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Benoy Bhusan Bardhan and others Vs. Sub-Divisional Offi­cer, Brahmanbaria and another, 1977, 6 CLC (AD)

....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. ......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. ...... the Appellants. Anwarul Huq Chowdhury, Advocate, instru­cted by B. Hossain, Advocate-on Record-For Respondent No. 2. Ex parte—Respondent No.1. B.B. Roy Chowdhury, Asstt. Attorney-General instructed by B. Hossain Advocate-on-Record-For the Added Respondent No.3. Civil Appeal..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)

....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86.         ...... valuation of oil storage tanks and without giving any opportunity of being heard, cannot stand. In the Urban Immoveable property Tax Rules, 1957 there is provision for first appeal before the Deputy Director of Taxation against the order of, assessment made by the Taxation Officer and second appeal......ospective, and not retrospective." 13. Following the settled principles of interpretation we find it difficult to accept the interpretation sought to be given by the learned Asstt. Advocate-General appearing for the respondent No. 1, that is, rule 10 can be given retrospective operation. T..

Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4

Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)

.... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244.   ...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244.   ...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244.   ..

Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8

Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)

....t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ..

Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111

Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)

....he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349.   ......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349.   ......th the above award has preferred cross-objection in this appeal and has challenged the judgment and award to the extent they have been aggrieved. 6. Mr. Sultan Ahmed, the learned Deputy Advocate General appearing on behalf of the Government has challenged the basis of awarding compensation at t..

Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2

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.       ......n favor of the plaintiff authorising him thereby to do all acts for protecting, and if necessary for selling his properties including the suit land. The plaintiff met the concerned authorities of the Directorate of Military Land and Cantonment at Dacca and got the order of cancellation of the lease ......elled the defendant's lease on the ground of non-payment of rent whereupon the plaintiff rushed to Calcutta and informed the defendant (No. 1) of this development., Defendant No.1 then executed a General Power of Attorney dated 30.9.72 in favor of the plaintiff authorising him thereby to do all ..

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.   ......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.   ...... 14. Mr. Kamaluddin Ahmed appearing for the respondent No. 1 could not show us any provision of Martial Law which has been violated by the petitioner and for that matter the learned Asstt. Advocate General appearing for other respondents, could not lay his finger on any such law. In the premises t..

Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5

Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)

.... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193   ...... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193   ...... Act. According to him, the Presidential Order in question prescribed a limitation by excluding a period referred to therein and as such was a Special Law of Limitation excluding the operation of the General Law of Limitation. According to him, if the petitioner takes the benefit under P.O.12 of 197..

Category: Property Law | Date: 15 Aug, 1977 | Hits: 3

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

....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.   ......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.   ......tention under rule, 5(1)(a) and the detention is, therefore, mala fide. The learned Advocate has referred to few decisions which will be considered presently. 6. The learned Deputy Advocate General appearing for the respondents has argued that the detention orders were passed with a view t..

Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....de absolute without any order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 295       ......n made without lawful authority and of no legal effect. 2. The facts in brief are as follows: The petitioner was an Executive Engineer, Dacca-Aricha Highway Project under Roads and Highways Directorate. The petitioner was placed under suspension on 6 3-73 as recommended by the 1st Screenin......ny punishment inflicted in pursuance of such recommendation must be characterised as having been made without lawful authority and of no legal effect. The submission of the learned Assistant Advocate General Mr. Kazi Shafiuddin that sub-rules (4) and (5) have given ample opportunity to the petitione..

Category: Property Law | Date: 27 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.   ...... 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.   ...... part. Case Referred To- Bangladesh Vs. Fazlur Rahman, (1974) 26 D.L.R. 255;Bangladesh Vs. Abdul Mannan, (1977) 29 D.L.R. (S.C.) 17 Lawyers Involved: Sultan Ahmed, Deputy Advocate General—For the Appellant. M. A. Jalil—For the Respondents. Appeal from Origi..

