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

.... Vs. Babu Indu Bhusan 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. Ph......c performance of a contract or in a suit for preemption. It is, therefore, riot inherently incompetent for a Court to pass a decree in favor of a defendant. In the instant case it might not have been proper or regular for the Dacca High Court to make a decree in favor of Defendant No. 1 but it would..

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

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

.... Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muhammad PLD 1961 Lahore 792; Hariram Rewachand Vs. Pribhdas Mulchand and others AIR 1945 Sind 98; Sangram Singh, Vs. Election Tribunal Kotah an......ase briefly stated are that National Bank of Pakistan, as it then was, obtained a money decree against the judgment-debtor, Sunil Kumar Basu on 12-9-62. The decree was put into execution, and a house property at Hatkhola of the judgment-debtor was attached and put to auction sale on 1.8.70. Syed Mak..

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

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

....bsp;     ......r commissioners, Chairman and Vice-Chairman in Form 'O'. (4) The Presiding Officer shall send the Packets and documents mentioned in the rule to the Returning Officer without delay under proper escort. We called for the papers as mentioned in sub-paragraphs (a), (b), (d), (g), and ..

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

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

....sion (Civil Revisional Jurisdiction) Present: A. I. Chowdhury J K Hossain J Sree Sree Radha Krish­na Deities..........................Petitioner Vs. Bangladesh and others.......................................Opposite parties Judgment March 5, 1974. ......y 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 that the S/properties not being enemy property as contemplated by law, and all procee..

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

Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)

....esent: SAB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Ramjan Khan alias Ramjan Ali Khan………...Appellant Vs. Obaidul Huq Chowdhury and others…………..Respondents Judgment February 5, 1975. Result: ...... in Revision. 2. Landlord-Respondents obtained an ex parte rent decree in R.S. 63/59 in respect of the holding No. 64 Santinagar, Dacca, against one Nihar Bala Sen W/o. late Suresh Chandra Sen. The property was auction purchased in R. Ex. Case 65/59 by Appellant Ramjan Ali Khan who took delivery o..

Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271

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

....diction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent Judgment ...... against the Province of East Pakistan for a declaration that the requisition of C. S. Plot No. 992 of Mouza Dhanmondi on or about 19.4.57 under the provisions of East Bengal Emergency Requisition of property Act 1948 was illegal and ultra vires and that the demolition of the structure constructed b..

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)

...............Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; President Vs. Mr. Justice Shaukat Ali, PLD 1971 (SC) 585 relevant page a...... parties the learned Subordinate Judge framed the following issues for determination of the suit: 1. Has the plaintiff any cause of action for the suit? 2. Is the suit defective for want of proper and valid notice under Section 80 C. P. Code? 3. Is the suit barred by limitat..

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)

.... - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 523   ......d refer by the intending purchasers on the said date having not been considered substantial, the sale was postponed and as the auctioneer considered that the place of auction at French Road was not a proper place for the sale of timber, the stock of timber was, therefore, taken to the premises of th..

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

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

....ase is also Reported in: ......he members in terms of rule 34 if mandatory and, if so, whether the said rule is inconsistent with or repugnant to the provisions of sub-section (6) of section 9 of the Labour Disputes Act, 1965. For proper appreciation of this point, rule 34(1) and sub-section (6) of section 9 are quoted below &mda..

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

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

.... Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1.   ......stitution of Pakistan are as follows:- “13. Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to acquire, hold and dispose of property; “15. All citizens are equal before law and are entitled to equal protection of ..

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

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

....made absolute. Government Service- Dismissal of on the ground of Corruption practice The petitioner was charged under the allegations of misconduct, gross interference with the office work and corrupt practices under the East Pakistan Government Servants (Efficiency and Discipline) Rules,......tatement of the Head Clerk who on his own showing was to be blamed partially which resulted in the compulsory retirement order of the said Head Clerk. This aspect of the case brings out the fact that proper application of mind was not made in the facts and circumstances of the case by the punishing ..

