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Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... Government Servants (Discipline and Appeal) Rules, 1976 which repealed the former during the pendency of the proceedings. Being aggrieved by the impugned order the petitioner sent a notice demanding justice from respondent No.1 but did not get any reply whereupon he moved this-Court and obtained th......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)
.... Government Servants (Discipline and Appeal) Rules, 1976 which repealed the former during the pendency of the proceedings. Being aggrieved by the impugned order the petitioner sent a notice demanding justice from respondent No. 1 but did not get any reply whereupon he moved this-Court and obtained t......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
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
.... in the court, under section 34 of the Act has to be judicially exercised in due regard to the facts and circumstances of such case. One governing consideration is how best the interests of justice will be promoted in a case without denying either party of its legal right. The question of ......ration Clause found in the charter party was applicable to the contract evidenced by the bill of lading and to disputes arising between the ship owner and the holders of the bill of lading under that document. In the said bill of lading there was an endorsement to the following effect: All othe..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
....t was and when and how it was made by the Police. As he was not given any opportunity to show cause to prove his innocence the impugned order terminating his service violated the principle of natural justice and was liable to be declared to be void.
3. The defendants contested the suit assertin......ion as to his antecedents and his service was terminated according to the terms of the contract; there was only one police verification and that was against the plaintiff; the police report, a secret document was in the custody of the Home (Political) Department and the plaintiff being appointed on ..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....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.
......a. Respondent No.1, served a notice upon the appellant on 11-11-76, stating therein that the appellant was in unauthorised occupation of the properties belonging to Indian nationals without any valid document and directing him to show cause why the said properties should not be declared as enemy pro..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....evisable, but the exercise of the High Court's revisional jurisdiction is called for in the cases where decisions are based on no evidence or inadmissible evidence or are so perverse that grave injustice or hardship would result, therefore, in the present case there has been misconstruction of t...... 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 ..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. ......yable— The Court may in its discretion, at any stage, allow the person by whom such fee is payable, to pay the whole or part, as the case may be of such Court fee and upon such payment the document shall have the same force and effect as if such fee had been paid in the first instance. Th..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
.... any provision as to service of notice upon the opposite party against whom the order is sought to be made but it is incumbent upon the High Court to act judicially and to observe the rule of natural justice and that any order made without giving the affected person an opportunity of being hear......and fixed 3.1.74 for ex-parte disposal of the suit. The suit was taken up for ex parte disposal on 3.1.74 and after examination of a witness on behalf of the appellant and admitting certain documentary evidence the suit was decreed ex parte. 3. Defendant No.1 filed an appeal being Oth..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ......tiff, an advocate of the High Court and a member of the Bangladesh Jatiya Leagaue, promised all necessary help and contacted different persons both at home and abroad in order to get necessary travel documents for defendant No.1. On 9.7.72 defendant No.1 went to Calcutta and started to live there as..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
.... other dues payable by M/s. Khan and brothers in this regard under proper section of law. Thereafter the 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 wh......y the first day of the month for which the installment is due. It is further provided for that no octroi will be given possession to the lessee unless he paid 1/10th of the bid money and a registered document is executed. Lastly rule 50 which is as under: “50. Contravention of the provisi..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
....opinion that it should be brought before the Court on affidavit, Although we noticed a practice of bringing of the file before the Court at the time of hearing which is commendable no doubt but since justice is to be done, it is better that the respondents in future will mention the materials in the......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.
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Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....inite rules of substantive law by which questions of this nature, relating to the right of pre-emption claimed under the terms of the Wajib-ul-arz, are governed. It is only on the broad principles of justice, equity and good conscience' that such question can be dealt with by the Courts. The rig......rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
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. ......s filed in the case although a provisional record of rights showing Nawab Ali, the predecessor of the plaintiff in occupation of the holding, has been proved in the case and marked Ext.2. Such a document has no presumptive value whatsoever. As a matter of fact, in the plaint there is no allegat..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
.... 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. ......n held. Mere vesting of the enemy property in the Custodian does not transfer on the title or the ultimate right of the real owner and a person in possession of the enemy property by virtue of a document of however limited of imperfect nature it may be cannot be said to be a trespasser and he c..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....a) of the President's Order No. 67 of 1972. Against the aforesaid order of removal the petitioner made a representation before the President of the People's Republic of Bangladesh praying for justice but no reply was given to him. 3. On these facts the petitioner submitted that he havin......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
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. ......ted up and since then the local people have been using the same as path from time immemorial and have accordingly acquired the right of easement over the suit land. The defendants after creating some document in respect of the suit land, have been threatening to destroy the path and to interfere, wi..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
....edure, 1908 (Act No. V of 1908), section 151; Order 9, rule 4 A client shall not suffer because of negligence and enigmatic conduct of its agent lawyer for the ends of justice...............(8) Cases Referred to- The Sind Tanneries Ltd. Vs. Hajee M...... 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
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......r clear receipt and without any protest, these defendants were not liable for any of the claims made against them. 5. The Trial Court framed seven issues and after taking evidence, both oral and documentary, decided the case in favour of the appellant and decreed the same for Rs. 77, 659/-..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....ch may extend to one month, or with fine which may extend to five hundred rupees, or with both: Or, if the summons, notice, order or proclamation is to attend in person or by agent in a court of justice, with simple imprisonment for a term which may extend to one thousand rupees, or with both.&......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. ..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....sential requirement for the purpose of assessment of an assesse's income. This provision of notice having been enacted for general interest in keeping with the principle of natural justice cannot be taken to be merely directory. It is a mandatory provision. As we have noticed earl......d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
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