Category: Property Law | Date: 18 Jul, 1977 | Hits: 2

Abdur Rahman Vs. The State, 1977, 6 CLC (AD)

....ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257.   ......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257.   ...... 28 Cal, 211; Peer Badsha Vs. State, 15 DLR (SC) 55; PLD 1963 (SC) 93; Peer Badsha Vs. State, 15 DLR (SC) 55; Abul Vs. Haji Abdul Gani, 14 DLR Dac. 511; PLD 1963 Dac, 618; Attah Md. Vs. Inspector General of Police, West Pakistan, PLD 1965 (W.P.) Lah. 734; Jaffar Ahmed Vs. State, 26 DLR 211. ..

Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72

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.   ...... 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.   ......intiff. According to him it has cut the root of the plaintiff's case of right of possession as the wife of domesticated son-in-law. 11. Mr. Ismailuddin Sarkar, the learned Assistant Advocate General appearing on behalf of the respondent submits that by the "Anumati Patra" she has ..

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)

....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.   ......r alia, that the petitioner Mr., A. Khalilullah, formerly Sub-Overseer cum-Sectional Officer, Jhenidah Building Sub-Division, under Building Division, Jessore (1), while in service under the Building Directorate of the Government of Bangladesh, was given the charge of supervising the work of constru......for entertaining a case of a Government Servant on the allegations upon which a departmental enquiry has already been concluded and disposed of? 8. Mr. M.M. Haque, the learned Assistant Advocate General, appearing for the respondents submitted with reference to Sub-Rule (2) of Rule 10 of the Go..

Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3

Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)

.... 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. ...... 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. ......s Ltd. Vs. Hajee Mohammedin & Co., 8 DLR 719; Azizur Rahman Vs. Janata Bank, 28 DLR 252. Lawyers Involved: Shahid Alam, Advocate - For the Petitioner. Sultan Ahmed, Deputy Attorney-General - For the Respondent. Civil Revision Case No. 627 of 1973. Judgment K M Subh..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 60

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ......f the Code of Criminal Procedure and as such the order should be declared to be of no legal effect in the suit filed by the plaintiff-petitioner. 5. Mr. Sultan Ahmad, the learned Deputy Advocate-General appearing for Government- opposite party has, on the other hand, contended that the Sea Cust..

Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1

Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra Vs. The State and others, 1977, 6 CLC (HCD)

....ndered by both the learned Assistant Advocate General and Mr. Serajul Huq. Muhammad Habibur Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 103.   ......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq. Muhammad Habibur Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 103.   ......ower on such authority. It is stated further that the detention is not in accordance with law and therefore, he is being detained illegally and improperly. 3. The Additional Deputy Commissioner (General), Jessore has sworn the affidavit on behalf of the respondents and stated that he dealt with..

Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1

Khulna Shipyard Employees Union Vs. General Manager, Khulna Shipyard and two others, 1977, 6 CLC (HCD)

....sult, the rule is discharged without any order as to costs. Abdul Matin Khan Chowdhry J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ......sult, the rule is discharged without any order as to costs. Abdul Matin Khan Chowdhry J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ......inal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Khulna Shipyard Employees Union (Registered No.441) Matiakhali, Khulna.......Petitioner Vs. General Manager, Khulna Shipyard and two others...................Respondents Judgment Ju..

Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1

Habibullah Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra¬tion & Land Reforms, Bangladesh & others, 1977, 6 CLC (HCD)

....ed without any order as to costs and the order of stay is vacated. Abdul Matin Khan Chowdhury  J.-I agree, Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 47.   ......ed without any order as to costs and the order of stay is vacated. Abdul Matin Khan Chowdhury  J.-I agree, Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 47.   ......Respondents Judgment June 10, 1977. Result: The Rule is discharged. Lawyers Involved: Mohammadullah—For the Petitioner. Anwarul Huq Chowdhury, Deputy Advocate General—For the Respondents. W.P. No. 98 of 1974. In the Matter of An application u..

Category: Property Law | Date: 10 Jun, 1977 | Hits: 2

Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)

....hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124.   ......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124.   ......ate, (1975) 27 D.L.R. 111;19 D.L.R. (S.C.) 426. Lawyers Involved: Mujibar Rahman with Md. Abdul Matin, Advocates–For the Petitioner. Anwarul Hague Chowdhury, Deputy Advo­cate-General—For Respondents No.2. Writ petition No. 248 of 1977. Judgment Ruhul I..

Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2