Search Options
Judgment Advanced Search
Displaying 1361-1380 of 5867 results.
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... of the complaint, the learned Sub-Divisional Magistrate examined the complainant on oath and issued warrant of arrest against the petitioners under section 406 of the Penal Code fixing the date on 7-12-77. The petitioners appeared before the learned Sub-Divisional Magistrate on 16-11-77 a...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......ent A.T.M. Masud J. –This Rule was Issued calling upon the Deputy Commissioner, Chittagong and opposite party No. 1 to show cause why the proceeding in C.R. Case No. 2139 of 1977 pending before the Sub-Divisional Magistrate, Sadar (North) Chittagong should not be quashed. 2. Opposite..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....f the Constitution calls in question three orders of the Government of Bangladesh Respondent No. 1, communicated by the Secretary, Establishment Division, Respondent No. 2. These orders are the order dated 11-3-76 reverting the petitioner from his post of Chairman, Bangladesh Tariff Commission to th......ld that post till 11-3-76 when by the first impugned order dated 11-3-76 he was reverted to the post of Deputy Secretary. This order of reversion, he alleges, is an order reducing him in rank without notice and as such it is void being hit by Article 135 of the Constitution. Two days there......as posted as Deputy Secretary, Pakistan Tariff Commission. He received training in the Pakistan Administrative Staff College in 1970 and when his promotion as Joint Secretary was due he was sent to Oxford by the Government with a British Scholarship for a post-graduate diploma in Economic Developmen..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....r Opposite Parties. Criminal Revision No. 786 of 1974. Order M.A. Khaliq J. – This rule arises out of an application filed by the 1st party petitioner for setting aside the order dated 11-2-74 and 11-3-74 passed by Mr. K.A. Khan, Magistrate, 1st Class Bhola in M.R. Case No. 120 ......e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ...... DLR (SC) 246; Moslem Fakir and others Vs. Ainuddin Talukdar and others (1965) 17 DLR 705. Lawyers Involved: Syed Azizul Huq, Syed Moinul Huq-For the Petitioner Fakhrul Islam for Shah Md. Sharif-For Opposite Parties. Criminal Revision No. 786 of 1974. Order ..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
....y by the heirs of mortgagee could not be held to be for the benefit of the mortgagor. 4. The lower appellate court affirmed the decree of the trial court. It considered that the sale certificate dated 15-12-25, Ext. B, showed that the holding relating to the suit land was in arrear for rent for...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ...... property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent for which the land was sold out in the execution of a rent decree and the right of redemption of the..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....- For the Appellants. Syed Ishtiaq Ahmed, Senior Advocate instructed by A. Backkar, Advocate-on-Record - For the Respondent. Civil Appeal No. 52 of 1978 From the Judgment and Order dated 27-5-1977, passed by the High Court in Writ Petition No. 141 of 1976. Judgment KM S......tion of his property was allegedly passed on the ground of acquisition of the property by corrupt means. 3. It was urged in the petition that the respondent was suspended without any show cause notice and after about a year, he was served with a notice issued by the First Screening Board along......d asserting that the value of the property was correctly shown in the relevant sale deeds. The respondent submitted also a statement of his income salary and other sources to show that the price paid for the property was legally earned by him. 4. The said Screening Board rejected his explanati..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....ddressed to the Associate Professor of Medical Jurisprudence, Dacca Medical College, there is no endorsement anywhere in the report to show that it ever reached him or was shown to him. The report is dated 23-8-68 and the earliest endorsement is dated 10-10 68 by the Sub-Divisional Magistrate. The r......e omission to prove the necessary link may break the whole chain and thus deprive the prosecution of the opportunity of proving a valuable circumstantial evidences. 6. In the instant case I have noticed certain very significant or rather disquieting features. In the case of poisoning the onus c......bdur Rahman Chowdhury. - This appeal arises out of an order of conviction under Section 302 read with Section 34 of the Penal Code sentencing both the appellants to transportation for life. While concurring with the main judgment just delivered by my learned brother Afzal, J..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)
.... Writ Petition Nos. 444 and 447 of 1978. Judgment Shahabuddin Ahmed J.- These two applications under Article 102 of the Constitution of Bangladesh call in question a Notification dated the 21st April, 1978 of the Chief Election Commissioner respondent No. 1 declaring that an ele...... election process taken there under are violative of Articles 51, 110 and 123 of the Constitution and as such are void. Mr. K. A. Bakr, the learned Attorney General on wham a notice of the applications was served has appeared Jo oppose the applications. The learned Attorney ...... of Bangladesh under the Presidential Election Ordinance, 1978, briefly the Ordinance. The petitioners are 'voters' having their names registered as "electors" in the electoral Roll for the President's Election, and their prayer is that the said Notification should be declared ..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)
