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

....umar Chatterjee Vs. Mahadeb Chakraborty & ors., 52 C.W.N. 685; Mahalaxmi Devi Vs. Bamacharan, A.I.R. 1953 Calcutta 42. Lawyers Involved: Latifur Rahman—For the Appellnt. Syed Mohammad Ali—For Respondents 1 & 2. Appeal from Appellate Decree No. 920 of 1965 ......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. ...... ....... But order under 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. Mah..

Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1

Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)

....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ...... Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ...... (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Sultan Hossain Khan J Commissioner of Income Tax, Chittagong Zone…………Appellants Vs. M/S. Pakistan Tubewell Company……………..Respondent Judgmen......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ..

Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3

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

....t: The reference is in the negative. Cases Referred to- Fazlul Karim Vs. Abdus Subhan. (1974) 26 DLR 291; Mr. Ishaque Chowdhury Vs. Noor Mohal Begum, (1961) 13 DLR (SC) 138; Kush Mohammad Sircar Vs. Nazir Ahmed, 9 CWN 1065; 42 G.W.N., 351; A.I.R. 1958 (Punjab), 47; A.I.R. 1962 (......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 ..

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)

....function of "proviso" and to defeat the purpose of law is not the role of construction. The proposition finds support from the views expressed in the fall Beach decision in the case of Kush Mohammad Sircar Vs. Nazir Ahmed (9 CWN, 1065) wherein the law has been finally settled on the point ......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. ..

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

Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)

....r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ...... Haque—For the Respondents. Appeal from Appellate Decree No. 451 of 1965. Judgment M. H. Rahman J.- This appeal, by defendant No. 1, is directed against the decision of Mr. Anwar Hossain, Additional District Judge, 3rd Court, Bakerganj, in Title Appeal No. 297 of 1963 allowing t......9. ......r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ..

Category: Property Law | Date: 22 Mar, 1978 | Hits: 2

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

....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. ...... dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......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. ..

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

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. ......t: Shahabuddin Ahmed J M. H. Rahman J Meheruddin………………………………………Petitioner Vs. Govt. of Bangladesh and others…………Respondents Judgment ...... 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 L.A. Case No.11 of 1969-70 cancel..

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

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. ......ules are made absolute. Cases Referred to- 26 DLR (SC) 33; 27 DLR 158. Lawyers Involved: Dr. M. Zahir, M. Hasan—For Petitioners (In all the petitions) Khondker Mahbubul Hossain, Md. Shahe Alam—For Respondents (In all the petitions) Writ Petition Nos. 669-672......preme Court High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Project in charge, Paruma (Eastern) Ltd...... Petitioner Vs. Mr. Aminur Rahman Khan and another………………..Respond......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)

....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 ......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. ......15) 1 Chan. Div. 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 In..

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

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

.... 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 ......tor-General Pak. Tel and Tel. Dept. PLD 1967 Kar. 22. Lawyers Involved: S. R. Pal-For the Petitioner. Mustafa Kamal, Rezzaque Rahman—For Respondent No.1. Syed J.R. Mudassir Hossain, A.A.G.—For Respondent Nos. 2-4. Writ Petition No. 98 of 1977. Judgment ......ial Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Mahboob Morshed………………………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. ...... 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 petition made in super session of t..

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. ......ctory Employees Union, Ghorasal Palash, Dacca and others....Respondents Judgment February 7, 1978. Result: The rule is made absolute. Lawyers Involved: Asrarul Hossain, Khaliur Rahman—For the Petitioner. A. R. Yusuf, Abu Sufian Chowdhury Mahbubul Ho...... (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J General Manager, Urea Fertilizer Factory, Ghorashal, Palash, Dacca.........Petitioner Vs. Urea Fertilizer Factory Employees Union, Ghorasal Palash, Dacca and others....Res......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. ..

Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1

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. ......me Court High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Fazlul Huq Chowdhury.............................Petitioner Vs. Govt. of Bangladesh...............................Respondents Judgment February ......p;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 signature of respondent 3, Joint Secretary, Establishment Division, compulsorily retiring the petitioner, a Circle Officer (Revenue) ..

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. ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: S. Ahmed J M.H. Rahman J Fazlul Huq Chowdhury................................Petitioner Vs. Govt. of Bangladesh..................................Respondents Judgment Februar......p;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 signature of respondent 3, Joint Secretary, Establishment Division, compulsorily retiring the petitioner, a Circle Officer (Revenue) ..

