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Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....Rs. 27373/5 annas 6 Paisa from the defendant Government. There was also a prayer for a permanent injunction restraining the defendants from taking any step in pursuance of the said requisition notice dated 19. 4. 57. 2. It has been stated in the plaint that the plaintiff was the owner of C. S. ......ing to Rs. 27373/5 annas 6 Paisa from the defendant Government. There was also a prayer for a permanent injunction restraining the defendants from taking any step in pursuance of the said requisition notice dated 19. 4. 57. 2. It has been stated in the plaint that the plaintiff was the owner of...... D.C. Bhattacharya J. - This appeal is at the instance of the Plaintiff and directed against a decree dismissing his suit. The Plaintiff brought a suit against the Province of East Pakistan for a declaration that the requisition of C. S. Plot No. 992 of Mouza Dhanmondi on or about 19.4.57 ..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....f's Lucky Biri Company. 3. It is the case of the plaintiff that they sent biris of their manufacture by train to M. Kudratullah of Saidpur, District Rangpur under Railway Receipt No. AO50061 dated 24.10.51 and forwarded the railway Receipt through the Central Bank of India Ltd. Calcutta for......ned Subordinate Judge framed the following issues for determination of the suit: 1. Has the plaintiff any cause of action for the suit? 2. Is the suit defective for want of proper and valid notice under Section 80 C. P. Code? 3. Is the suit barred by limitation? 4. Is t......ppellant Vs. M/s. Lucky Biri Company.................................Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; Pres..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)
....that appellants were threatening the complainant and the witnesses and thereby tampering with the evidence. Under order of the Sessions-Judge the appellants appeared in his Court on 16.8.73 on that date the learned Sessions Judge cancelled their bail and remanded them to custody whereupon a Rule......at the Rule was discharged on 5.8.74. The appellants came to know of the disposal of the Rule from their surety Mr. Mohan Kanti Ghose, Advocate, Judge's Court, Chittagong on 7.11.74 who received a notice from the Sub-Divisional Magistrate, Chittagong on the same date for producing in Court in ob......d-For the Appellants. Mahbubur Rahman, Advocate, instructed by S.S. Hoda, Advocte-on-Record-For the Respondent No.1. Criminal Appeal No.31 of 1974. (Arising out of Criminal Petition for Special Leave to Appeal No.56 of 1974.) Judgment Ahsanuddin Choudhury J. - This appe..Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....ainst the Judgment and order passed by the learned Sessions Judge on 31-12-69 in Criminal Appeals No. 252 to 259 of 1969 of the Court of Sessions Judge, Faridpur. 2. In these petitions the order dated. 2-1-70 passed by The Senior Special Judge has been challenged. The order runs as follows:- ......, Sessions Judge were also equally without jurisdiction and finally The learned Sessions Judge's taking cognizance of the offence having been committed by the acquitted accused without giving any notice Jo them appears also to be illegal. Apart from all these, from 1962 when the F.I.R. was lodge......nt passed in Criminal Appeal No.153/69, let the case be transferred and registered as special case. Cognizance u/s 4(1) of the Criminal Law Amendments Act has already been taken. To 12-1-70 for appearance of the aced persons.” Seven such orders have been passed by the learned Se..Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....ab-II, Advocate-on-Record-For the Appellant (In Civil Appeal No. 2 of 1972). Civil Appeal Nos. 1 & 2 of 1972. (From the judgment and order of the erstwhile High Court of East Pakistan dated 7-6- 68 passed in First Miscellaneous Appeal No. 4 of 1968) Judgment Ahsanuddin Ch......services was as follows :— "You are hereby advised that your employment with the Company is terminated with effect from 31st March, 1967." ''In lieu of 90 days notice the Company prefers to pay your wages for that period in addition to compensation at the rate...... and others………………Respondents (In Civil Appeal No. 2 of 1974). Judgment May 3, 1974. Result: The order sending the case back on remand for retrial is hereby set aside. The award made by the learned Chairman directing the re-instat..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....t to the Court: “Government of the People's Republic of Bangladesh, Office of the D.I.G. Prisons, Dacca Div., Central Jail, Dacca. Memo. No. 6566 dated 4-12-73. In The Court of Sessions Judge, Dacca. Subject: Rep......cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......er this Rule was issued calling upon the Deputy Commissioner, Dacca to show cause why the petitioner who is alleged to be illegally and improperly detained in jail should not be produced or brought before the Court to be dealt with in accordance with law or set at liberty. 2. The facts of the c..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)