....usband Erpon Ali and killed him by gun shot. 3. The learned Sub-divisional Magistrate taking cognizance forwarded the petition to the Q.C. Bajitput P.S. whereupon Bajitpur P.S. Case No 203(3)/76 dated 9-3-76 was started against 7 accused persons under sections 148/149/448/302/364 B.P.......of whatever nature, made to any Court, including a High Court, in respect of any case transferred to a Military Court and all proceedings connected with such applications shall-abate. It will be noticed that in Regulation 3 of 1969 care was taken to define the jurisdiction and what type of case......t Badrul Haider Chowdhury J.-. This is directed against an order of conviction passed in Martial Law Case No. 6 of 1977 by Special Martial Law Court No. II, Dacca sentencing the accused to death for declaring the same to have been passed without any lawful authority and is of no legal effect an..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....id report and other material evidence on record, and (d) where the report referred to in clause (b) is not submitted, or where objection referred to in clause (c) is filed, the Court shall fix a date for hearing and on that date after bearing the parties and taking into consideration the report......ission complained of was made. (4) The Court shall, for the purpose of disposal of application filed under subsection (1), follow the following procedure, namely:- (a) the Court shall cause notice to be served on the persons named in the application in the manner as provided in the Code of......es 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 parties in each of the proceedings. 2. One Rahul Amin Sardar filed an applicati..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....eal from Appellate Decree No. 920 of 1965 Judgment Abdul Wadud Chowdhury J. - This second appeal is directed against the judgment and decree passed by the learned Subordinate Judge, Jessore dated 25.7.1964 in Title Appeal No. 63 of 1964 affirming those passed by the learned, Munsif, 2nd Co......ped-planer, the Court shall direct payment of deficit Court fees within a specified time and in case of default shall make an order for rejection of the plaint. As such this is the stage prior to any notice or summons of the suit or appeal being given to the defendant or respondent. As such the stag......ppeal lies from that order. Dismissal under section 8B (3) of the Court Fees Act cannot be a rejection of the plaint but is a dismissal of the suit. Rejection of the plaint is provided for in section 6(2) of the Court Fees Act and that is at a time before the service of summ..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
....that the suit was fixed for ex parte disposal on 30-12-74 and the opposite parties No. 6-11 filed an application on 24-12-74 for being added as defendants in the suit. The learned Munsif by his order dated 1-1-75 allowed the application and directed addition of opposite parties No. 6 to 11 (hereinaf......nd the lessee shall not in any case acquire any right of occupancy in such property nor shall he be entitled to holdover after expiry of the lease and the lessee shall be liable to be evicted without notice from such property after expiry of the lease. The lease granted to the opposite parties is ac...... be added as defendants in this suit.
I have heard the learned Advocates and perused the impugned order, the petition and the counter affidavit on record. The records of the case were not called for.
2. Short facts leading to this rule are that the plaintiff petitioner instituted a suit fo..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....rties and their lawyers visited the area and found tension in the area and he considered that the property Should be attached and accordingly asked the parties to argue the matter on 25-5-56. On that date (25 5-56) the Magistrate passed after hearing the argument the order of attachment without draw......sp;145 Cr.P.C. can attach the disputed property after drawing up formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” 2. The learned Single Judge noticed two decisions of this court, namely, the case of Fazlul Karim Vs. Abdus Subhan. (1974) 26 DL......tion as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing up formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” ..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)
....rties and their lawyers visited the area and found tension in the area and he considered that the property should be attached and accordingly asked the parties to argue the matter on 25-5-56. On that date (25 5-56) the Magistrate passed after hearing the argument the order of attachment without draw...... 145 Cr.P.C. can attach the disputed property after drawing op formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” The learned Single Judge noticed two decisions of this court, namely, the case of Fazlul Karim Vs. Abdus Subhan. (1974) 26 DL......tion as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing op formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....resumption that attaches to a record of right under section 103-B of the Bengal Tenancy Act is only this that the entry in the record of right represents the correct state of affairs on the date that it was prepared. 'Whether that state of affairs is continued even afterwards is not a ......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. ......the decision of the Subordinate Judge, Bogra, in Title Appeal No.36 of 1963 reversing that of the Munsif, 3rd Court, Bogra in Title Suit No.183 of 1961. 