt. Deorajin Debi and another, A.I.R. 1960 (S.C.) 941; Sundar Ahir and others Vs. Phuljharia and another, A.I.......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   ..

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

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

.... The hypothesis suggested by Mr. Huq and Mr. Hossain breaks down. 19. Mr. Roy Chowdhury has rightly submitted by pointing to the preamble of the enactment that the word has a direct reference to persons who were not able to institute legal proceedings. This is a clear indication that the word &......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     ...... Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275     ......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)

....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       ...... in a very careless manner, it is difficult for us to reject the possibility suggested on behalf of the respondents that 2 or 3 of the counter-foil books might have been displaced: or removed by some interested parties. The petitioner also does not appear to have taken objection, to the proems of co......hman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476       ......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

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

....lie against the Provincial Government in respect of anything which is in good faith done or intended to be done under this Act. (2) No suit, prosecution or legal proceeding shall lie against any persons in respect of anything which is in good faith done or intended to be done under this Act.&qu......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     ....... A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541     ......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     ..

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)

....no accounting was taken at the time of partition. This conclusively shows that the partition was not anything but a paper transaction brought out for certain purpose within the knowledge of the three persons who had effected the partition. It is interesting to see that the other two partners, namely......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.   ......th Vs. Hancock, (1) 1894/2 Ch page 377 Lawyers Involved: Sultan Ahmed Deputy Attorney General—For the appellant Substitutes. No one—For the Respondent. Appeal from Original Decree No. 12 of 1965. Judgment K.M. Subhan J.—This appeal is by the erstwhile......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.   ..

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

Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)

.... 25-4-70 under section 302/34 B.P.C and sentenced to transportation for life, for murdering one Hasan Ali Chowkidar. 2. The prosecution case is that Hasan Ali Chowkidar and the accused persons were the inhabitants of village North Algi within chandpur Police Station of Comilla Distric......sions Judge ought to have acquitted the accused since the prosecution failed to prove, the charge against them beyond all' reasonable doubt. His other contentions are "that all the P.Ws. are interested persons whereas the competent and disinterested "person who could have given evidenc......wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ..

Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2

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

.... 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   ......n of transference of the title of the pawnor or any part thereof to the pawne before the actual sale. The pawnor remains the full owner till the actual sale has taken place and is, therefore, vitally interested in the result of the sale which may greatly affect his interests. It is in the fitness of......it No. 3 of 1960. A.S. Faizul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 523   ...... 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

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

....l No.153/69, let the case be transferred and registered as special case. Cognizance u/s 4(1) of the Criminal Law Amendments Act has already been taken. To 12-1-70 for appearance of the aced persons.” Seven such orders have been passed by the learned Senior Special Judge and eigh......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.   ......ischarged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237.   ......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.   ..

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

Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)

....ned Sessions Judge observed as follows: “5-9-73. Heard. On 1-4-73 this petitioner lodged a F.I.R. at Sylhet disclosing a Case u/s 392 read with P.O. No.50/72 and handing over two persons caught red hundred with firearms in their possession. Subsequently it appears that this......cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......tioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ..

Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2

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   ......ng written objection on 12.2.79. On 10.2.83 a petition was filed by purchaser Haji Gura 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 purch......olved: Fazlul Karim—For the petitioner. An application under section 115 (1) of the Civil Procedure. Judgment Mohammed Habibur Rahman J.—This is an application for issuing rule upon pre-emptor opposite party No.1 Zahir. Ahmed. Shah to show cause as to why the impugned......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   ..

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

Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)

.... effect, although such laws will be available for determination of the rights, arising and obligations incurred prior to the enforcement of the Constitution and for determination of the rights of the persons having no fundamental rights. As regards Article 13(2), it has been pointed out that it......to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1.   ......R (SC) 318; Abul A'ala Moududi Vs. Govt. of W. Pak., 17 DLR (SC) 209; Chowdhury Tanvir Ahmed Siddiky Vs. Prov of E. Pak 20 DLR (SC) 144; Haseam Vs. Tribunal, PLD 1959 Kar. 286; She ppard Vs. Wheeling (30 W. Virginia 479) and Court of Iowa in State of Iowa. O. Neil (147 Iowa 593); Norton Vs. Shel......to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1.   ..

Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8

Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)

....re allotted to its officers, whose conditions of service and payment of whose salaries are determined by the Management and whose continuance of service depends on the pleasure of the management, art persons engaged in an - operation which is incidental to the main industry and would fall within the...... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244   ......er as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244   ...... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244   ..

Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2

Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)

.... the case against the petitioner was that he handed over all the allotment letters and copies meant for the Inspector of Food and the Marketing Officer and the Millers and delivered to the fictitious persons. After he delivered all the letters and copies thereof there would not be any more copies &q......de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393         ......e Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393         ......de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393         ..

Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1

Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)

....ge referred to sections 40 and 54 of the Transfer of Property Act Section 40 provides: Where, for the mere beneficial enjoyment of his own immoveable properly third persons has, independently, of any interest in the immoveable property, of another or of any easemen...... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159     ......anuary 8, 1973 Result: The appeal is dismissed. Cases Referred to- Ratish Chandra Mridha Vs. Hara Krishana Goldar and others (1963) 13 DLR 634; Sakalaguma Nayudu and another Vs. Chinua Manuswami Nayakar, A.I.R. 1928 (P.C) page 174; Bishweswar Narsabhatta Gaddnda Vs. Durgappa Irap...... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159     ..

Category: Property Law | Date: 8 Jan, 1973 | Hits: 2

Dinajpur Industries Ltd Vs. M/s. Hardeo Glass, Alu¬minium, Enamel & Sili¬cate Works, 1972, 1 CLC (HCD)

.... was in existence when the properties of the firm were vested in the Additional Custodian of Enemy Property. Under the Enemy Property (Custodian & Registration) Order, 1965, the Custodian or such persons as may be authorized by him, in this case the EPSIC, could under law continue the suit filed......s. The suit is pending for a long time. It may be disposed of as expeditiously as possible. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 158. ...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 158. ......s. The suit is pending for a long time. It may be disposed of as expeditiously as possible. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 158. ..

Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2

Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)

....f property which is exempt from registra­tion. It creates no real right, it merely creates right of restoppel between the proposed transferee and; transferor which have no operation against third persons not claiming under those persons." 20. In the present case, the provision of secti......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem,   CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1   ......ed. Case Referred to- Kant Ram Sil and another Vs. Sumitra Devi and others, 16 DLR Dacca 272; Serbeshwar Das Mohantu Vs. Baishnab Das Mohanta and others, C.A. No. 24. D of 1969;Kazi Shumsuddin Ahmed Vs. Mst Nurtn Nehar, 21 DLR (Dac) 41; Banduru Battuya and others  Vs. Guddutn Chandray......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem,   CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1   ..

Category: Property Law | Date: 5 Jul, 1972 | Hits: 0

Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)

....ted witnesses and carne to a finding that the property is vested property. Such finding cannot be accepted in law without record of VP Case. Just on the basis of some oral evidence on some interested persons this property cannot be treated as enemy property after 1974 when the law itself ceased to e......thout any basis or material whatsoever. The lower Appellate Court has considered oral evidence of PWs and DWs. After considering the evidence of DWs, the lower Appellate Court solely relied upon some interested witnesses and carne to a finding that the property is vested property. Such finding canno......arties Judgment May 3, 1992. Result: This Rule is made absolute. Cases Referred to- Nittya Gopal Roy Barman Vs. Pran Gopal Nandi and others, 32 DLR 11; Fakir Chand Mia being dead his heirs and legal representatives Asadunnessa and others Vs. Quamaruzzaman and others, 26......eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136.   ..

Category: Property Law | Date: 3 May, 1972 | Hits: 4

Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)

...., a person of unsound mind or a person adjudged insolvent by a competent Court of law, the Administrator may for such period as he deems fit appoint a person to act as mutwalli with notice to all the persons interested in the Waqf. Any person aggrieved by such an appointment may within three months ......on of unsound mind or a person adjudged insolvent by a competent Court of law, the Administrator may for such period as he deems fit appoint a person to act as mutwalli with notice to all the persons interested in the Waqf. Any person aggrieved by such an appointment may within three months from the......Habibur Rahman, Advocate ‑ For the Opposite Party No.1. Civil Rule No.627 of 1969. Judgment Abdullah Jabir J.- This petition under section 115 of the Code of Civil Procedure is directed against an order dated 20.3.69 passed in Misc. Case No.262/66 by Mr. M Islam, Dist. Judge, Chittagong r......le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ..

Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167