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

Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)

....egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......hellip;………..Respondents Judgment January 27, 1978. Result: Rules are made absolute. Case Referred to- 29 DLR 393 Lawyers Involved: Asrarul Hossain, Khalilur Rahman—For the petitioner (In all the petition). Mozanmmel Hoque, Farma...... High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M.H. Rahman J Manager, Azizuddin Industries Ltd.………..Petitioner Vs. Abdus Satter and another………………..Respondents Judg......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ..

Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1

A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)

....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. ...... Vs. Har Chandra Chowdkury and another I.L.R. Cal. Vol. XXV, page 440; Raj Bansi Bhagat and another Vs. Emperor A.I.R. 1929; Tarini Yadab and another Vs. The State A.I.R. 1962 Patna page 431; Wilayat Hossain Vs. The State 20 D.L.R. (W.P.) page 4; Golam Kader Vs. The State 22 D.L.R. (W. P.) 268. ...... 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. ..

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

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

....lip;…Petitioner Vs. The State and others.....................Respondents Judgment December 9, 1977. Result: the Rule is made absolute. Lawyers Involved: Mohammad Habib Ahmed—For the petitioner. Rafiqur Rahman—For opposite party. ......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. ...... 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. ..

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

Md. Abdur Rasheed Vs.

....tiff is still in service. In the result, the appeal is allowed with costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 231. ......ple will be read into the relevant law unless its application is excluded by express words", Mr. Bhuiya has also referred to the ease of Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury (1977) 29 DLR (SC) 41 where it was observed that "Precedent hearing or compli......upreme Court High Court Division (Civil Appellant Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Abdur Rasheed..............................Appellant Vs. Govt. of Bangladesh.............................Respondent Judgment December 2, 1......tiff is still in service. In the result, the appeal is allowed with costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 231. ..

Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2

Benoy Bhusan Bardhan and others Vs. Sub-Divisional Officer, Brahmanbaria and another, 1977, 6 CLC (AD)

....e concerned, were without lawful authority. In the result the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 149. ...... Lawyers Involved: B. N. Chowdhhury, Advocate with S.C. Das Advocate, instructed by A Rab-II, Advocate-on- Record-For the Appellants. Anwarul Huq Chowdhury, Advocate, instructed by B. Hossain, Advocate-on Record-For Respondent No. 2. Ex parte—Respondent No.1. B.B. Roy Chow......J Fazle Munim J Benoy Bhusan Bardhan being dead, his heirs, Pronoy Bhusan Bardhan and others………………………….Appellants Vs. The Sub-Divisional Officer, Brahmanbaria and another...............Respondents Ju......Judgment November 29, 1977. Result: The appeal is allowed. Cases Referred to- Province of East Pakistan Vs. Syed Hatem Ali and others (1968) 20 DLR (SC) 129; Sufia Khatun Vs. Secretary, Revenue Department, Government of East Pakistan and others, (1968) 20 DLR (SC) 18; Mumtaz..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)

....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ......li Sarkar, 17 D.L.R. (Dacca) 365; Ram Chandra Lal and others Vs. Mst. Domini Kaur and others, A.I R. 1961 (S.C) 1747; Asmat Ali Sharif Vs. Mujahar Ali Sarder ,52 C.W.N. 64; Noab Miah Bhuiya Vs. Golam Hossain, 13 D.L.R. 889; Ajimuddin Pramanik & ors. Vs. Najemudddin Mondal & ors, reported in ......al Jurisdiction) Present: Siddique Ahmed Chowdhury J Aftab Mia…………………………….................Petitioner Vs. Wahab Ali and others……………..................Opposite parties ......rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ..

Category: Property Law | Date: 25 Nov, 1977 | Hits: 2

Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)

....L.D. 1960 (Dacca) 130; Afzal Hossain Talukdar Vs. Ainuddin Sarkar and others (1963) 15 DLR (Dac) 257 ; P.L.D. 1964 (Dacca) 155; Birendra Nath Biswas Vs. Monorama Devi and others, A.I.R. 1948 Cal. 77; Mohammad Ali Vs. Dr. M. Abdul Gaffur and others in Civil Revision Case No. 652/6; Din Muhammad Vs. A......ase is also Reported in: 31 DLR (HCD) (1979) 407 ......urt Division (Civil Revisional Jurisdiction) Present: Siddique Ahmed Chowdhury J Ibrahim Hossain and Delwara Begum……………….Petitioners Vs. Md. Khorshed Ali and others…………….....................Opp...... 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 ..

Category: Property Law | Date: 17 Nov, 1977 | Hits: 2

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