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Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)

....sion (Criminal Appellate Jurisdiction) Present: Abdur Rahman Chowdhury J A. T. M. Afzal J Monoruddin @ Mona & another.........................Appellants Vs. The State....................................................Respondents Judgment June 13, 197......gh Court Division (Criminal Appellate Jurisdiction) Present: Abdur Rahman Chowdhury J A. T. M. Afzal J Monoruddin @ Mona & another.........................Appellants Vs. The State....................................................Respondents Judgment ......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282.     ......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282.     ..

Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1

Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)

....In that case the Supreme Court of Pakistan made a critical examination of the "doctrine of legal positivism" propounded by Hans Kelson, and on review of its previous decision in the case of State Vs. Dosso, P L.D. 1958 S.C., 533 overruled that decision. What was the decision in Dosso's......h Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Sultan Ahmed........................................Petitioner Vs. Chief Election Commissioner & others.......Respondents (In Petition No. 444 of 1978) ......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ..

Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3

Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)

....gh Court Division (Special Original Jurisdiction) Present: Badrul Haider Chowdhury J Abdul Malek J Haji Joynal Abedin...............................Petitioner Vs. State, People's Republic, Bang­ladesh others……..Respondents Judgment ......t High Court Division (Special Original Jurisdiction) Present: Badrul Haider Chowdhury J Abdul Malek J Haji Joynal Abedin...............................Petitioner Vs. State, People's Republic, Bang­ladesh others……..Respondents Judg....... 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.   ......ame was retained in Government of India Act, 1935. When the India Independence Act 1947 was passed and two Dominions were created, Government of India Act, 1935 continued till the Constitution of the Islamic Republic of Pakistan. High Court was established by Article 165 and writ jurisdict..

Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3

Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)

....ision No. 445 and 446 of 1975 Judgment Ranadhir Sen J.- These two Rules are directed against two orders of the learned Munsif in two different proceeding under section 143A of the State Acquisition and Tenancy Act. The learned Munsif rejected the application for addition of parti...... Revisional Jurisdiction) Present: Ranadhir Sen J Abu Daud and others………………………………..Petitioners Vs. Ruhul Amin Sardar and others (In C.R. 445/75) Sailuddin Sardar & others…&he......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421   ......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421   ..

Category: Property Law | Date: 2 May, 1978 | Hits: 1

Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)

....nder section 8B (3) Court Fees Act did not adjudicate and determine any right between the parties…. (7 & 9) Cases Referred to- S.M. Jamiran Khatoon Vs. The Secretary of State for India in Council and another, 44 C.W.N. 745); Sudhir Kumar Chatterjee Vs. Mahadeb Chakrabo......   ......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.   ......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)

....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. ......rt High Court Division (Special Original Jurisdiction) Present: S. M. Mohsen Ali J A. T. M. Afzal J Badrunnessa..........................................Petitioner Vs. Vice-Chancellor, Uni­versity of Dacca and others....................Respondents Ju......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. ...... Thorne Vs. University of London, (1966) 2 All F.R. 338. Kindersley Vs. C Shafiqur Rahman Vs. Certificate Officer, Dacca and another, (1977) 29 DLR SC) 232. Lawyers Involved: A. B. M. Nurul Islam, Advocate—For the Petitioner. Syed Ishtiaq Ahmed with Mahmudul Islam, Advocates&mda..

Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3

Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)

.... 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.   ......se is also Reported in: 30 DLR (HCD) (1978) 215.   ..

Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1

Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)

....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169     ......sdiction) Present: Badrul Haider Chowdhary J A.T.M Masood J Amirul Islam Chowdhory J Saber Ahmed and 30 others (2nd party)…………… Petitioner Vs. Amir Hamja & 6 others……………………........sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169     ......HCD) (1979) 169     ..

Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4

Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)

....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169.     ......ction) Present: Badrul Haider Chowdhary J A.T.M Masood J Amirul Islam Chowdhory J Saber Ahmed and 30 others (2nd party)……………Petitioner Vs. Amir Hamja & 6 others……………………........ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169.     ......CD) (1979) 169.     ..

Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1

Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)

....red kabalas Ext. 1 and 1(a); that the suit land was at first recorded in the names of defendants 3, 4 and 5 and The Majumdar landlords filed an objection, under section 19(1) of East Bengal State Acquisition and Tenancy Act, and got their names recorded but the defendants, 3, 4 and 5 prefe......0.   ......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.   ......ona Mia Vs. Momraj Bhuiya (1974) 26 DLR 245; Promotha Nath Chowdhury and others Vs. Kumir Mondal Alimuddin Munshi Vs. Mainuddin Talukdar (1962) 14 DLR 725. Lawyers Involved: A. T. M. Kamrul Islam—For Appellant. B. N. Chowdhury—For Respondent. Appeal from Appellate Dec..

