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Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)
....is case a decision of a Labour Court was challenged on the ground that one of the two members of that Court, though present did not give his advice but the tendering of advice by both the members was mandatory. The Supreme Court rejected the contention observing that the Chairman of the Labour Court......s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124. ..Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......application under Order 7, rule 11 of the Code of Civil Procedure for rejection of the plaint on the allegation that the declaratory prayer as made in the plaint are not contemplated by the provisions of section 42 of the Specific Relief' Act as the plaintiff has not prayed f..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......r of review dated 5-9-72 which was passed by the Joint Registrar could be reviewed or revised by the Regular. 5. As it appears from the facts disclosed above, Respdt. No. 2 after availing of the provisions of appeal and review under the Act challenged the award by an independent suit followed b..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....assailed the impugned order mainly on the ground that the petitioner, being a person in the service of the Republic, is protected under Article 135 of the Constitution of Bangladesh but the mandatory provision of this Article was not complied with in his case in that he was not given any o......dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....assailed the impugned order mainly on the ground that the petitioner, being a person in the service of the Republic, is protected under Article 135 of the Constitution of Bangladesh but the mandatory provision of this Article was not complied with in his case in that he was not given any o......s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
..... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ...... a carries may come to an end within a reasonable time after the consignments have reached the destination, but its responsibility as a warehouse man continues until terminated in accordance with the provisions of sections 55 and 56 of the Act. This view of ours gets support from..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ......ed from the subsequent suit as barred by the principles of res judicata”. In the other case of the same AIR Bombay (1945) it has been held: “Just as a plaintiff cannot evade the provisions of section 11 by combining several causes of action against the same defendant ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... purchases money was paid by the purchaser on the date of sale but the balance, which was to be paid positively within the thirtieth day from the sale, was paid after two months. This contravened the mandatory provision of section 23 of the Sales Act, the learned Subordinate Judge further ......This contravened the mandatory provision of section 23 of the Sales Act, the learned Subordinate Judge further observed Mr. B.B, Roy Chowdhury has contended that these contraventions of the provisions of sections 20 & 23 of Sales Act are mere irregularities, and eve..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... purchases money was paid by the purchaser on the date of sale but the balance, which was to be paid positively within the thirtieth day from the sale, was paid after two months. This contravened the mandatory provision of section 23 of the Sales Act, the learned Subordinate Judge further ......This contravened the mandatory provision of section 23 of the Sales Act, the learned Subordinate Judge further observed Mr. B.B, Roy Chowdhury has contended that these contraventions of the provisions of sections 20 & 23 of Sales Act are mere irregularities, and eve..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......Ahmed, the learned Advocate appearing for the opposite parties contends that the District Delegate has initial jurisdiction to entertain a petition for revocation of the probate. 3. The material provisions are contained in sections 263, 264 and 265 of the Succession Act..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......e Court in its record is required in the former and not in the latter. Where the Court had before it the order for bail, the bail bond and the fact that he petitioner did not produce the accused, the provisions of Section 514(1) were substantially complied with and the High Court would not be j..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
....e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......erested in the properties which vested in the Custodian, Deputy Custodian or Assistant Custodian of Enemy Properly, as appointed by the Government of Pakistan or that of East Pakistan, in view of the provisions of Bangladesh (Vesting of Property and Assets) Order (President's Order No.29 of..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ......43 rule 1(d) C.P.C. or the revision is the appropriate remedy in the circumstances of the case. 8. Mr. Rouf, the learned Advocate appearing on behalf of the petitioners relies upon the provisions of section 4 read with section 114 of the Code of Civil Procedure in ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ......from the landlord…………….(17) Claims of set-off—Conditions-Not bared by limitations- Order 8, Rule 6 of the Code of Civil Procedure, 1908 The relevant provisions dealing with set-off are- (a) the suit must be for recovery of money (b) the claim demand..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
.... 1975. This judgment will dispose of them all. 2. Defendants are the appellants and the suit was for declaration of the plaintiff's title to the suit property, recovery of possession and for mandatory injunction. The case of the plaintiff, as set out in the plaint, is that the suit land, pl......ape recorded statement of telephonic conversation of the plaintiff was not put to him when he was on the witness box and as such this statement cannot be used to contradict him in accordance with the provisions of section 145, Evidence Act. Leaving it aside altogether we have before us the oral..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
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 petitioner was released. According to his instructions his lawyers issued notice of demand for justice on the respondents, Chairman, Chittagong Pourashava questioning the authority as to under what provisions of law the petitioner was arrested and how the security money was realized from him while..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
....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.
......f essential supply and services. In this view of the matter the Division Bench observed in that context:
“Apart from the question as to how far smuggling activities could be covered by the provisions of rule 32, it seems that the detaining authority has not properly applied its mind to th..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ...... not rent is actually paid, and, if not paid, whether or not the occupant is entitled to hold the land without payment of rent, and if so entitled, under what authority........ 10. From the said provisions it is clear that the authority in charge of survey had to record all the particulars and ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
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 ......able from the facts reported in the case cited by the learned Advocate for the Appellant. 7. The reported case of M.A. Jalil Vs. 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 a..Category: Property Law | Date: 29 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. ......trator' in this case actually acted as the L.A. Court constituted under the Land Acquisition Act which provides for payment of interests, and that though the land was acquired under the T.I. Act, provisions of determining compensation of this land will be that which is laid down in the Land Acqu..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
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