Search Options
Judgment Advanced Search
Displaying 1321-1340 of 5707 results.
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....ainst the rest on 13.9.47. Of the said decree, the title of the plaintiffs and the co-plaintiffs to the lands of the whole of the dispute char excepting a certain portion was declared and they were also granted a decree for khas possession of the same. The learned Subordinate held, in course of his ......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ...... was not properly demarcated and the extent of the lands covered by this Char could not be ascertained with any precision on the available materials, the learned Judges made an order of remand to the trial Court so that the extent of the lands of the said Char could be properly ascertained and demar...... Vs. Babu Indu Bhusan Gupta & others ................Respondents Judgment April 17, 1975 Result: The appeal is dismissed. Cases referred to- Satyadhran Ghosal and others Vs. Smt. Deorajin Debi and another, A.I.R. 1960 (S.C.) 941; Sundar Ahir and others Vs. Ph..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....e was granted to the auction Purchaser; on 31.5.71 order for |he issue of writ of delivery of possession was made. On these occasions the judgment-debtor appeared through a lawyer, though not personally. On 11.6.71 the delivery of possession of the property was given to the auction purchaser. T......ahore 792, Hariram Rewachand Vs. Pribhdas Mulchand and others AIR 1945 Sind 98, Sangram Singh, Vs. Election Tribunal Kotah and another AIR 1955 (SC) 425. A detailed discussion of these decisions is uncalled for, as they are confined to the expression used in the Civil Procedure Code. 15. There ......examination reveals that its meaning, if at all, is difficult to apply in the Article,. The word has neither been defined, nor used in any uniform sense. The expression hardly finds place in criminal trial or appeal. In my opinion, we are left with no choice but to apply the general meaning. By so d...... 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..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....daker—For the petitioner. K.Z. Alam, Deputy Attorney-General, Ismalluddin Sarker, Asstt. Attorney-General M M, Haque, Asstt. Attorney-General—For Respondent Nos.1 & 2. Ahmad sobhan, with Aminul Huq—For Respondent No.8. Petition No. 83 of 1974 ......he basis of the records and if the determination of the question requires production of evidence, such jurisdiction is not ordinarily considered to be an appropriate forum. In present ease we are not called upon to decide any complicated question or disputed fact. We are to find out whether there ha......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ......bsp; ..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....s..........................Petitioner Vs. Bangladesh and others.......................................Opposite parties Judgment March 5, 1974. Result: The rule is made absolute. Cases Referred to- Kumudini Welfare Trust of Bengal Ltd. (1959) 11 DLR 57; Md. Yas......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......ef claimed in the present suit? According to Mr. Ahmad Hossain all the movable and immovable properties in the suit in the management of the plaintiff's Sebait. Apparently, they may be so and the trial Court also took that view. But upon true construction of the reliefs prayed for, it appears th......sion (Civil Revisional Jurisdiction) Present: A. I. Chowdhury J K Hossain J Sree Sree Radha Krishna Deities..........................Petitioner Vs. Bangladesh and others.......................................Opposite parties Judgment March 5, 1974. ..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....vour of the Respondent. He was all along in possession on his own account till dispossessed by the auction purchaser Uttama Devi was not the Judgment-debtor, in R. Ex. 65/59 in which the property was sold for a nominal sum. The Respondent claimed restoration of possession under Order 21 Rule 100 C.P......itle or interest in the suit property. The present application was not maintainable. Rarnjan Ali was the real purchaser and not a benamdar. 4. The learned Munsif on consideration of evidence called by the parties held that Niher Bala and Uttama Devi were the same person and that the Respond......xercising jurisdiction the court has not acted illegally, that is, in breach of some provision of law, or with material irregularity, that is, by committing some error of procedure in course of the trial which is material in that it may have affected the ultimate decision: If the High Court is sat......esent: SAB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Ramjan Khan alias Ramjan Ali Khan………...Appellant Vs. Obaidul Huq Chowdhury and others…………..Respondents Judgment February 5, 1975. Result: ..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....4.57 under the provisions of East Bengal Emergency Requisition of property Act 1948 was illegal and ultra vires and that the demolition of the structure constructed by him on the aforesaid Plot was also unlawful and for recovery of money for a claim for compensation amounting to Rs. 27373/5 annas 6 ......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 ......akistan, which dismissed the appeal on the 26th May 1959 upholding the Order of the Dacca High Court. This judgment of the Supreme court has been reported in 11 D.L.R. (S.C.) page 423. 5. At the trial it was contended on behalf of the defendants that the suit was barred by the principle of res ......diction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent Judgment ..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....-4-70 under section 302/34 B.P.C and sentenced to transportation for life, for murdering one Hasan Ali Chowkidar. 2. The prosecution case is that Hasan Ali Chowkidar and the accused persons were the inhabitants of village North Algi within chandpur Police Station of Comilla District. ...... transported by boats to different merchants of Noakhali. This pan business of Hasan Ali Chowkidar seriously affected the interests of accused Kashem Dewan who was the toll collector of a rival bazar called Rayer Bazar a little away from Algi Bazar. On 14-6-69 Hasan Ali Chowkidar carried, as usual, ......302 B.P.C. A competent magistrate of Comilla held the preliminary enquiry and after finding a prima facie case made out against the accused committed them to the; Court of Session to stand their trial on charge "of murder committed by them in furtherance of their common intention. 3. ......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. ..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
....;Cooveriji Umersey Vs. Mareji Vagaji & another, A.I.R. 1937 Bom 26; Hindusthan Co-operative Bank Limited and another Vs. Surendra Nath De and others, 36 C.W.N. 263, A.I.R. 1932 Cal 524; Messrs Grison Knitting Works, Vs. Laxmi Commercial Bank Ltd. and others, A.I.R. 1960 Punjab 98; Cocanada Vs. G...... 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
......
