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Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
....sh;For the Respondent. Writ Petition No. 60 of 1977. Judgment M.H. Rahman J.-In this application under Article 102 of the Constitution the petitioner has challenged an order, dated 17.2.75 of the Collector of Customs and Excise, Dacca in Appeal No. 4 of 1975 confiscating the......from his custody. He reported the incident of loss of documents to the Kotwali Police Station, Dacca and the matter was 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 dir......id import license 1008 Lbs. of Nylon yarns in 15 cartons from Hongkong by International A.W.B. dated 16.1.73. He received the shipment document. While he was procuring other relevant papers necessary for the release of the imported goods the documents he had received from the sender's end were l..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....ash;For Respondent Nos. 2-4. Writ Petition No. 98 of 1977. Judgment M. H. Rahman J.–This Rule was issued calling upon the respondents to show cause why the Order No. 202-E/299(O) dated July, 29, 1976 of the Secretary, Bangladesh Railway Board (Annexure 'K' to the petitio...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ......ervice as an engineer in the war-torn country, and later, on October 18, 1972, in another representation he explained his conduct in submitting his resignation and apologized and expressed his regret for his behavior for which the Railway might have taken any exception. The Government after consider..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... Respondents. Writ Petition No. 548 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communicated under the sign......ncluded under the Government Servants (Discipline and Appeal) Rules, 1976 which repealed the former during the pendency of the proceedings. Being aggrieved by the impugned order the petitioner sent a notice demanding justice from respondent No.1 but did not get any reply whereupon he moved this-Cour...... Govt. of Bangladesh...............................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; A.I.R. 1967, SC-1264; (P.L.D. 1958, S...Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... Respondents. Writ Petition No. 548 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communicated under the sign......ncluded under the Government Servants (Discipline and Appeal) Rules, 1976 which repealed the former during the pendency of the proceedings. Being aggrieved by the impugned order the petitioner sent a notice demanding justice from respondent No. 1 but did not get any reply whereupon he moved this-Cou...... Govt. of Bangladesh..................................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; Golam Sarkar Vs. Pakistan PLD 1962, S...Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
....ls or goods delivered to be so carried unless his claim to the refund or on compensation has been preferred in writing by him or on his behalf to the railway administration within six months from the date of the delivery of the animals or goods for carriage by railway.” 14. The word "......tration was responsible for the loss caused by non delivery of the goods. Each of the plaintiff filed claim petition to the Chief Traffic Manager of the Railway on 13-11-57 and later sent on 6-2-38 a notice under section 77 of the Railways Act (Act IX of 1890), hereinafter referred to as t......two appeals have been heard together and will be governed by this judgment. 2. The plaintiff appellant in F.A. 90 of 1962, Shafiuddin Khan, filed Money Salt Bo. 8 of 1958 claiming Rs. 17,004-8-0 for non-delivery of two consignments of cardamom sent on 17-4-57 and 18-4-37 by the East Bengal Rail..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....ecords of the case were not however called for. The rule is not opposed and no one has appeared for the opposite party although the notice appears to have been duly served vide order of the Registrar dated 8.12.77. 3. Facts leading to this rule, in brief, are that the petitioner who is an Assoc......ed Advocate for the petitioner and perused the impugned order. The records of the case were not however called for. The rule is not opposed and no one has appeared for the opposite party although the notice appears to have been duly served vide order of the Registrar dated 8.12.77. 3. Facts lea...... Dr. Quamarunnahar Ahmed.............................Opposite party Judgment January 20, 1978. Result: The rule is disposed of. Lawyers Involved: Nizamuddin Haider—for the petitioner. Civil Revision No.1263 of 1977. Judgment A.R. Chowdhury J.&..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....Mashihuzzaman-For the Respondents. First appeal No. 44 of 1962. Judgment Shahabuddin Ahmed J.- This appeal is directed against a decree of the Subordinate Judge, Second Court, Faridpur dated 31.3.61 passed la T.S. No. 10 of 1969 declaring the plaintiffs title to the suit land. Hence t......and and some of them have got their homestead therein On 13.7.59 they came to learn that the touzi was sold to one Kali Krishna Chakraborty in auction for arrears of government revenue on 22.6 55. No notice of the sale had been served upon them but a notice was found to have been issued to one dead ......1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the plaintiffs as set out in their plaint is that plaintiffs Nos. 8-18 along with proforma defendants Nos. 2-5 were proprietors of revenue paying estate comprised in touzi No. 7414 of F..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... Mashihuzzaman-For the Respondents. First appeal No. 44 of 1962. Judgment Shahabuddin Ahmed J.