....re. Judgment Mohammed Habibur Rahman J.—This is an application for issuing rule upon pre-emptor opposite party No.1 Zahir. Ahmed. Shah to show cause as to why the impugned order No.17 dated 25.1.84 in Misc. Case No.22 of 1979 by the learned Subordinate Judge, 3rd Court, Chittagong sh......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160 ......yers Involved: Fazlul Karim—For the petitioner. An application under section 115 (1) of the Civil Procedure. Judgment Mohammed Habibur Rahman J.—This is an application for issuing rule upon pre-emptor opposite party No.1 Zahir. Ahmed. Shah to show cause as to why the ..Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....upreme Court shall to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other Courts in Pakistan.” 11. The Constitutional mandate therefore was that when a High Court declared or enunciated a principle of law or decided a que......is of a purchase from the judgment-debtors made long before the decree in pursuance of which the sale had taken place and that the auction sale had been brought about, by fraudulently suppressing all notices, at a shockingly low price. 3. The learned Munsif, without going into the merits of the......desh, AIR 1963 (SC)1019;M P.V Sundararamier & Co. Vs. State of Andhra Pradesh, AIR 1958 (SC) 468. Lawyers involved: Latifur Rahman—For the Petitioner. Miah Abdul Gafur—for the Opposite parties. Revision Case No.650 of 1971. Judgment Debesh Chandra Bhatt..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
....he working hours in accordance with the aforesaid section and to pay him for 3 hours at over time rate for every week worked by him; without half day's weekly holiday with effect from 1.9.65, the date on which the said Act came into force. The Respondent company, vide letter dated 16.2.69, rejec...... court contented itself by looking for whether such a person like him has been expressly mentioned or not in the definition. The Chairman of the court, quite complacently stated: “Here, we notice that the Legislature was careful enough to include even the clerks, who sit in the room or pl...... the Shops and Establishment Act, 1965. He claimed that according to section 4 of this Act he will be allowed one and half days "consecutive holidays with full wages in a week. He therefore called upon the respondent company to revise the working hours in accordance with the aforesaid..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....y Attorney General—For the Respondents. Petition No. 331 of 1969. Judgment B. H. Chowdhury J.- This Rule is directed against the order of the District Controller of Food, Barisal dated 15.12.67 and of the order of the Regional Controller of Food dated 22.4.68 dismissing the peti......nment servant found guilty of misconduct is a judicial order and as such it cannot be varied at the will of the authority who is empowered to impose the punishment. Indeed, the very object with which notice is required to be given on the question of punishment is to ensure that it will be such as wo......e is directed against the order of the District Controller of Food, Barisal dated 15.12.67 and of the order of the Regional Controller of Food dated 22.4.68 dismissing the petitioner from the service for misconduct. 2. The facts giving to this petition are as follows: The petitioner was a ..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....The following order was then passed by the court on 19-4-67:- “Balance of consideration money of Rs. 75/- not deposited within the prescribed time. Hence the suit is dismissed as per order dated 3-4-67. There will be no cost to any Party.” 3. On 5th August. 1967 the Plaintiffs ......ning of order 47 Rule 1 of the Code. The extension of time could have been granted by the appellate Court if the decree itself was challenged in the appeal. 19. It is necessary to take notice here of a decision of a single Judge of the Dacca High Court in the case of Ashaf Ali Vs. Bay......Code of Civil Procedure against an order of rejection of an application filed by the petitioners under section 151 read with section 148 of the Code of the Civil procedure praying for vacating an order of dismissal of a suit for specific performance of contract. The petitioners f..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....This is a petition under Article 102 of the constitution of the People's Republic of Bangladesh. On this petition the petitioner obtained the present Rule against the judgment and order dated 10-1-73 passed in Tribunal Misc. Appeal No. 3. of 1972 setting! aside the order passed on 25-9......4-5-68. A copy of the said decree has been annexed to the petition and marked as Annexure "A". Thereafter he put the decree into execution in Title Execution Case No. 25 of 1968. Having got notice of the execution case respondent No. 2 filed a suit, being title suit No. 190 of 1968, in the...... 1. Additional 'District Judge, 1st Court, Dacca, Chairman, Special Tribunal under P.O. No. 13 of 1972. 2. Md. Shamsuddoula, son of late Haji Abdus Sattar, Ministry of Information, Dacca…………………………&hel..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