5. The substantial question which was raised in both 'the suits was as to the legality and regularity in the auction sale of the hypothecated goods held on 1.10.54.
6. At the time of the trial there was absolutely no dispute as to the amount of money which was advanced by the Bank to th...... - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....R. Nos. 202 to 208 of 1970) Vs. State.........................................Opposite parties (In all the revisions) Judgment June 4, 1974. Result: The rules are made absolute. Cases Referred To- Md. Shafiullah Vs. the State (1957) 19 DLR page 254 (259); Amin......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. ......ommitment proceeding went on before the Magistrate with the remaining accused persons and the accused persons were committed to (he Court of Sessions under section 467 of the Penal Code for trial. The petitioners were tried by the learned Assistant Sessions Judge under section467/34 o...... DLR (HCD) (1978) 237. ..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)
....y 3, 1974. Result: The order sending the case back on remand for retrial is hereby set aside. The award made by the learned Chairman directing the re-instatement of Aminul Islam is also set aside. The order terminating the services of Aminul Islam holds good. Cases Referred to-......e attempt at conciliation having failed, the seven representative workers as the First Party filed on 8-5-67 an application under section 6 of the East Pakistan Labour Disputes Act, 1965 (hereinafter called the Act) before the Second Labour Court, Dacca against the Manager, M/s. James Finlay & C......thers………………Respondents (In Civil Appeal No. 2 of 1974). Judgment May 3, 1974. Result: The order sending the case back on remand for retrial is hereby set aside. The award made by the learned Chairman directing the re-instatement ......ase is also Reported in: ..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
..... The State ………………………………Opposite Party Judgment March 8, 1974. Result: The Rule is made absolute, Allowed Case Referred to- (1967) 19 DLR (SC) 403-Golam Jilani Vs. The Govern......S/O Late Aktar Ali of Niz Mohammadpur, P. S. Beanibazar, Dist. Sylhet in c/w the marginally noted case, I beg to report that he has been arrested on the confessional statement of accd. Habib Khan, so-called General of Muslim Bangla Guerrilla force. The accd is an active member of so-called......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. ..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)
.... set aside and the pre-emption case (Misc. Case 22 of 1979) should not be dismissed under rule 12 read with rule 8 of Order 9 C.P.C. on the ground of failure of the pre-emptor petitioner to appear personally an 25.1.84, the date of preemptory hearing, in spite of such direction of the Court passed o...... 5. Rules 8 and 12 of Order 9, C.P.C. are as follows:— "8. Procedure where defendant only appears:—Where the defendant appears and the plaintiff does not appear when the suit in called on for hearing, the Court shall make an order that the suit be dismissed, unless the defendan......ed Shah is not real petitioner and that he was set up by an interested person, namely Muzammel Haque Shah to grab the property illegally. On the prayer of purchaser-petitioner Haji Gura Mia Shah, the trial court by its order dated 28.11.83 directed the pre-emptor Zahir Ahmed Shah to remain present i......ction) Present: Md. Habibur Rahman J Syed Mohammed Ali J Gura Meah Shah & others ………………….Petitioners Vs. Zahir Ahmed and others.....................Opposite Patties Judgment February 7, 1984. Result: ..Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....lip;………................Petitioner Vs. Kashem Ali Maloo..............................Opposite Party Judgment January 22, 1974. Result: Rule is made absolute. Cases Referred to- Chittaranjan Sutar Vs. Secy. Judicial Department, 17 DLR 4......oid, we are, in fact, strictly speaking, guilty of contradiction of terms, for if it is unconstitutional it is not law at all; or if it is law it cannot be unconstitutional. Thus when a particular so-called law is declared unconstitutional by a competent court of last resort, the measure in question......by setting aside the main order. 54. The result therefore is that the Rule is made absolute and the order setting aside the auction sale in question is set aside and the case is sent back to the trial Court for hearing the application under Order 21, rule 90 of the Code of Civil Procedure,...... Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
.... Vs. The Chairman, Second Labour Court of East Pakistan and others..........Respondents Judgment July 30, 1973. Result: The Rule is made absolute. Cases Referred to- J.K. Cotton Spinning & Weaving Mills Co. Ltd. Vs. Labor App......Shops and Establishment Act, 1965. He claimed that according to section 4 of this Act he will be allowed one and half days "consecutive holidays with full wages in a week. He therefore called upon the respondent company to revise the working hours in accordance with the aforesaid sect......manufacturing process is carried on.” The court did not consider a few things in this connection, such as, whether the organization where the petitioner was working is a factory on an industrial establishment, what is a manufacture process and whether the work done by the petitioner was i......ginal Jurisdiction) Present: Fazle Munim J Nurul Alam………………........Petitioner Vs. The Chairman, Second Labour Court of East Pakistan and others..........Respondents Judgment July 30, 1973. ..