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Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....J    Shahabuddin Ahmed J  Abdur Rashid and another………………..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent Judgment May 22, 1975 Result: The R......iginal Jurisdiction) Present: Fazle Munim J    Shahabuddin Ahmed J  Abdur Rashid and another………………..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent ...... 27 DLR (HCD) (1975) 614       ......ned property within the meaning of Article 2 of the President's Order No. 16 of 1972 due to the circumstances men­tioned above…....(3) Lawyers Involved: T. H. Khan with A. H. Md. Nurul Huda Khandaker, Advocates—For the Petitioners. Mahmudul Islam, Assistant Attorn..

Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7

Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)

.... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490.       ......can exercise the powers under section 79 sub-section(3) of the Act……………………(23) Cases referred to- Sree Meenakshi Mills Ltd. Vs. the Assistant Registrar of Joint Stoke company Madura; AIR 1938 Mad. 640. Bal Krishna Maheswari ......that he obtained in the suit was on some valid lawful ground as well. The copy of the application which the company has alleged to have served, on the objector is not correct It was served on one Mr. Shahabuddin on a false representation who is not his. Advocates and when he realized his mistake he ...... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490.       ..

Category: Corporate Law | Date: 20 May, 1975 | Hits: 2

Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)

....n) Present: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents Judgment May 20, 1975. Ban......n (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents J...... is also Reported in: 27 DLR (HCD) (1975) 662       ......LR (HCD) (1975) 662       ..

Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1

Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)

....ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671         ...... High Court Division (Criminal Appellate Jurisdiction) Present: A.T. M. Masud J Amirul Islam Chowdhury J Nazrul Islam alias Md. Nazrul Islam..................Appellant Vs. The State………………….Respondent Judgment ......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671         ......sp;     ..

Category: Arms Law | Date: 2 May, 1975 | Hits: 2

Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908

.... far as this appeal is concerned. A.S. Faizul Islam Choudhury J.-I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 628         ......nt: D.C. Bhattacharya J A.S. Faizul Islam Choudhury J Abdul Awal and others…………………………….Appellants Vs. Mofasiluddin Ahmed and others……………Respondents Judgm...... far as this appeal is concerned. A.S. Faizul Islam Choudhury J.-I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 628         ......laintiff can walk about and is now a member of P. S. C. 56. It should, however be pointed out that the manner in which each of the two Doctor witnesses viz. P.W. 2 Dr. A. Khaleque and P.W. 9 Dr. Md. Hossain has given his testimony bears the stamp of a partisan witness and manifests a certain am..

Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5

Eastern Hosiery Mills Sramik Bahumukhi Samabaya Samity Ltd Vs. Govt. of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....Petitioner (In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Sa­mity Ltd...Petitioner (In Writ Petition No. 22 of 1973.) Vs. Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both the cases) Judgment April 28, 1975. ......Sramik Bahumukhi Samabaya Samity Ltd...........Petitioner (In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Sa­mity Ltd...Petitioner (In Writ Petition No. 22 of 1973.) Vs. Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both...... in: 27 DLR (HCD) (1975) 674         ......her, (1969) 21 DLR S.C. 225 P.L.D. 1969 (S.C.) 223. Lawyers Involved: Mirza Golam Hafiz, with A.T. Chowdhury, Khademul Islam Chowdhuryr—For Petitioner (In both) Abdul Malek, with Md. Ruhul Amin, Shamsuddiu—For Respondent No. 5. Mahmudul Islam, Assistant Attorney Gene&..

Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3

Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)

....               In the matter of: Am application under Article 102(2) (a) (ii) of the Constitution of the People's Republic of Bangladesh. Judgment Fazle Munim J. — This Rule is directed against an order of Awar...... Present: Fazle Munim J Shahabuddin Ahmed J Badruddin……………………………………Petitioner Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another….....Respondents ...... Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611   ......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611   ..

Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2

Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)

.... were resisted, by the petitioner denying the material allegations of the opposite party and praying for dismissal of the suits on the ground, inter alia, that the said awards were not enforceable in Bangladesh. 4. On the prayer of both parties the learned Subordinate Judge took up the question...... High Court Division (Civil Revisional Jurisdiction) Present: D.C. Bhattacharya J S. M. Mohsen Ali J Messrs. Haji Azam………….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment April 2......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583   ......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583   ..

Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3

Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC

....lso Reported in: 27 DLR (HCD) (1975) 534   ......) Present: D. C. Bhattacharya J S. M. Mohsen Ali J Bangladesh………………………………........Appellant Vs. Babu Indu Bhusan Gupta & others ................Respondents Judgment April 1......ahimuddin Matabbar Vs. Naimuddin Howladar 31 C.W.N. 751; A.I.R. 1927 Cal. 565; Surendra Lal Depal Vs. Satya Tamas Ghosal, 12 D.L.R. 214; P.L.D. 1960 S.C. (Pak.) 179. Lawyers Involved: Fakir Shahabuddin, Attorney-General Ismailuddin Sarkar, Asstt. Attorney General—For the Appell.......L.R. 214; P.L.D. 1960 S.C. (Pak.) 179. Lawyers Involved: Fakir Shahabuddin, Attorney-General Ismailuddin Sarkar, Asstt. Attorney General—For the Appellant. Habibur Rahman, Md. Ayub Shah & Md. Sharif—For the Respondent. F. A. No. 235 of 1968 Judgment ..

Category: Property Law | Date: 17 Apr, 1975 | Hits: 2

Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)

....asions the judgment-debtor app­eared through a lawyer, though not personally. On 11.6.71 the delivery of possession of the property was given to the auction purchaser. Then came the liberation of Bangladesh on 16th December, 1971. On February, 7, 1972 President's Order No. 12, 1972 was promu...... (Civil Revisional Jurisdiction) Present: K. Hossain J Badrul Haider Chowdhury J Abdur Rahman Chow­dhury J Sayed Maksud Ah­med.........................Petitioner Vs. Sunil Kumar Basu & others………………….Oppos......the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275     ......ar Basu & others………………….Opposite Parties Judgment April 11, 1975. Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muhammad PLD..

Category: Property Law | Date: 11 Apr, 1975 | Hits: 4

Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)

....ya J A. Rahman Chow­dhury J Shahiduddin Iskandar……………………………………Petitioner Vs. Bangladesh Election Commissioner & others…......Respondent Judgment April 4, 1......hattacharya J A. Rahman Chow­dhury J Shahiduddin Iskandar……………………………………Petitioner Vs. Bangladesh Election Commissioner & others…......Respondent Judgment A......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476       ......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476       ..

Category: Election Law | Date: 4 Apr, 1975 | Hits: 2

Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)

.... Court Division (Civil Revisional Jurisdiction) Present: A. I. Chowdhury J K Hossain J Sree Sree Radha Krish­na Deities..........................Petitioner Vs. Bangladesh and others.......................................Opposite parties Judgment Marc...... High Court Division (Civil Revisional Jurisdiction) Present: A. I. Chowdhury J K Hossain J Sree Sree Radha Krish­na Deities..........................Petitioner Vs. Bangladesh and others.......................................Opposite parties Judgment ......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. .........................Opposite parties Judgment March 5, 1974. Result: The rule is made absolute. Cases Referred to- Kumudini Welfare Trust of Bengal Ltd. (1959) 11 DLR 57; Md. Yasin (1974) 26 DLR 82;Mt. Sushila Devi Vs. Ram Kishan Das and others, A.I.R. 1943 Lahore 39; C...

Category: Property Law | Date: 5 Mar, 1975 | Hits: 2

Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)

....Civil Jurisdiction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent Judg......Original Civil Jurisdiction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent ......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541     ......7 DLR (HCD) (1975) 541     ..

Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2

Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co¬operative Bank Ltd, 1975, 4 CLC (HCD)

.... Civil Jurisdiction) Present: Debesh Chandra Bhattacharya J Faizul Islam Chawdhury J Md. Obaidul Akbar........................Appellant Vs. East Pakistan Provincial (now Bangladesh) Co­operative   Bank   Ltd..........Respondent Judgment ...... High Court Division (Original Civil Jurisdiction) Present: Debesh Chandra Bhattacharya J Faizul Islam Chawdhury J Md. Obaidul Akbar........................Appellant Vs. East Pakistan Provincial (now Bangladesh) Co­operative   Bank   Ltd...... the satisfaction of the decree passed in Money Suit No. 3 of 1960. A.S. Faizul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 523   ...... 27 DLR (HCD) (1975) 523   ..

Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3

Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)

....ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237.   ......ction) Present: K. M. Subhan J S. M. Mohsen Ali J Abdul Wadud Sikder and others....................Petitioners (In C.R. No.176 of 1970) and (In C.R. Nos. 202 to 208 of 1970) Vs. State.........................................Opposite parties (In all the revisions) ......ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237.   ...... State.........................................Opposite parties (In all the revisions) Judgment June 4, 1974. Result: The rules are made absolute. Cases Referred To- Md. Shafiullah Vs. the State (1957) 19 DLR page 254 (259); Aminul Haque Vs. The Crown (1951) 3 DLR (..

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)

....tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accor­dingly without any order as to costs. Ed. This Case is also Reported in: ......Appellate Division (Civil) Present: AM Sayem CJ Syed AB Mahmud Husain J AFM Ahsanuddin Chowdhury J Aminul Islam and others. ....................Appellant. Vs. M/s. James Finlay & Co. Ltd. Khulna............Respondent (In Civil Appeal No. 1 of 19......tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accor­dingly without any order as to costs. Ed. This Case is also Reported in: ......tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accor­dingly without any order as to costs. Ed. This Case is also Reported in: ..

Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134

Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)

....se is counter-plotting   (?) to be started against   him   for   making conspiracy,   waging   war   against State and other anti-Bangladesh movements. For further investigation and deve­lopment of the case it is necessar......onal Jurisdiction) Present: Fazle Munim J A.T.M. Masud J Tafur Uddin………………………………Appellant Vs. The State …………………………&...... 20 DLR (SC) 249; P.L.D. 1968 (SC) 313; Government of West Pakistan and another Vs. Begum Agha Abdul Karim Shorish Kashmiri, (1969) 21 DLR (SC), P.L.D. 1969. (SC) 14. Lawyers Involved: Kazi Shahadat Hossain, Advocate—For the Petitioner. A.T.M. Afzal, Deputy Attorney-General with......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 ..

Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2

Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)

....the peti­tioner Haji Gura Meah Shah as purchaser opposite party No.1 and the vendor opposite party Nos. 2 and 3 and other co-sharers of the khatian as opposite party Nos.4-6 and the Government of Bangladesh as opposite party No.8. 3. Purchaser petitioner Haji Gura Mia contested the case by ......il Revisional Jurisdiction) Present: Md. Habibur Rahman J Syed Mohammed Ali J Gura Meah Shah & others ………………….Petitioners Vs. Zahir Ahmed and others.....................Opposite Patties Judgment February 7, ......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   ......i, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160   ..

Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1

Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)

....n passed in pursuance of Ordinance No. 1 of 1964 should not be interfered with because this Ordinance was enacted in furtherance of a public policy and has been accepted to be so by the Government of Bangladesh and the learned Advocate has drawn my attention to a newspaper notice purported to have b......ivision (Civil Revisional Jurisdiction) Present: Debesh Chandra Bhattacharya J Abdul Majid Bepari………………................Petitioner Vs. Kashem Ali Maloo..............................Opposite Party Judgment January 22,......to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1.   ......uary 22, 1974. Result: Rule is made absolute. Cases Referred to- Chittaranjan Sutar Vs. Secy. Judicial De­partment, 17 DLR 451;State Vs. Dosso, 11 DLR (SC) 1; Prov. of E.P.Vs. Md. Mehdi Ali Khan, 11 DLR (SC) 318; Abul A'ala Moududi Vs. Govt. of W. Pak., 17 DLR (SC) 209; C..

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)

.... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244   ...... ...... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244   ...... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244   ..

Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2