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Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....nd this jurisdiction is preserved and cannot be taken away. 10. Mr. Anwarul Huq Chowdhury, the learned Deputy Attorney-General canvassed that (1) the petition has not been filed by the aggrieved party (2) transfer of a case from Special Tribunal to Special Martial Law Court is permissible by re....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....handra Barman, Managing Director, Tripura Modern Bank, Chittagong Vs. Messrs Abdul Rahman, Abdul Gani and others (1960) 12 DLR 459. 7. In the AIR 1957 Cal. 360 the plaintiffs suit was decreed in part and it was held on appeal that the plaintiff as respondent in the appeal was entitled to suppor......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....rder passed under section 8B of the Court fees Act cannot be included into the category of a decree because of the fact that there was no adjudication and extermination of the rights of the parties and the same has not been expressly included in the category of decree as in the case of the...... time before the service of summons. There is a clear distinction between the wording used in the two sections 6(2) and 8B(3) Court Fees Act and as such dismissal of a suit for nonpayment of Court fees cannot be equated with the rejection of the plaint and one cannot be, read to ......missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....ellor, University of Dacca and others....................Respondents Judgment April 13, 1978. Result: The Rule is discharged. Cases Referred To- R. Vs. Dunsheath Ex-parte MEREDITH (1950) 2 All. E. R. 741, Thorne Vs. University of London, (1966) 2 All F.R. 338. Kind......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....ment April 7, 1978. Result: Rule is made absolute Lawyers Involved: S.S. Roy Chowdhury with Abdur Rashid—For the Petitioner. Aleem-al-Razee—For the opposite parties. Civil Revisional Case No.1444 of 1977. Judgment Abdur Rahman Chowdhury J.-Th...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....cription of the suit land in the schedule to the plaint was vague, indefinite and unidentifiable; that the suit was not maintainable in the present form, as the plaintiff did not come with a suit for partition; and that as the plaintiff's mother never possessed the suit land the plaintiff was ou......eal is dismissed. Whether Dakhilas Be An Evidence of Hostile Possession— The dakhilas (Ext.D) cannot be held to be an evidence of hostile possession and ouster of a co-sharer. By mere payment of rent of a land a co-sharer cannot exclude another co-sharer's title to it…. Th......r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....possession in the suit land by evicting the defendants. The plaintiffs' case, in short, is that the suit land was recorded in C.S. Khatian No.160 of mouza Borai and the plaintiffs, by an amicable partition amongst themselves and pro-defendants, were possessing the same; that during the last C.S.......ntiff never possessed the land by their borgadars, that during the revisional settlement operation the suit land had been recorded in the names of defendants 3, 4 and 5 and they possessed the same on payment of money rent, and that the suit was barred by limitation. 4. The learned Munsif dismis......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....ts have not entered appearance in this court. On 27.11.69 in presence of the learned Advocate of the appellants an order was passed that the appeal be made ready without the Exts. at the risks of the parties concerned. Mr. Khaled, however, has placed before me a certified copy of Ext. B. 8. Pro......venient to follow the nomenclature used in the document itself and in the pleadings and judgments in the Courts below, is not a mortgage in any proper sense of this word. It is not a security for the payment of any money or for the performance of any engagement, No accounts were to be rendered or re......of the learned Munsif, 1st Court, Madaripur, in Title Suit No. 244 of 1962. 2. The plaintiff's case, in brief is that plaintiff No. 1 was in need of money and approached the defendants for a loan of Rs.100/- but he was refused. Thereafter it was agreed that plaintiff No. 1 would execute a p..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....ed to the post of Teller. The appellant was transferred to the General Side on September 11, 1972 and was posted as Clerk Grade-II. On August 13, 1973 the appellant was repatriated to the cash department and posted as Coin/Note Examiner Grade-I. Thereafter, on May 23, 1974 he was promoted to th......iting to the Governor, and in case of breach of his sub-regulation, he shall be liable to pay to the Bank as compensation a sum equal, to his substantive pay for the said period of notice. Such, payment of compensation may, however, be waived by the officer-in-charge or the Governor, as the cas......ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
....irector. Mr. S.R. Paul at the very outset raised a question of maintainability of this application under Article 102 of the Constitution contending-that the 'Council' is neither a department of the Government of Bangladesh nor is it a statutory corporation or a local authority and ......, any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......, any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
....ld that the imported article was covered by the exemption, notification dated 5.12.1962.
