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Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....bjection. On 17.5.71 the Executing Court passed another order ex pane vacating |he stay order obtained earlier by the judgment-debtor on 31.8.70.: by the same, order the sale was confirmed. The other relevant orders calling attention are that on 27.5.71 sale-certificate was granted to the auction Pu......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 ...... Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muhammad PLD 1961 Lahore 792; Hariram Rewachand Vs. Pribhdas Mulchand and others AIR 1945 Sind 98; Sangram Singh, Vs. Election Tribunal Kotah an......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 ..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....d records and we, therefore, felt that these records required our examination for ascertaining their significance with regard to the questions in dispute. On that view of the matter we called for the relevant records which are maintained under rule 42 of the Union Parishad and Pourashava Election Ru......r Article 102 of the Constitution is directed against the declaration of the result of the election of the Chairman of Noakhali Pourashava on the ground that there were certain unauthorized papers in the ballot boxes at the P.T.I. Maizdi Polling station. 2. The petitioner was a candid......bsp; ......esiding Officer shall prepare a ballot paper account separately for members or commissioners, Chairman and Vice-Chairman in Form 'O'. (4) The Presiding Officer shall send the Packets and documents mentioned in the rule to the Returning Officer without delay under proper escort. We ..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....what representation the plaintiff made to the authority concerned and what action was actually taken by the Government on such representation. There is no doubt in our mind, on a consideration of the relevant provisions of the Emergency Requisition of Property Act, that the Government could go into ......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 ......diction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent Judgment ......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 ..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)
....al is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; President Vs. Mr. Justice Shaukat Ali, PLD 1971 (SC) 585 relevant page at 617; Smith Vs. Hancock, (1) 1894/2 Ch page 377 Lawyers Involved: Sultan A......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. .................Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; President Vs. Mr. Justice Shaukat Ali, PLD 1971 (SC) 585 relevant page a......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
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....ost aged about 14 years. He is the eldest son of deceased Hasan Ali Chowkidar His evidence is that his father as usual carried head loads of pan from Algi Bazar to Sajirpur ghat in the evening of the relevant day, that is on 14-6-69 and that the pan business of his father angered accused Kashem who ......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......nt Vs. The State……………………....................Respondent Judgment January 21, 1975. Result: The order of conviction and sentence is set aside. Lawyers Involved: Rafique Rahman—For the Appellants. ......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ..Category: Criminal Law | Date: 21 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
......espondent that there was no definite evidence as to the actual quantity or the value of the hypothecated goods. We are unable to accept this contention of the learned Advocate for the respondent. The papers maintained by the Bank itself indicate the quantity of the goods as well as its market value....... - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......ect. No evidence was adduced on behalf of the defendant to prove that the quantity or the value thereof are different from what has been asserted on behalf of the plaintiff. It is the defendant's documents which have been relied upon on behalf of the plaintiff to prove the quantity and the value..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
.... petitioners were tried by the learned Assistant Sessions Judge under section467/34 of the Penal Code. The learned Assistant Session Judge on examination of all the witnesses and considering the relevant documents exhibited found the petitioners guilty. The petitioners other than petitioner Abd......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. ...... DLR (HCD) (1978) 237. ......r-in-Charge of Gopalganj Police Station in The district of Faridpur against the petitioners and 11 others by a Sub-Inspector of Police, C.I.D. If was alleged therein that the accused, prepared forged documents in respect of c.s. plots Nos.5217, 5321 and 5258 under mouza Paikerdanga P.S. Gopalganj in..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)
....ivil Appeal No 1 of 1972 is by Mr. Aminul Islam and six others who are workers under M/s. James Finlay & Co. Ltd. and Civil Appeal No. 2 of 1972 is by M/s. James Finlay & Co Ltd. 2. The relevant facts giving rise to these appeals may briefly be stated as follows:— Mr. Aminu......tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ......ase is also Reported in: ......tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....espectively. 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......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 ......R (SC) 403-Golam Jilani Vs. The Government of West Pakistan, P.L.D. 1967 (SC) 373, Abdul Baki Vs. The Government of Pakistan, (1963) 20 DLR (SC) 249; P.L.D. 1968 (SC) 313; Government of West Pakistan and another Vs. Begum Agha Abdul Karim Shorish Kashmiri, (1969) 21 DLR (SC), P.L.D. 1969. (SC) 14. ......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 ..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
.... 17. The provisions of clauses (1) and (2) of Article 4 of the 1956 Constitution of Pakistan, which were analogous to clauses (1) and (2) of Article 6 of 1962 Constitution will he relevant for the purpose of our present consideration and are set out below; "(1) Any law,......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. ...... Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ......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
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....March, 1962 in default whereof the suit would be treated as dismissed. A second appeal was filed to the High Court of West Pakistan but this appeal being treated as revision under an amendment of the relevant law was dismissed on the 9th of October, 1962. The pre-emption money as directed by the cou......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. ...... This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......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. ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
.... referred to has been included in this enactment. The position, therefore, is that the successive enactments have preserved the rules framed under the Industrial Disputes Ordinance, 1959.
7. The relevant rule which is being pressed by the learned Advocate for the Bank is rule 34(1) and the rele......ended should also be treated as his punishment in terms of Rule 39(f) of the Staff Service Rules. Against this order the Employee went to the Labor Court. Both parties filed their statements and some papers. It is asserted that the Bank also filed papers relating to the departmental proceeding inclu......