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....ddin Ahmed...............................Petitioner Vs. Province of E. P. (Bangladesh) & others .......Respondents Judgment July 13, 1973. Result: The Rule is made absolute. Government Service- Dismissal of on the ground of Corruption practice The petitio......de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393 ......the 1962 Constitution. The court referred to the appointment letter of the petitioner of that case in which "his services are purely of temporary nature and for the 1st six months he shall be on trial....” The Court took notice of the famous case of Ghulam Sarwar Vs. Pakistan reported in ......made absolute. Government Service- Dismissal of on the ground of Corruption practice The petitioner was charged under the allegations of misconduct, gross interference with the office work and corrupt practices under the East Pakistan Government Servants (Efficiency and Discipline) Rules,..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....section 148 of the Code of Civil Procedure or in the alternative, in exercise of his inherent powers under section 151of the Code for doing justice to the Party. The learned Advocate also contends that in any view or the matter, the learned Munsif should have treated the application a......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. ......rs Vs. Widow of Lalmon Shah and others, AIR 1958 ;Jyotish Chandar Sen Vs. Rukmini Ballav Sen and others, 62 CWN 588; Bhupendra Nath Vs. Prabhat Kumar, 63 CWN. 460; AIR 1960 Cal. 75; Printing and Industrial Machinery Ltd. Vs. Swastika Press Ltd. 90 Cal. L.J. 105; Bokaro and Ramgarh Ltd. Vs. State of ...... This Case is also Reported in: 27 DLR (HCD) (1975) 232. ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
.... Mr. Md. Golam Mostafa, Ex-Junior Clerk; National Bank of Pakistan, Khulna.
2. Third Lobour Court, Khulna.......Respondents
Judgment
April 9, 1973.
Result:
The Rule is made absolute
Case Referred to-
James Finlay & Company Vs. Aminul Islam, 21 D.L.R. 84
La......e Court, the proceedings of the Court may continue, and the decision or award may be given in the absence of such member; and no act, proceeding, decision or award of the Court shall be invalid or be called in question merely on the ground of such absence.”
The expression requiring interp......ourt. He has also submitted that there is nothing on record to show that the said member ever tendered his advice. He further submits that under rule 34 of the Rules which is operative under the Industrial Relations Ordinance 1969 no written his advice was taken or tendered from the said member. The......
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
..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....bdul Huq Miah. Advocate..............Petitioner Vs. 1. Additional 'District Judge, 1st Court, Dacca, Chairman, Special Tribunal under P.O. No. 13 of 1972. 2. Md. Shamsuddoula, son of late Haji Abdus Sattar, Ministry of Information, Dacca………&hel......further statement of the petitioner is that on 14-7-72 he filed a petition to the Sub-Divisional Officer to transfer the case to him from the Arbitration Court whereupon the Sub-Divisional Magistrate called for the records. A copy of the entire proceeding of the Arbitration case has been annexed as ......his Court. He refers to an unreported decision of this Court in F. A. 503 of 1968 (The district Council of Comilla Vs. Mr. M. Khalilur Rahman). It was an appeal, by the Govt. against the order of the trial Court setting aside an order of dismissal of a public servant. In that appeal, the case of M. ......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..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
....9. 4. Briefly stated, the plaintiff’s case was as follows. One Rai Charan Ghose was a tenant under Profulla Kumar Ghose in respect of the suit land which was under mortgage. Rai Charan sold his right, title and interest in the suit land to Sarat Sashi Devi by a registered kabala date......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. ...... said power of attorney was burnt. Charred pieces of paper were produced by the plaintiff alleging that those were portions of the said power of attorney. They were marked material exhibits at the trial. 8. Both the Courts below rejected the contesting defendants plea of abandonment of the ......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..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
....atta Gaddnda Vs. Durgappa Irappa Bhatkhar in A.I.R. 1940 Bombay page 339; Joydeb Agarwalla Vs. Bitulmal Karkhana Ltd. (1964) 16 DLR (JSC) 706; P LD. 1965 (S.C.) page 37; Ardeshir H. Mama Vs. Flora Sassooa A.I.R. 1928 Privy Council Page 208 ;Golam Ali Kazi Vs. Saijuddin Howlader and another, Dacca La......I, Chapter 2, which deals with the specific performance of contracts. The Act, like the Indian Contract Act, 1872, is a Code. The chapter In question is a codification with modifications deemed to be called for by Indian conditions and procedure of the then existing Rules and Practice of the English...... 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 ..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
9514931595229126948951989309508943811809238953992249237923392349236923286229254