The question of law which arose out of this order of the Income-Tax Appellate Tribunal according to the department are as follows:-
(i) Whether on the facts and in the circumstances of the cast, the Tr......s that the Hydrant Sprinkler Plant is subject to Sales Tax as it has bees imported by a licensed manufacturer. According to Mr. Mozammel Haque Bhuiyan, the learned Advocate what are exempted from the payment of Sales Tax are given under Section4 and he has referred to Clause (b) of Section ......ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
....ommissioner of Income Tax Chittagong Zone, Chittagong Vs. The Consolidated Tea and Lands Co. Ltd., in 1977 Bangladesh Tax Decisions page 212. The Division Bench of this Court to which one of us was a party answered the question of law in the following terms: “In the facts and circumstance......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
....No. 2 who passed an order on 8.3.75". This statement of the petitioner is obviously wrong, as on 8.3.75 the order earlier passed on 17.2.75 was merely forwarded to the person concerned. 8. Apart from the notice of the appeal no notice was served on the petitioner asking him to show cause w......ct to the following proviso, “Provided that no order confiscating goods of greater value, or enhancing any fine in lieu of, confiscation, or imposing or enhancing any penalty, or requiring payment of any duty not levied or short-levied shall be passed unless the person affected thereby ha...... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
....;………………………Respondents Judgment February 9, 1978. Result: The application is rejected. Abatement of an appeal in part or as a whole- Since the appeal arose out of partition suit, the suit could not have proce...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... cannot be stopped from rectifying an irregular order on lawful grounds. In support of his contention he has cited Md. Ismail Zafar and others vs. Director General, Pakistan Telegraph and Telephone Department, Government of Pakistan and others reported in PLD 1967 Karachi at page 22. Mr. Kamal has f......Railway Board and the order dated 1-1-73 of the Chief Personnel Officer, Bangladesh Railway, Chittagong creating the petitioner as a fresh appointee with effect from November 30, 1972 and directing repayment/realisation of the alleged over payment to the petitioner from 19-2-73 to 29-11-72 should no...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....his establishment since 28.3.75 when he was released and that he got no locus-standi to raise any industrial dispute on behalf of workers of this establishment. An attempt at conciliation between the parties having failed a certificate of failure was given by the conciliator whereupon the dispute wa......f both the courts below are set aside. There will, however, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
......f both the courts below are set aside. There will, however, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
..
Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
.... truck was detained by respondent No. 2 whereupon a dispute arose between the petitioner and respondent No. 2, the dispute was ultimately referred by the Registrar to an arbitrator, after hearing the parties, made an award by his order dated 30, 12, 77 asking respondent No. 2 to pay to the petitione......s the controlling authority of both the petitioner and respondent No. 2. The petitioner had taken a loan of Tk. 47.898,75 from respondent No. 2 and therewith purchased a truck on usual condition of repayment by installment. But some time after, the truck was detained by respondent No. 2 whereupon a ...... Brahmanbaria Thana Central Co-operative Association Ltd. which is Respondent No. 1. The registrar is the controlling authority of both the petitioner and respondent No. 2. The petitioner had taken a loan of Tk. 47.898,75 from respondent No. 2 and therewith purchased a truck on usual condition of re..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....t in 1951 as an Assistant Manager of Government Acquired Estates and, by efficient discharge of his duties, as he alleged, he was promoted as Circle Officer of Revenue in 1967. On 27th July, 1976 a departmental proceeding was started against him under the Government Servants (Efficiency and Discipli......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. ......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)
....t in 1951 as an Assistant Manager of Government Acquired Estates and, by efficient discharge of his duties, as he alleged, he was promoted as Circle Officer of Revenue in 1967. On 27th July, 1976 a departmental proceeding was started against him under the Government Servants (Efficiency and Discipli......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. ......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)
.... 3. The Deputy Chief Traffic Manager, East Bengal Railway, filed a written statement for and on behalf of Islamic Republic of Pakistan denying liability and stating, inter alia, that the Customs department seized the consignment which remained althrough in their custody and were stolen from their....... 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. ....... 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. ..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
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