-This appeal is directed against a decree of the Subordinate Judge, Second Court, Faridpur dated 31.3.61 passed in T.S. No. 10 of 1969 declaring the plaintiffs title to the suit land. Hence t......and and some of them have got their homestead therein On 13.7.59 they came to learn that the touzi was sold to one Kali Krishna Chakraborty in auction for arrears of government revenue on 22.6 55. No notice of the sale had been served upon them but a notice was found to have been issued to one dead ...... 1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the plaintiffs as set out in their plaint is that plaintiffs Nos.8-18 along with proforma defendants Nos. 2-5 were proprietors of revenue paying estate comprised in touzi No. 7414 of F..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....y was signed between defendant No. 5 and defendant No.6 on 25.7.77. On 13.8.77 by a letter addressed to defendant No. 5, defendant No. 6 transferred its rights and liabilities under the charter party dated 25.7.11 to defendant No.7 and the ultimate consignee in Bangladesh was the plaintiff. The ship......rver Vol. 1, 12th Edition, 1971 para 67).” The bill of lading often contains the clause, 'all other conditions as per charter'. Such a clause does not, to my mind, give the shipper notice of the whole contents of the charter party so as to make him liable to perform them. Everybod......buddin Ahmed with K. Z. Alam and Shah Abu Nayeem -For defendants Nos. 1, 2 and 3- Petitioners. Syed Ishtiaq Ahmed with Rafiq-ul-Huq, and FazlulHaque-For the Plaintiff. M. Fazlul Karim—for Chittagong Port Authority. Admiralty Suit No. 2 of 1977. In the matter of An applicati..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....ddin Ahmed with Md. Shafiqur Rahman—For Opposite Party Nos.1 and 2. Civil Rule No. 620 of 1977. Judgment Civil Revifional Jurisdiction. - This rule is directed against the orders dated 25-4-77 and 7-5, 77 of the District Delegate in Misc. Case No.656/75. The Opposite Parties 1 a......es 1 and 2 filed an application for revocation of the probate granted by the District Delegate in Misc. Case No. 120 of 1969 on 15-4-72 his petition was filed before the, District Delegate who issued notice on the Opposite Parties and proceeded with the same. Thereafter, on an application for examin......Civil Revifional Jurisdiction. - This rule is directed against the orders dated 25-4-77 and 7-5, 77 of the District Delegate in Misc. Case No.656/75. The Opposite Parties 1 and 2 filed an application for revocation of the probate granted by the District Delegate in Misc. Case No. 120 of 1969 on 15-4..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....anara—For Petitioners. Kazi Abdul Wahab—For State. Criminal Revision Case No. 368 of 1975. Judgment Faizul Islam Chowdhury J.- This Rule is directed against the order dated 25.2.75 passed by Mr.A.B. Sorkar, Additional Sessions Judge end Ex-officio Special Judge, Fari......e case of Tarini Yadab and another Vs. The State A.I.R. 1962 Patna page 431. In that case it has been held that there is nothing in Subsection (1) of Section 514 which requires the Court to give notice to the executants of the bond for appearance of an accused person to show cause against forfe......alSessionsJudge and Ex-officio Special Judge granted bail to the petitioner No.3 or a bail bond of Rs. 2,000/-supported by two surety bonds one from local surety and another from a lawyer surety each for a sum of Rs. 2000/- each for a sum of Rs. 2,000/-. The allegations against the petitioner No.3 i..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)
....r the petitioner. Rafiqur Rahman—For opposite party. Criminal Revision No. 702 of 1975. Judgment A. S. Faizul Islam Chowdhury J.-This rule is directed against the order dated 3-7-75 passed by the Sub-Divisional Magistrate, Sadar, Sylhet in Misc. case No. 118 of 1975. ......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. ......f Sub-Divisional Magistrate, Sadar, Sylhet stating that he was in possession of the land described in the petition and he grow paddy therein, but the O.P. Nos. 2 and 3 were preparing to reap paddy by force. Misc case No. 118 of 1975 arose out of the petition. The Sub- Divisional Magistrate referred ..Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1
....ment
M. H. Rahman J.—This is a second appeal. The appellant, Md. Abdur Rasheed, filed Title Suit No. 36 in the Court of Subordinate Judge, 1st Court, Dacca for a declaration that the order dated 22. 2. 66 of the Deputy Director of Public Instructions, Dacca Division, Dacca (defendant No. ......laintiff; the police report, a secret document was in the custody of the Home (Political) Department and the plaintiff being appointed on a temporary basis. There was no legal requirement for serving notice to show cause before terminating his service and he was not entitled to any relief in the sui...... Appeal No. 79 of 1970.
Judgment
M. H. Rahman J.—This is a second appeal. The appellant, Md. Abdur Rasheed, filed Title Suit No. 36 in the Court of Subordinate Judge, 1st Court, Dacca for a declaration that the order dated 22. 2. 66 of the Deputy Director of Public Instructions, Dacc..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....pondent No.1. B.B. Roy Chowdhury, Asstt. Attorney-General instructed by B. Hossain Advocate-on-Record-For the Added Respondent No.3.
Civil Appeal No.6 of 1976.
(From the Judgment and Order dated 1-2-1969 passed by the Dacca High Court in Writ Petition No.440 of 1967.)
Judgment
D......tan two orders of the Sub-Divisional Officer Brahmanbaria, relating to lease of certain lands said to be enemy properties.
