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Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)

....sed in Appeal No. 4 of 1974 by the Collector of Customs and Excise, Dacca, confiscating the imported goods claimed by the petitioner was made without lawful authority, and is of no legal effect. This declaration will not- however debar the Collector of Customs and Excise, Dacca from taking any actio...... 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. ...... High Court Division (Special Original Jurisdiction) Present: Shahabuddin J M.H. Rahman J Farid Ahmed..................................Petitioner Vs. The Govt of Bangladesh & others.........Respondents Judgment February 10, 1978. Result: ..

Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2

Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)

....tition suit. 3. Support of the application Mr. S.S. Halder, the learned Advocate has argued that the appeal did not abate as a whole since the suit was not merely a partition suit but a suit for declaration of the plaintiff's title as well. I have perused the judgment of the trial court as ...... 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)

.... 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     ...... 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     ......nal Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Mahboob Morshed………………………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. Result: ..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1

Assistant Electrical Engi¬neer, Pahartali Power House Messrs. M.M. Ispahani Ltd. Pahartali, Chittagong Vs. Chairman, Labour Court, Chittagong & another, 1978, 7 CLC (HCD)

....d Labour Court is 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) 211.     ......d Labour Court is 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) 211.     ......ight guaranteed or secured. This contention is also found to have been raised before the learned Labour Court but was not accepted. Mr. Shaheed Alam has referred to a decision of the Supreme Court of Bangladesh dated 31-7-77 in Civil Appeal No.55 of 1977 in support of his contention. It has been hel..

Category: Labour and Industrial Law | Date: 6 Feb, 1978 | Hits: 3

Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)

....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......gh Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Progati Khudra Babashayee Samabaya Samity Ltd...........Petitioner Vs. Bangladesh.................................Respondent Judgment February 3, 1978. Resu..

Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2

Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....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.   ...... Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Fazlul Huq Chowdhury.............................Petitioner Vs. Govt. of Bangladesh...............................Respondents Judgment February 1, 1978. Resu..

Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1

Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....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.   ...... High Court Division (Special Original Jurisdiction) Present: S. Ahmed J M.H. Rahman J Fazlul Huq Chowdhury................................Petitioner Vs. Govt. of Bangladesh..................................Respondents Judgment February 1, 1978. Re..

Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1

Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)

....egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......ghts which they alleged were guaranteed and secured to them in terms of an Office Memorandum dated 18th May, 1974 (Annexure 'A') of the Ministry of Finance (Implementation Cell)-Government of Bangladesh, read with the recommendation of the National Pay Commission of 1973. Recommendation of t..

Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1

Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)

....tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208.   ......tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208.   ......n left United Kingdom for Dacca on 26th August, 1976 but the mother (opposite party) who was serving in a U.K. Hospital remained in London and continued with her job there. The opposite party came to Bangladesh on receipt of the summons of the instant case. After her return to Dacca the minor daught..

Category: Family Law | Date: 20 Jan, 1978 | Hits: 4

Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)

....using permanent injunction on a finding that the plaintiff was out of possession of the land ever since he had purchased it. Thereafter the plaintiff filed the present suit; T. S. No. 92 of 1973, for declaration of title and recovery of possession. The defendants contested this suit denying the plai......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84     ......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84     ..

Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1

Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)

....nder section and the plaintiffs' title to the land was not 37 of the Sales Act. It was further held by the learned Subordinate Judge that the suit was not for setting aside the sale but was for a declaration of the plaintiffs' title which remained unaffected by the sale. On these findings he...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..

Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2

Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)

....nder section and the plaintiffs' title to the land was not 37 of the Sales Act. It was further held by the learned Subordinate Judge that the suit was not for setting aside the sale but was for a declaration of the plaintiffs' title which remained unaffected by the sale. On these findings he...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..

Category: Property Law | Date: 16 Jan, 1978 | Hits: 2

Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)

....nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94.     ......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94.     ......ld an allotment for export of salt, to sell the same to the plaintiff. As per arrangement between the parties concerned, defendant No. 6 chartered the vessel (defendant No. 1) for carriage of salt to Bangladesh. Accordingly, a charter party was signed on 14.7.77 between defendant No.6 and defendant ..

Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39

A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)

....e paid. The next case is the case of Wilayat Hossain Vs. The State 20 D.L.R. (W.P.) page 4 in which it has been held that 3 stages are con­templated for a proceeding under Section 514. Firstly, a declaration of forfeiture, secondly, the order for payment or to show cause, and thirdly, step be ta......passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ..

Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1

Md. Abdur Rasheed Vs.

....l No. 79 of 1970. Judgment M. H. Rahman J.—This is a second appeal. The appellant, Md. Abdur Rasheed, filed Title Suit No. 36 in the Court of Subordinate Judge, 1st Court, Dacca for a declaration that the order dated 22. 2. 66 of the Deputy Director of Public Instructions, Dacca Divi......tiff is still in service. In the result, the appeal is allowed with costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 231.   ......High Court Division (Civil Appellant Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Abdur Rasheed..............................Appellant Vs. Govt. of Bangladesh.............................Respondent Judgment December 2, 1977. Result: ..

Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2

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. ......e Custodian could take possession of any ejmali land of which the appellant was in possession as a co-sharer without partition of the said lands in accordance with law. 6. After the emergence of Bangladesh the Government of Bangladesh seems to have been interested in the properties which vested..

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

Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)

....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230.     ......rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230.     ......(Dacca) 529; Md. Nurullah Patwari Vs. Golam Hossain Chowdhury and others (F.M A. 63/75); Tulshi Ram Vs. Dinanath, A.I.R. 1926 (Lahore) 145; Abdulla Bhoi and others Vs. Ahmed Din, 16 D.L.R. (S.C) 169; Bangladesh Vs. Md. ShamsulHuq and others (FMA. 356/76);Labhu Ram Vs. Ram Pratab and others, AIR. 194..

Category: Property Law | Date: 25 Nov, 1977 | Hits: 2

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.         ......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.         ......emand notice. The petitioner, however, paid separate Court fees payable on separate applications. 2. The petitioner's case in short is as follows: The petitioner is a company incorporated in Bangladesh under the Companies Act, 1913, having its registered office at Strand Road, Chittagong, a..

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.   ......llate Civil Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Dacca Match Factory Ltd........Plaintiff-Appellant (In Ap­peal Nos.217 & 218 of 1977) Vs. Bangladesh Match Company Ltd. Principal-Defendant………...Respondent (In both the ..

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

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

....respondent for his failure to put in a sum of Tk. 500/- within the time direct­ed by the appellate Court. 2. The appellant brought a suit in the first Court of Munsif, Sadar, Chittagong, for declaration of title to, and in confirmation of posse­ssion in, the land in suit and also for pe......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. ......section 148 of the said Code." 11. The view expressed in the Pakistan Supreme Court decision referred to above was followed in three Single Bench decisions of the High Court Division of the Bangladesh Supreme Court in the cases of Rajendra Shirali and others Vs. Mahadev Shirali (1975) 27 D..

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