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Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)

.... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683   ......de of Civil Procedure. The application is undoubtedly misconceived. Order 9 rule 4 of Civil Procedure Code provides for the plaintiff to bring a fresh suit which is dismissed either for non-service of summons in consequence of plaintiff failure to pay cost or for non-appearance of both the..

Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1

Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus¬tody) Vs. The State, represen¬ted by Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Eden Bu¬ildings, Dacca, 1975, 4 CLC (HCD)

....rintendent Chi­ttagong Jail………………....For the Petitioner Judgment June 26, 1975. Result: The rule is made absolute. Order of the Government Needed to Extend Initial Detention— The absence of the initial detention beyon......i be set at liberty at once. In the result, the rule is made absolute. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 517   ..

Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2

Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)

....er of fact, he recorded findings regarding irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article 9(i) of the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 (hereinafter referred to as 'the Order......ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577      ..

Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3

Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)

....e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563         ......ed which shall govern both the revision cases. In Civil Revision No. 1423 of 1970 one Bacha Mia who is the petitioner was a railway guard under the Pakistan Eastern Railway and he was discharged from service by an order of the Chief traffic Manager, P.E. Railway on 21-4-53. Bacha Mia filed other Sui..

Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1

Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....risdiction) Present: Fazle Munim J    Shahabuddin Ahmed J  Abdur Rashid and another………………..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent Judgmen......is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614       ..

Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7

Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)

.... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490.       ......ten objection against the prayer of injunction as well as the audited balance-sheet by 30.12.73 and tried to serve them on the plaintiff Mr. Ahmedur Rahman on that day but failed. Because of this non-service the injunction matter was not heard by the court on 31.12.73 and the case was adjourned. The..

Category: Corporate Law | Date: 20 May, 1975 | Hits: 2

Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908

....tened at the time of the occurrence. The plaintiff laid his claim for damages and compensation in respect of various items of injuries at a total sum of Tk. 2 lacs. The suit was contested by the Government of East Pakistan as well as by the contractor, Defendant No. 2, by filing separate writte...... far as this appeal is concerned. A.S. Faizul Islam Choudhury J.-I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 628         ..

Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5

Eastern Hosiery Mills Sramik Bahumukhi Samabaya Samity Ltd Vs. Govt. of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....o. 21 & 22 of 1973 Judgment Fazle Munim J. — These 2 petitions were heard together. The common question raised by the petitioners in these two petitions relates to the validity of Government Notification No. IM-XV-41/72/521, dated 14. 12. 72, by which the Ministry of Industries, ......(d) to do all such other things as are incidental or conductive to the attainment of the above objects or any of them to the carrying out of this scheme. 5. The beneficiaries of the trust are Ex-services men or their dependents. So far as the composition of this body is concerned, it appears th..

Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3

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

....rdinate Judge was clearly wrong in holding that the amendment introduced by Ordinance No. 53 of 1962 whereby Pakistan accepted the notification issued under section 2 of the Act by the late Government of India before The Independence Act; 1947 as a Notification, deemed to have been issued ......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

....of Bengal and thereafter by the Province of East Bengal, on the allegation that the disputed char was partly a reformation in situ of the lands of, Mouza Kalupura and Char Ananda Part III, which were Government estates, and partly accretions to the said estates. 4. The suit was decreed in part ......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 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     ......r has it been used in any uniform sense in the Code itself. To illustrate, take the case of ex parte decree. It means that the defendant or the respondent was served with the notice and he, after the service of notice, has failed to appear in court, and in terms of relevant rule the matter was set d..

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

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

....Deputy Custodian of the Enemy Property, One of the opposite parties. 3. Mr. Khondker has raised two points, the first is that the plaintiffs were in substance, challenging an action taken by the Government purported to have been exercised under some statutory power to be null and void, and inco......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ..

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

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

....demolition of the structure constructed by him on the aforesaid Plot was also unlawful and for recovery of money for a claim for compensation amounting to Rs. 27373/5 annas 6 Paisa from the defendant Government. There was also a prayer for a permanent injunction restraining the defendants from takin......half of the defendants that the suit was barred by the principle of res judicata. The learned Subordinate Judge has taken a view that the main question to be decided in the suit was whether there was service of the requisition notice and whether the plaintiff had knowledge of the requisition and tha..

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)

.... way of compensation for illegal and wrongful taking of the said money together with charges amounting to Tk. 802/11 /- The total claim thus was laid at Tk. 11.000/-. 4. The defendant, erstwhile Government of East Bengal filed a written statement and contested the suit. The case of the defendan......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

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

....been urged on behalf of the petitioners that cognizance has been taken of the persons who were acquitted by the learned Assistant Sessions Judge and against which there was no appeal preferred by the Government. It has further been urged |ha| the learned Sessions Judge before taking fresh cognizance......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

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

....e, taken made or issued under the corres­ponding provision of this Act " 15. It is to be noted that under section 42 of the Labour Disputes Act, 1965 the legislature conferred upon the Government the power to make rules for carrying into effect the purpose of the Act. The releva...... sending the case back on remand for retrial is hereby set aside. The award made by the learned Chair­man directing the re-instatement of Aminul Islam is also set aside. The order terminating the services of Aminul Islam holds good. Cases Referred to- East Pakistan Aluminum and Iron Ma..

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

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

....ip;……Opposite Party Judgment March 8, 1974. Result: The Rule is made absolute, Allowed Case Referred to-  (1967) 19 DLR (SC) 403-Golam Jilani Vs. The Government of West Pakistan, P.L.D. 1967 (SC) 373, Abdul Baki Vs. The Government of Pakistan, (1963)......bsp;17 of the Public Safety Ordinance, 1958 (Ordinance No. LXXVIII of 1958), the President is pleased to direct that the said person be detained for a period of 3 (three) months from the date of service of this order on him. By order of the President, Sd/- F. Rab. Section Offic..

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

Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)

....9, impleading the peti­tioner Haji Gura Meah Shah as purchaser opposite party No.1 and the vendor opposite party Nos. 2 and 3 and other co-sharers of the khatian as opposite party Nos.4-6 and the Government of Bangladesh as opposite party No.8. 3. Purchaser petitioner Haji Gura Mia conteste......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)

.... which has been passed in pursuance of Ordinance No. 1 of 1964 should not be interfered with because this Ordinance was enacted in furtherance of a public policy and has been accepted to be so by the Government of Bangladesh and the learned Advocate has drawn my attention to a newspaper notice purpo......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)

....ing any article or substance with a view to their use, transport, sale delivery or disposal, is carried on and includes any dock, wharf, jetty, or such other class of establishments as the Provincial Government may, by notification in the official gazette, declare to be an industrial establishment f......s case Indian Supreme Court held that: “Malis employed by the Management of an Industry, for maintaining the gardens of its bungalow which are allotted to its officers, whose conditions of service and payment of whose salaries are determined by the Management and whose continuance of serv..

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