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

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

.... This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......r that sections 149 and 151 Civil Procedure Code read with section 28 of the Court Fees Act granted adequate power to this court to grant extension of time in pulling in proper court fee even though the period for depositing such court fee has expired provided that the ..

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)

.... In the matter of an application under Article 98 of the late Constitution of the Islamic Republic of Pakistan, 1962 read with Article 5 of the Proclamation of Martial Law dated 25th of March, 1969 and Article 62; of the Provisional Constitutional Order dated the 4th of April. 1969. Judgment ......urged a number of points, which the learned Advocate appearing for the employee has tried to repeal. These points may now be taken up. 4. It has first been contended that the Labor Court was not properly constituted in as much as one of the members namely, the representative of the Employee nev..

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

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

....nst an order dated 2-3-76 passed by Mr. M. H. Rashid, Subordinate, 1st Court, Dacca in Money Suit No. 7 of 1968 rejecting the contention of the defendant petitioner that the suit was not maintainable and that the Small Industries Corporation has no lawful authority to institute the suit and to proce......he Defense of Pakistan Rules, 1965 by Notification No. Sec-28/65- EPS/125 dated 6-10-1965. Thereafter the Vice-Chairman of the East Pakistan Enemy Property Management Board vested the plaintiff's property in the Additional Custodian of Enemy Property by Notification dated 13-7-68 under rule 182(..

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

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

....visional Jurisdiction) Present: A. M. Sayem CJ D. C. Bhattacharya J Mrs. June Ferguson & others.............................Petitioners Vs. Ameenur Rasheed Chaudhury and others..........Opposite Parties Judgment July 5, 1972. Result: The rule is ......pposite parties No.1-3 in this Rule have brought a suit being Title suit No.151 of 1970 in the 2nd Court of Subordinate Judge, Sylhet  for a declaration that they are seized and possessed of the property in suit which is known as Loobacharra Tea Es­tate and also for a declaration that the d..

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

Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)

....ion 53, Order VI, rule 17 The High Court was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissolution of marriage on the ground of cruelty and non-maintenance and in the absence of any prayer for khula divorce in the plaint, allowing such ...... Seat, in a second appeal. 2. This appeal arose out of a suit for dis­solution of marriage on the ground of habitual cruelty, non-maintenance for more than two years and misappropriation of her property in the form of ornaments, etc. This, suit was decreed by the trial Court, but on appeal the..

Category: Family Law | Date: 11 Nov, 1970 | Hits: 195

Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)

.... in:  24 DLR (HCD) (1972)103 ...... there. I managed the dead body to be guarded by the Chowkidar. Isharak Ali of Jahanpur has informed that his mother recognised the murderers. I, therefore, pray that you will be pleased to take proper steps in time.             &..

Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50

Shah Tazul Islam Rumel (Md.) Vs. Bangladesh, Represented By the Secretary Ministry of Home Affairs, 2015, 44 CLC (HCD)

....oque J Shah Tazul Islam Rumel (Md.)………………….Petitioner Vs. Bangladesh, Represented By the Secretary Ministry of Home Affairs, Dhaka and Others……………………………&h......ignboard and, thereby stop creating obstruction to the regular movement of the villagers and residents of that area and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule on 26-11-2012 this Court directed respondent No. 3, t..

Category: Property Law | Date: | Hits: 0

Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)

....13) 58.   ......sp;   the    parties as much as the defendant No.3, father of the minor-daughters was not appointed guardian by any Court and as such, he had no power to sell the minor's property. 6. The unsuccessful plaintiff then took an appeal therefrom being Title Appeal No.247..

Category: Evidence Law | Date: | Hits: 6

Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)

.... Sheikh Abdul Awal J Musammat Nahida Sultana…………………………………Appellant Vs. Md. BazlurRahman Khan and others ………....Respondents Judgment November 14, 2012. Resul......cedure. 11. Mr. Abdus Samad Azad, the learned Advocate appearing for the respondent No.1, on the other hand, supports the impugned judgment and order which was according to him just, correct and proper. Mr. Azad in the course of his argument upon placing supplementary affidavit dated 8.11.2012 ..

Category: Civil Law, Procedural Law | Date: | Hits: 2