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

....oversy between the parties” 4. There is no doubt that the power given to the Court under the Code is both wide and discretionary but it must be exercised judicially on consideration of the special circumstances of each case. A perusal of the original plaint and the proposed amendment '...... 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.   ..

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)

....nt that the language in section 144(2) has been differently stated does not advance the argument because section 144 is larger and more general section than section 145. Where the special condition of section 145 is fulfilled, section 144 yields to section&nbs......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     ..

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)

....nt that the language in section 144(2) has been differently stated does not advance the argument because section 144 is larger and more general section than section 145. Where the special condition of section 145 is fulfilled, section 144 yields to section&nbs......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.     ..

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

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

....ven in section 3, clause (17) of the Bengal Tenancy Act, as it stood before the amendment of 1929, we find that a tenant means a person who holds land under another person, and is., or but for a special contract would be liable to pay rent for that land to that person, and in clause (13) of the...... seems that the Legislature has laboured in vain or worse avoided its responsibility and really thrown the burden upon the Court to resolve this question, for the net result appears, in substance, to leave the question where it was, apart from shifting the burden of proof on the tenant. To this exte..

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

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

....(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 Division) Judgment Rahul Islam J.- These two appeals by special leave arise out of the same judg­ment and order of the High Court Division, involving si......al from the judgment and order dated December 5, 1977 passed in Writ Pe­tition Nos. 395 and 396 of 1977 by the High Court Division) Judgment Rahul Islam J.- These two appeals by special leave arise out of the same judg­ment and order of the High Court Division, involving similar qu..

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

A.Z. Rafique Ahmed Vs. Bangladesh Council of Scien¬tific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others, 1978, 7 CLC (HCD)

....#39;s case. So we find that on merit also there is hardly anything to interfere with the impugned order. In the result, the rule is discharged, without, however, any order as to costs. The prayer for special leave to appeal is made but is refused. M.H. Rahman J.-I agree. Ed. This Case......se. So we find that on merit also there is hardly anything to interfere with the impugned order. In the result, the rule is discharged, without, however, any order as to costs. The prayer for special leave to appeal is made but is refused. M.H. Rahman J.-I agree. Ed. This Case is also..

Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5

Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)

....s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426.   ......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426.   ..

Category: Property Law | Date: 24 Feb, 1978 | Hits: 2

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

....of buildings, roads, dams, bridges and similar structures and the manufacture of goods. (ii) Component parts, including spare parts of machinery as defined in item (i) which have been given some special shape size and quality essential for their being used as such. (iii) Apparatus and appl......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.   ..

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

Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)

....he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140   ......he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140   ..

Category: Election Law | Date: 17 Feb, 1978 | Hits: 7

Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)

....s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124.   ......s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124.   ..

Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3

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

....rs action in this case their grievances would never reach the Court. 3. An individual member can sue if the matter is one which could be validly done or sanctioned by simple majority but only by special majority otherwise the Company concerned in breach of the articles do by ordinary resolution......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. ......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. ..

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

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

....also published in the Daily Azad. When the petitioner brought the matter to the notice of the Customs at Dacca Airport, the Asstt. Collector, Customs by his order dated 10.2.73 directed him to obtain special orders from the Chief Controller of Import and Export, Dacca for the release of the goods. L...... 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. ..

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

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

.... 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   ......e Respondents. Second Appeal No. 359 of 1973 Judgment Abdur Rahman Chowdhury J.- These two applications, one for review of the order dated 14-11-77 passed by this court and another for leave to appeal under Clause 15 of the Letters Patent, have been filed in respect of the order passe..

Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1

Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)

.... of his resignation up to the date of resumption of duty would be regularised as per existing rules. The petitioner resumed his duties as Deputy Chief Engineer on November, 30, 1972. He was allowed a special pay at the rate of 10% of the grade pay as officiating allowance. The period between 19-2-72......uties as Deputy Chief Engineer on November, 30, 1972. He was allowed a special pay at the rate of 10% of the grade pay as officiating allowance. The period between 19-2-72 to 29-11 -72 was treated as leave with pay by the order dated January 1, 1973 of the Chief Personnel Officer, Bangladesh Railway..

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

General Manager, Urea Fertilizer Fac¬tory, Ghorashal, Palash, Dacca Vs. Urea Fertilizer Fac¬tory Employees Uni¬on, Ghorasal Palash, Dacca and others, 1978, 7 CLC (HCD)

....f both the courts below are 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) 306.   ......s on transfer but respondent No. 2 did not join although he was released from the Gherasal Factory by an order of release dated 28.3.75. Instead he filed an application to the Corporation praying for leave on the ground of his illness. The application was allowed and he was granted leave till 21.5.7..

Category: Labour and Industrial Law | Date: 7 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.     ..

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 ..

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.   ..

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.   ..

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