2. The plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the suit land by evicting the defendants..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....and not a mortgage the suit for redemption was not maintainable. It was further contended by them that plaintiff No.1 failed to give possession and the defendants neither possessed the land, from the date of meadi patta nor did they enjoy any usufructs. Plaintiff No. 1 claimed to have got the suit l......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......gment of the learned Munsif, 1st Court, Madaripur, in Title Suit No. 244 of 1962. 2. The plaintiff's case, in brief is that plaintiff No. 1 was in need of money and approached the defendants for a loan of Rs.100/- but he was refused. Thereafter it was agreed that plaintiff No. 1 would execu..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....both the appeals). B. Hossain, Advocate-on-Record - For Respondent No.3 (In Civil Appeal 62 of 1978). Civil Appeal Nos. 62 & 78 of 1978. (On appeal from the judgment and order dated December 5, 1977 passed in Writ Petition Nos. 395 and 396 of 1977 by the High Court Divis......e Staff Regulations of the Bangladesh Bank was applicable to the appellants and as such the impugned orders were legal and valid; and as there was no blame or stigma in the said orders, no show cause notice was necessary. 5. Decision on the question raised in the appeals mainly depends on prope...... Bank, Dacca Office. 4. Both the appellants filed appeals against the respective order of termination but the same were dismissed on May 3, 1975. The appellant Abdul Hannan Sikdar filed a case before the Labour Court challenging legality of the order of termination but the same was dismissed on..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
....M. Haque—For the Respondent
Writ Petition No. 630 of 1977
Judgment
Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question an order dated 22-8-77 (Annexure-G) of respondent No. 3, Director, Bangladesh Council of Scientific & Ind......ior Technician and by dint of merit and efficient discharge of duties he was promoted to the post of Technician on 10.9.65. He was again promoted as Senior Technician on 10.9.68. He was served with a notice dated 12.10.76 in which it was alleged that he had entered the office of the Superintendent, ......lthough he had been charged with some minor offence punishable by censure, stoppage of increments etc. He submitted a representation to the respondents demanding justice. Thereupon, the respondents informed him that he was in fact dismissed in connection with a different proceeding drawn on a charge..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....neral—For the Respondents. Writ Petition No. 865 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question an order dated 10.9.77 of Respondent No.1 Secretary, Ministry of Land Reforms Govt. of Bangladesh, passed in ......1.75. The Deputy Commissioner, by a subsequent order dated 17.3.75 derequisitioned the land and restored its possession to the petitioner. But Respondent No.5, Land Acquisition Officer, Barisal, by a notice dated 24.9.77 (Annexure C) informed the petitioner that the government had cancelled the orde......4, 1978. Result: The rule is made absolute. Derequisition of a Requisitioned land Once a land is de-requisitioned and its possession is restored to the owner there is no provision for retaking it thereafter. The proceeding as to requisition comes to an end with release of the pro..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
....bsp;29 of the Sales Tax Act being not applicable to the case notice was wrongly issued. It was further argued that the imported article was exempt from Sales Tax under the Sales Tax Notification dated 5.12.1962.
3. The Income Tax Appellate Tribunal by its order dated 3.7.72 allowed the app......drant Sprinkler Plant on 19.2.63 in the accounting year 1962-63. No Sales Tax was charged on this plant by the customs, authorities at the time of its import. Accordingly the Sales Tax Officer issued notice under section 29 of the Sales Tax Act for charging sales tax on the said imported H......mdash;This application by the Commissioner of Sales Tax, Chittagong Zone, Chittagong is under section 17(1) of the Sales Tax Act as amended by Finance Order, 1972. The short facts necessary for appreciating the question of law arising out of the order of the Income Tax Appellate Tribunal a..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....hort facts necessary for the disposal of this appeal are that the plaintiff filed a suit for declaration that (1) the resolution of the Board of Directors of M/S. Alauddin and Taiwa Textile Mills Ltd dated 18-8-77 in which the defendant No. 1 was alleged to have been elected as a Managing, Director ......of time, however, misunderstanding in the family slowly cropped up and ill-feeling cropped up between the plaintiff and defendant Nos. 1 to 3 who are also directors of the Company. Defendant No. 1 by notice dated 15-8-77 called a meeting of the Board of Directors on 18-8-77 in. which one agenda, was......inate Judge 3rd Court, Dacca in Title Suit No. 209 of 1977. This order was occasioned because of an application under Order 7, rule 11 of the Code of Civil Procedure filed by the defendants for the rejection of the plaint filed by the plaintiff-appellant wherein prayers were made for three..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
91218931892989491939943792669260932493009243929992559433927069309308926594288928