.... a tenant under Profulla Kumar Ghose in respect of the suit land which was under mortgage. Rai Charan sold his right, title and interest in the suit land to Sarat Sashi Devi by a registered kabala dated 9-7-28 for a consideration of Rs.600/- and put her in possession thereof. The mortgage debt w...... 6. Defendant No.1 filed one written statement; and added defendant Nos.6 to 9 filed another. The specific case of the added defendants was that they were bonafide purchasers for value without notice from defendant No.1. All the material allegations in the plaint regarding plaintiff's allege...... 1973. Result: The Rule is discharged. Lawyers Involved: M. Behtar Ali, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Special Leave to Appeal No.21-D of 1971. Judgment AM Sayem CJ. - This Petition for Sp..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
....for specific performance of contract. Plaintiff-respondents 1 and 2 instituted the O.C. Suit No. 52/262 of 1962 which was decreed by the learned Munsif, 2nd Court. Noakhali by hit judgment and decree dated 15th May, 1963 and those were affirmed by the learned Subordinate Judge, Additional court, Noa...... out of contract and annexed to the ownership of immoveable properly, but not amounting to an Interest there in or easement thereon, such right or obligation may be enforced against a transferee with notice thereon. Section 54, inter alia, provides that:- It does not, of itself, creat...... M. A. Rouf-For the Respondent No one -For the Deputy Registrar. Appeal from Appellate Decree No. 1188 of 1965 Judgment Ruhul Islam J.- This appeal is by a defendant in an action for specific performance of contract. Plaintiff-respondents 1 and 2 instituted the O.C. Suit No. 52/..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....y;prietress of the Tea Estate on the strength of a will on the death of her father on 15-11-69, proposed to sell that Tea Estate to them, that the plaintiffs having agreed thereto a deed of agreement dated 19-2-70 a copy of which is annexure A to the plaint, was executed by the plaintiffs and t...... defendants had been trying to put obstacles to the management of the Estate and thus disturb the plaintiffs' possession in respect of the said properties. 3. Upon the said application, notices were issued to the defendants to show cause as to why they should not be restrained by a tem......tate till disposal of the suit. The plaintiffs who are the opposite parties No.1-3 in this Rule have brought a suit being Title suit No.151 of 1970 in the 2nd Court of Subordinate Judge, Sylhet for a declaration that they are seized and possessed of the property in suit which is known as Looba..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....ase both the parties adduced evidence both oral and documentary. After hearing the parties and perusing materials on record the trial Court decreed the suit in favour of the plaintiff by his Judgment dated 93.85. Against the aforesaid Judgment and Decree the defendant No.1 preferred appeal before th......ed. Admittedly, the present vested Property case was started in the year 1980. Unfortunately, this point was neither raised by the learned Advocate for the plaintiff, nor the learned Judges had taken notice of the law which was repealed in the year 1974. This point was not specifically agitated and ......sing the Judgment and Decree passed by the learned Upazila Munsif, Agailjhara, in Title Suit No.4 of 1984 (Previously TS No. 60 of 1981) should not be set aside. 2. Plaintiff is the petitioner before this Court. It was his short case that the suit land was leased out to the plaintiff and one Az..Category: Property Law | Date: 3 May, 1972 | Hits: 4
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
...., Advocate ‑ For the Opposite Party No.1. Civil Rule No.627 of 1969. Judgment Abdullah Jabir J.- This petition under section 115 of the Code of Civil Procedure is directed against an order dated 20.3.69 passed in Misc. Case No.262/66 by Mr. M Islam, Dist. Judge, Chittagong rejecting the p......prayer of the petitioner. Yar Ali Khan Chowdhury for examination of two witnesses namely, one Mr. Anwar Ali Chowdhury and one Mr. OR Nizam (who is since reported to be dead) on commission and issuing notice under Order 12, rule 4 of the Code of Civil Procedure for admission of certain documents. ......ode of Civil Procedure is directed against an order dated 20.3.69 passed in Misc. Case No.262/66 by Mr. M Islam, Dist. Judge, Chittagong rejecting the prayer of the petitioner. Yar Ali Khan Chowdhury for examination of two witnesses namely, one Mr. Anwar Ali Chowdhury and one Mr. OR Nizam (who is si..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181