In the matter of an application under Article 98 of the late Constitution of the Islamic Republic of Pakistan, 1962 read with Article 5 of the Proclamation of Martial Law dated 25th of March, 1969 and Article 62; of the Provisional Constitutional Order dated the 4th of April. 1969.
Judgment
......esire, to re agitate the matter before the Labor Court.
We make no order as to costs.
M.N. Huda J.- I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 158.
..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163 ...... application has been annexed to this petition as Annexure 'B' The said miscellaneous case under Order 9, rule 13 of the Code of Civil Procedure it till pending for disposal and the papers to that effect has been annexed as 'C' The respondent No. 2, on 29-5-70 filed an appl......y of Information, Dacca……………………………Respondents Judgment March, 20, 1973. Result: the Rule is discharged and the order of stay is vacated. Case Referred to- M. Noman Vs. Dacca Improvement Trust a......th the parties himself, even without looking into what has already come on the record. The word "hearing" has got a wide connotation. The Thana Magistrate himself can take evidence, examine documents as may appear material to him and dispose of the case accordingly. So in the instant case ..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
....le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ......le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ......sion (Civil) Present: AM Sayem CJ Muhammad Abdullah Jabir J Md. Shahed Faruque………………..........................Petitioner Vs. Mosammat Matiunnessa Khatun and others........Respondents Judgment February 2, 1973. Result: The Rule is d......ssion of the suit land, she created a lease in favour of the plaintiff on 16-1-56. Simultaneously she sold the rent receiving interest to the plaintiff’s wife (proforma defendant No.2). These two documents were executed by Sarat Shashi's constituted attorney Abu Mohammad Kasem (P.W.2) who rece..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
....plaintiffs is not a valid one and on the basis of such purchase the plaintiffs are not entitled to maintain the suit for specific performance of contract calming reconveyance. He also referred to the relevant portion of the agreement in support of his contention which is quoted below: “à¦...... 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 ......urt Division (Civil Appellate Jurisdiction) Present: Ruhul Islam J Seru Mia…………………Defendant-Appellant Vs. Fajilatennessa and others.…………Defendant-Appellant Judgment January 8, 1973 ...... 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 ..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
....f it were not an enemy firm, and such wide powers to carry on business including power to institute a suit for realization of money as well. For proper appreciation of the question we quote below the relevant portion of rule 181 of the Defense of Pakistan Rules, 1965:-
(Rule 181. POWER TO CARRY......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.
......nst an order dated 2-3-76 passed by Mr. M. H. Rashid, Subordinate, 1st Court, Dacca in Money Suit No. 7 of 1968 rejecting the contention of the defendant petitioner that the suit was not maintainable and that the Small Industries Corporation has no lawful authority to institute the suit and to proce......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.
..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
.... possession of the property in suit and thererore there was no cause for an order of injunction. 5. For a proper appreciation of the point involved in the case, the relevant portions of the Annexure ''A" to the plaint are quoted below:— '......offered, and made to take drinks in liberal measures, that, at that place, the plaintiff No. 1 and his associates insisted that the defendant No.1 should put her signature on some written papers purported to be an agreement and also on some blank sheets which were said to be necessary fo......visional Jurisdiction) Present: A. M. Sayem CJ D. C. Bhattacharya J Mrs. June Ferguson & others.............................Petitioners Vs. Ameenur Rasheed Chaudhury and others..........Opposite Parties Judgment July 5, 1972. Result: The rule is ......tc. for all time, from the Income of the Loobacherra Tea Estate. That the First party shall within the reasonable time obtain such clearance certificates. Nationality certificates and other documents necessary to the satisfaction of the legal adviser of the Second party to effect the regis..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136. ...... opposite parties submits that the present case comes within the saving clause as provided in section 3 of Act XLV of 1974 but in support of such contention the learned Advocate failed to produce any papers whatsoever in order to show that such a property assumed the character of Enemy Property or a......Laxmi Kanta Roy……………………………………………Petitioner Vs. Upazila Nirbahi Officer and another………………...Opposite Parties Judgment Ma......ssumed the character of Enemy Property or any proceeding was started in respect of this property under the vested properties Law before repeal of Ordinance No.1 of 1969. I have perused the papers and documents Filed in this case and I am of the view that the instant case does not come within the sav..Category: Property Law | Date: 3 May, 1972 | Hits: 4
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
....ertain documents under order 12, rule 4 CPC. By his Order dated 20.3.69 the learned District Judge, rejected both the petitions and against the said order the petitioner obtained this rule. 4. The relevant portion of the order dated 20.3.69 is as follows: “The learned lawyer, appearing on be......le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ......sed in Misc. Case No.262/66 by Mr. M Islam, Dist. Judge, Chittagong rejecting the prayer of the petitioner. Yar Ali Khan Chowdhury for examination of two witnesses namely, one Mr. Anwar Ali Chowdhury and one Mr. OR Nizam (who is since reported to be dead) on commission and issuing notice under Order......ly, one Mr. Anwar Ali Chowdhury and one Mr. OR Nizam (who is since reported to be dead) on commission and issuing notice under Order 12, rule 4 of the Code of Civil Procedure for admission of certain documents. 2. The facts relating to the present petition in brief, are that on 14.12.66 the petit..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
....r a belief that the alleged breach of the peace could not be averted except by seizure of the petitioners' firearms which could not be left in their possession without danger to public peace. For the relevant direction on the police, namely, the Officer-in-Charge of Tongibari PS one has to refer to ...... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ......leted. Ed. This Case is also Reported in: ...... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
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