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Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)

.... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ......ther Vs. John Blackwood Ltd. AC (1924) 783; Ripon Press and Sugar Mill Co. Vs Goyal Chitti & others AIR 1932 P.C I; Barron Vs. Potter and Potter Vs. Barron", Ch. Div. 1914 (1), 895; Mahmudur Rahman and other Vs. Monipur Tea Company Ltd', (1968)20 D.L.R. 133; Punjab Ali Vs. Muharram Hosa...... Abdul Matin Khan Chowdhury J Rahimuddin Ahmed………………………………..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment July 28, 1978. Result: ..

Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6

Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)

....urt High Court Division (Special Original Jurisdiction) Present: Shahabaddin Ahmed J          Abdul Matin Chowdhury J Hazi Md. lliyas……………………………&h......plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ......plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ......1. Iqbal Road, Mohammadpur, Dacca comprising plot No.1/16 of Block 'A' of Mohammadpur Housing Estate. As it appears from the record. He had completed construction of the house in January 1971 and let it out to the then Director of Training, Research Evaluation Communication Centre of the Pla..

Category: Property Law | Date: 26 Jul, 1978 | Hits: 2

Atiqur Rabman on behalf of detenu Md. Abdul Wahab Vs. Anwar Hossain Chowdhury & others, 1978, 7 CLC (HCD)

....979) 82 ......ourt to proceed with the G R Case in question according to law. No Order as to costs. A. M. Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 82 ......ourt to proceed with the G R Case in question according to law. No Order as to costs. A. M. Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 82 ......rt, Rangpur in M L.T.R. Case No. 132 of 1977 taking cognizance of an offence under section 406 of the Penal Code against this petitioner. 2. Heard the learned Advocates of both parties and perused the records, it appears that on a charge-sheet submitted  by the police a Magistrat..

Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2

Atiqur Rabman on behalf of detenu Md. Abdul Wahab Vs. Anwar Hossain Chowdhury & ors, 1978, 7 CLC (HCD)

....979) 82 ......ourt to proceed with the G R Case in question according to law. No Order as to costs. A. M. Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 82 ......ourt to proceed with the G R Case in question according to law. No Order as to costs. A. M. Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 82 ......8. Result: The Rule made absolute. A case from an ordinary criminal court could be transfered to a Martial Law Court only by the Government under Regulation 3(2) of M.LR. No. 1 of 1975 and that the Summary Military Court also illegally assumed Jurisdiction. Lawyers Involved: ..

Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3

Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)

....er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21   ......er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21   ......tablishment Division are placed at the disposal of the Ministry of Trade & Commerce for appointment as Chairman, Tariff Commission with the rank and status of Secretary to government. Sd/-M. Rahman. Secretary.   "Notification No. Admn-III/3A-45/72/4529, Dated, ......Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Anwarul Huq Khan ....................................Petitioner Vs. Govt. of Bangladesh and others..................Respondents Judgment July 19, 1978. Result: The rule..

Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1

Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)

....is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......come within the mischief of Article 9 (2)(e)  of the Local Government Ordinance and thereby disqualified to become Chairman. Lawyers Involved: Khondker Mahbubuddin Ahmed, Shafiqur Rahman-For the Petitioner Shamsul Hoque Chowdhury-For the Respondent No. 2 Writ Petition N......iginal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Keramat Ali Talukdar.....................................Petitioner Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano­ther……Respondents Judgment July 1..

Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5

Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)

....proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66.     ......proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66.     ......eipt of this petition the District Magistrate, Bakerganj asked the Sub Divisional Officer, Bhola to submit a report. The sub-Divisional Officer, Bhola got the matter enquired into through Mr. Habibur Rahman Deputy Magistrate, Bhola and Mr. Abdul Gharri Sarker, Circle Officer (Revenue). Charfasson wh......ed in: 31 DLR (HCD) (1979) 66.     ..

Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1

Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)

....e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......eipt of this petition the District Magistrate, Bakerganj asked the Sub Divisional Officer, Bhola to submit a report. The sub-Divisional Officer, Bhola got the matter enquired into through Mr. Habibur Rahman Deputy Magistrate, Bhola and Mr. Abdul Gharri Sarker, Circle Officer (Revenue). Charfasson wh......This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..

Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1

Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC

.... 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   ...... 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   ......ent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71   ...... dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged 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 f..

Category: Property Law | Date: 14 Jul, 1978 | Hits: 11

Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)

....eme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J KM Subhan J Bangladesh and others.................Appellants Vs. Md. Abu Taher..................Respondents Judgment July 12, 1978. Cases Referred ......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......e is also Reported in: 31 DLR (AD) (1979) 33. ..

Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96

R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)

....nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346.     ......nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346.     ......nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346.     ......nts Judgment July 5, 1978. Result: Both the rules are made absolute. Lawyers Involved: K.A. Bakr, Attorney-General—For the Pe­titioner. Zamiruddin Sarker and Mozammel Hoque—For the Respondents. Writ Petition Nos. 252 and 194 of 1976 Judgm..

Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3

Abdul Majid Howladar Vs. Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others, 1978, 7 CLC (HCD)

....n view of the above, the appeal is dismissed with costs. Prayer for leave under Clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 217 ......n view of the above, the appeal is dismissed with costs. Prayer for leave under Clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 217 ...... Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 217 ......man J Abdul Majid Howladar…………….Defendant-Appellant Vs. Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others………………Plaintiff-Respondents Judgment J..

Category: Property Law | Date: 14 Jun, 1978 | Hits: 2

Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)

....currence, hold inquest and send the dead body to the Dacca Medical College Hospital for post mortem examination. About three weeks after the occurrence, another information was lodged to the thana by Md. Sanwar Hossain P.W.1 in which it was, inter alia, stated that accused Monoruddin had killed the ......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282.     ...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282.     ...... just delivered by my learned brother Afzal, J in the case, I would like to add a few words of my own on some aspect of the chemical examination. 2. Facts of the case have been very ably set out and discussed by my learned brother and it is not necessary to go into those, section 510 ..

Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1

A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)

....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156         ......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156         ...... ......he Respondents. Wilt Petition No. 405 of 1978. Judgment Shahabuddin Ahmed J.- This application under Article 102 of the Constitution calls in question an order of the Returning Officer and Secretary, Election Commission (Respondent No.1) accepting the nomination papers submitted by re..

Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4

Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)

....39;s case is wholly unsustainable and cannot be treated as good law either on the principle of stare decisis or otherwise.” On this basis the Supreme Court (Pak) held that position of Agha Md. Yahya Khan was that an usurper of powers and that there was no legal validity of his Proclamatio......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ......ejected. Lawyers Involved: Dr. Aleem-Al-Razee, Ahmad Husain, Mohammdd Abdur Rouf—For the Petitioner (In Writ Petition No. 444/78.) Fakir Shahabuddin Ahmed, Shah Abu Nayim Mominur Rahman—For the Petitioner (In Writ Petition No. 447/78.) K. A. Bakr, Attorney-General, An......Election Commissioner & others.......Respondents (In Petition No. 444 of 1978) Moniruzzaman Lasker.............................Petitioner Vs. Election Commission of Bangla­desh and another.....Respondents (In Petition No.447 of 1978) Judgment May 31, 1978. Resul..

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)

....r any order made under the Proclamation or action taken or anything done under the Proclamation are liable to be challenged, Mr. Huq has argued that unlike Martial Law of 1958 which was proclaimed by Md. Ayub Khan and the Martial Law of 1969 of General Yahya Khan the Constitution was not abrogated b....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371.   ......l Law is proclaimed when normal machinery breaks down and for taking certain corrective measures which are beyond the reach of normal laws.” It was further mentioned in the case of Majibur Rahman Vs. The State, reported in (1977) 29 DLR (HD), 141 that:- “Though the jurisdiction......(SC) 237; Asma Jilani PLD 1972 (SC) 139; Abdus Shukoor (1976) 28 DLR 441; Majibur Rnhman (1977) 29 DLR (H D) 141; Malik Mir Hassan PLD 1969 Lah, 786; Anisminic Ltd, 1969 (2) Appeal Cases 147; Kefhabananda AIR (SC) 461; Actoan Afzal (1969; 21 DLR (SC) 123; State of West Bengal Vs. Anwar Ati AIR 1952 ..

Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3

Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)

....Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421   ......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421   ......……Opposite Parties (In C.R. 446/75) Judgment May 2, 1978. Result: The Rules are discharged. Lawyers Involved: A.F.M. Shahid-For the Petitioner. M. B. Rahman-For Opposite parties. Civil Revision No. 445 and 446 of 1975 Judgment Ranadhir...... This Case is also Reported in: 31 DLR (HCD) (1979) 421   ..

Category: Property Law | Date: 2 May, 1978 | Hits: 1

Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)

..... Its Workmen AIR, 1960 SC 1949; Sri C.P.J. Temple Vs. Harikrishna, A.I.R. 1973 SC 2565; Roshan and others Vs. Mst. Abedur Nessa and others reported in PLD 1963 Dacca 712. Lawyers Involved: Md. Abdur Rashid for B.B. Roy Chowdhury—For the Appellants. B.N. Chowdhury—For the ......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240.   ......r as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240.   ....... This Case is also Reported in: 30 DLR (HCD) (1978) 240.   ..

Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1

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

....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.   ......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.   ......cil and another, 44 C.W.N. 745); Sudhir Kumar 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 f......as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180.   ..

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

Saifuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Manage¬ment Board, 1978, 7 CLC (HCD)

.....Opposite Parties Judgment April 14, 1978.  Result: The rule is made absolute Lawyers Involved: B.N. Chowdhury, with Kazi Ebadul Huq— For the Petitioner. Md. Yahya—For the Opp. Parties. Civil Revision Case No.103 of 1975. Judgment Sa......made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 107 ......unicate the order at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 107 ......Chowdhury J.-This rule is directed against an order passed by the learned Munsif allowing opposite parties Nos. 6 to 11 to 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..

Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3