2. The Sub,-Divisional Officer, Bhahmanbaria. Respondent No.1, served a notice upon the appellant on 11-11-76, stating therein that the appellant was in unauthorised occupa......perties, which stood in the name of one Paresh Chandra Bardhan, on the basis of valid documents, that certain other lands standing in the name of Chittotosh Bardhan were debutter properties dedicated for the worship of the ancestral family deity of the appellant, who, being the eldest member of the ..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....rties No.1 and 2 Civil Revision No. 1068 of 1976. Judgment Siddique Ahmed Chowdhury J.- This Rule at the instance of the purchaser Aftab Miah is directed against the judgment and order dated 29th November, 1975 passed by the learned Subordinate Judge, 2nd Court, Sylhet in Misc. Appeal......0 3.73 under section 96 of the State Acquisition and Tenancy Act in" the Court of Munsif, 2nd Court Sadar Sylhet claiming themselves to be co-sharers tenants of the holdings, having no notice of the sale. Their further case is that the purchaser is an stranger and the case land was tr......further case is that the purchaser is an stranger and the case land was transferred secretly and without any knowledge of the co-sharer pre emptors. The case land is vitally and essentially necessary for their use and occupation and they being co-sharer tenants by inheritance are legally entitled to..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... at the instance of purchaser Mst. Delwara Begum, wife of Md. Ibrahim Hossain were issued calling upon the opposite party No. 1 pre-emptor Md. Khorshed Ali to show cause, why the judgments and orders dated 6.5.76 passed by the learned Munsif 2nd Court, Mymensingh. Sadar, in the proceedings under Ord...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ......-Agricultural Tenancy Act, 1949, should not be set aside. These Rules are disposed of by this judgment. 2. One Md. Khorshed Ali as pre-emptor, on or about 20th December, 1973, filed applications for pre-emption under section 24 of the Non-Agricultural Tenancy Act 1949 against the purc..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....e Khan, Advocates—For the Petitioner. QaziShafiuddin, Ass it Advocate general—For Respondent No.1. Petition No. 222 of 1973. In the matter of: Notice being process No.3823 dated 18.5.73 issued by the Assessing Officer, Narayanganj Range, Narayanganj demanding payment of p......purported Urban Immoveable Property Taxfor the years 1957-58 to 1972-73. Judgment Ruhul Islam CJ.—This Rule Nisi was issued calling upon the respondents to show cause why the impugned notice of demand (Annexure 'A') Process No. 3823 dated the 18th May, 1973 in Cases Nos. 280/......of 1973. In the matter of: Notice being process No.3823 dated 18.5.73 issued by the Assessing Officer, Narayanganj Range, Narayanganj demanding payment of purported Urban Immoveable Property Taxfor the years 1957-58 to 1972-73. Judgment Ruhul Islam CJ.—This Rule Nisi was issued..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....ge service and the maintenance of any lift, which such landlord is bound to maintain in the premises under the condition of the tenancy or according to local usage. (2) If within thirty days from the date of the service of such notice the landlord fails or neglects to make such repairs or to take su......onditions laid down in those rules exist…… (10-12) Deduction of the amount payable by the tenant to recover from the landlord— In case of urgency, the tenant may serve a notice in the prescribed form under section 21(4) of the Ordinance requiring the landlord ......evision No. 345 of 1975 is discharged Other is disposed of. Order 41 rule 23, 24 & 25 of the Code of Civil Procedure, 1908 Evidence on record is sufficient— No need for Remand Where the evidence on record is sufficient the appellate Court is competent to deter..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
....h A, K. Maintil Huq—For the Rcfpondtni No. 1. Appeal from Original Order Nos. 217 & 218 of 1977. Judgment M. H. Rahman J.—These two appeals have arisen out of the order dated 20.4.77 passed by Mr. Anisul Haque Choudhury, Additional District Judge, Special Court No. 2, ......und that the visual and phonetical dissimilarities between the plaintiff's 'Horse Brand' and the defendant's 'Chand Ghora' were so obvious that any ordinary man would find and notice the striking differences; the plaintiff's trade mark is know as 'Horse Brand' whi......have arisen out of the order dated 20.4.77 passed by Mr. Anisul Haque Choudhury, Additional District Judge, Special Court No. 2, Dacca in Title Suit No. 4 of 1977 rejecting the plaintiff's prayer for temporary injunction and the plaint. They have been heard together and this judgment will dispos..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
.....C. Das, Advocate, instructed by B.C. Panday, Advocate-on- Record—For the Appellant. Ex-parte—the Respondent. Civil Appeal No.51 of 1977. (From the Judgment and Order dated 19-1-76 passed by the High Court Division in Civil Order No. 69 of 1976). Judgment D......a party to the appeal in which the order sought to be revised was passed and Abu Zafar, the minor, does not certainly appear to have the locus standi to move the said application. It may, however, be noticed that Saamsunnahar who acted as the guardian of the said minor Abu Zafar was herself a party ......e respondent, without issuing a Rule upon the appellant, who was the sole opposite party in the said application, and setting aside an order of dismissal of an appeal preferred by the respondent for his failure to put in a sum of Tk. 500/- within the time directed by the appellate Court. ..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
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