Category: Property Law | Date: 21 Mar, 1978 | Hits: 3

Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)

....ii) of the Staff Regulations, is legal and valid.” 2. Appellant Abdul Hannan Sikdar was appointed on April 10, 1957 as a Coin/Note Examiner in Grade-II at the Dacca Office of the erstwhile State Bank of Pakistan on a temporary basis. He was given the benefit of confirmation in the said po......llip;………Appellant (Civil Appeal No.62 of 1978) Md. Ershad Ali Khan……………………Appellant (Civil Appeal No.78 of 1978) Vs. Bangladesh Bank & others…………………&hellip......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. ......ts. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ..

Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168

Commissioner of Sales Tax, Chittagong Zone, Chittagong Vs. Amin Jute Mills Limited, Sadarghat Road, Chitta¬gong, 1978, 7 CLC (HCD)

....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.   ...... Division (Special Original Jurisdiction) Present: K.M. Subhan J Abdul Momith Choudhury J Commissioner of Sales Tax, Chittagong Zone, Chittagong................Applicant Vs. Amin Jute Mills Limited, Sadarghat Road, Chitta­gong.......................Respondent ......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.   ...........Respondent Judgment February 17, 1978. Result: The application is rejected. Lawyers Involved: Mozammel Hoque Bhuiyan—For applicant. Rafiqul Haque and T. Islam—For Respondent. Application No. 169 of 1972. Judgment K. M. Subhan J.&md..

Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2

Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)

....iv. 503; Hogg Vs. Cramphorin, 1967 Chan. 254; Fender Vs. Lashington. 1877 (6) Chan. Div. 70; Alhaj Abdur Rah­man Bhuiya Vs. Comr. of Narayanganj Municipality, 10 DLR 431; Fischer Vs. Secretary of State, ILR 39 Cal. 704; Sheoparsan Singh Vs. Ramnandan Singh, 43 IA 91. Lawyers Involved: ......ourt High Court Division (Civil Appellate Jurisdiction) Present: K.M. Subhan J Abdul Momith Chowdhury J Shnmsul Huda....................................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. ......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ..

Category: Company Law | Date: 17 Feb, 1978 | Hits: 8

Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)

....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. ......Jurisdiction) Present: K.M. Sobhan J Abdul Momith Choudhury J Commissioner of Income Tax, Chittagong……………………Applicant Vs. Consolidated Tea & Lands Co. Ltd..........................Respondents Judgment ......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. ......ome Tax, Chittagong Vs. M/s. National Brokers Ltd., Chittagong in 1977 Bangladesh Tax Decisions page 1. Lawyers Involved: Mozammel Hague Bhuiyan—For Applicant. Rafiqul Haque, T. Islam—For Respondent. Application No.15 of 1975. Judgment K. M. Subhan J.&mdash..

Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4

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 ...... High 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. ......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 .........Petitioner Vs. Bangladesh.................................Respondent Judgment February 3, 1978. Result: The rule is made absolute. Lawyers Involved: Rafiqul Islam— For the Petitioner. Abdul Hamid Chowdhury—For Respon­dent No. 2. Wr..

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

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

....government. But defdt. No.1, Ammullaya Ch. Kundu claiming that the auction purchaser  Kali Krishna Chakraborty had been his benamder filed an objection petition under section 19 of the State Acquisition and Tenancy Act, 1950 to the Revenue Officer, Gopalganj and got his name recorded ...... (Civil Appellate Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Amulya Chandra Kundu……………………...Petitioner Vs. Monendra Nath Biswas……………………&hellip...... 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)

....government. But  defdt. No.1, Ammullaya Ch. Kundu claiming that the auction purchaser Kali Krishna Chakraborty had been his benamder filed an objection petition under section 19 of the State Acquisition and Tenancy Act, 1950 to the Revenue Officer, Gopalganj and got his name recorded ...... (Civil Appellate Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Amulya Chandra Kundu……………………...Petitioner Vs. MonendraNath Biswas………………………...... 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)

....reasian Equipments and Chemicals Ltd. (defendant No.7) for the purchase of 9,500 metric tons of Indian marine crushed salt in bulk for edible purposes. Since defendant No. 7 had no allotment from the State Trading Corporation of India for export of salt, defendant No.7 entered into a mutually agreed......sp; ......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.     ..

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)

....eme Court High Court Division (Criminal Revisional Jurisdiction) Present: Faizul Islam Chowdhury J A. K. M. Abdur Rashid and others..............Petitioners Vs. The State................................................Respondents Judgment December 15, 19...... 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. ......ule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ..

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

Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)

.... A.S. Faizul Islam Chowdhury J Maram Ali ………………………………………Petitioner Vs. The State and others.....................Respondents Judgment December 9, 1977. Result: ...... Present: A.S. Faizul Islam Chowdhury J Maram Ali ………………………………………Petitioner Vs. The State and others.....................Respondents Judgment December 9, 1977. ......e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......75 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ..

Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1