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Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
....cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662 ......Respondents Judgment May 20, 1975. Bangladesh Union Parishad and Paurasbsva Election Rules, 1973 Rule 40— The Sanctity and Impartiality of the Election— The provisions of Rule 40 do not empower the Presiding Officer to take away the ballot boxes to any plac..Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1
....e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
......petitioners in these 2 petitions are putting their claim as buyers or more correctly, intending or prospective buyers. It may briefly be mentioned that Sena Kalyan Sangstha is a body formed under the provisions of the Charitable Endorsement Act, 1890 (Act VI of 1890). The scheme for the administrati..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....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 ....... The Chairman of the Arbitration Court, Mr. Abul Kalam, proceeded to give an award and actually gave, it on 3.9.72 without taking any steps for properly constituting the Court in accordance with the provisions of Article (4) of the Evacuee Property Order, 1972. The Chairman of the Arbitration Court..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
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 ......s a party to the Convention set forth in the Second Schedule of the Act, and that the territory concerned is the territory to which the Convention applies, after it has been satisfied that reciprocal provisions have been made, and that such an action being inherently an act pertaining to the soverei..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....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 ......sp;8 could be passed only when the suit was called on for hearing. Hearing, of course, may be considered in its broadest sense to include any positive step in the carriage of the suit. Secondly, provisions of Order 9 do not in terms apply to miscellaneous case arising out of an execut..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....ecord to show that the packing and sealing of the packets were done in presence of the candidates or their agents or their signatures were sought to be obtained on those packets. Having regard to the mandatory nature of the direction contained in rule 42, all those papers should have been packed and......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
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......ommercial loan within the meaning of the Act. The learned Subordinate Judge having held the loan to be a commercial loan entered into the question whether the applicants brought themselves within the provisions of ss. 30 and 36 of the Act and then rejected their claim. The High Court of Calcutta on ..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
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 ......missing his suit. The Plaintiff brought a suit 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..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
.... 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
......he legal owner, and which, has been made over to the creditor, as a security.”
For a proper appreciation of the respective contentions of the learned advocates it is necessary to quote the provisions of section 176 of the Contract Act with are to the following effect:-
&ldq..
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)
....of Labour (Standing Orders) Act, 1965, (hereinafter called the Standing Orders, 1965) and that under rule 34 of East Pakistan Industrial Disputes Rules, 1960 (hereinafter called the Rules) it is mandatory that the Chairman before giving an award shall obtain and consider the advice of the membe......Pakistan Labour Disputes Act, 1965 and (iii) Whether the Labour Court can make an order for re-instatement of a worker in the absence of a complaint seeking reinstatement in accordance with the provisions of section 25 of the East Pakistan Employment of Labour (Standing Orders) Act, 1965...Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....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 ......ly. The circumstances leading to the arrest of the petitioner and the manner in which the detaining authority proceeded show the mala fide nature of the action. Before proceeding further the relevant provisions of sections 17(1) and41 of the Bangladesh Public Safety Ordinance may be q..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 ......t;12. Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person when a plaintiff or defendant, who has been ordered to appear, he shall be subject to all the provisions of the foregoing rules applicable to plaintiffs and defendants, respectively, who do..Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....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. ......tar was refused registration on the ground of absence of permission of the Board of Revenue as required under section 4 the said Ordinance. It has been held in the said decision that as the provisions of sections 4 and 6 of the Ordinance cannot be said to have imposed r..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)
.... 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 ......;25(1)(a) of the Employment of Labour (Standing Orders) Act, 1965 (hereinafter referred to as the "Standing Orders Act") to the respondent company stating that they are governed by the provisions of the Shops and Establishment Act, 1965. He claimed that according to section 4&nbs..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ...... Bhattacharya, J. It is pertinent to refer here to the following observation made in the said case:- “These powers, as contemplated in the said section are intended to supplement the other provisions of the Code, as a Legislature cannot foresee and provide for every eventuality which may ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
.... Advocate for the Bank, goes to the very constitution of the Court itself, so that the decision given by it is illegal and without jurisdiction.
5. Mr. Huq, has contended that the rule 34 is not mandatory, and if it is held to be mandatory, then this rule is ultra vires being inconsistent with ......oceeding commenced or other actions taken under any law shall be deemed to have been done, made, issued, appointed, constituted, given, commenced or taken, as the case may be, under the corresponding provisions of this Ordinance, to the extent of consistency therewith, notwithstanding the repeal of ..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
.... provisions of section102 of the Town Improvement Act empowering the Provincial Government to make Disciplinary Rules in respect of the D.I.T. employees, though apparently permissible are really mandatory. Furthermore section 34 of the Act provides that the power of appointing and pun......sdiction on the ground that a case in respect of the property was pending in the Civil Court between the parties. The Petitioner was obviously under a wrong conception regarding the applicable of the provisions of the P. O. -13/72 because the fact that a case is pending in a Civil Court regarding th..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
.... 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 ...... right of reconveyance as provided in the Agreement (Exbt. 2) could not be validly assigned. This right apart from its legal basis as provided in the contract, having been recognised in the different provisions of the Transfer of Properly Act and made transferable, or assignable, it comes Into exist..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
....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.
...... person having any commercial, financial or other intercourse or dealing with such person while so acting shall not merely by reason of such intercourse or dealings, be deemed to have contravened the provisions of the rule 162 or rule 170.
7. The relevant portion of the Notification authorizing..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....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 ......t it is available only to a defendant in a suit. If we, however, examine those observation of the Judicial Committee more closely in context of the facts of the case and in the light of the statutory provisions, then it will be clear that it will be not reasonable to put such a narrow construction o..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
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