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Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)

.... the petitioner elected Vice-Chairman of the Union Panshad. The result of the election was accordingly published in the Bangladesh Gazette as per rule 43 of the Union Parishad and Pourashava Election Rules, 1973. The respondent No. 3, however, filed the election petition under rules 56(2) of the afo...... 1. Election Commission Dacca. 2. M.R. Talukdar, Munsif and Election Tri­bunal, Kurigram....the Respondents Judgment June 3, 1975. Result: The rule is made absolute. Lawyers Involved: Shah Azizur Rahman—For the Petitioner. No One—For Responden..

Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1

Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)

....he order passed by the Authority (Munsif) was set aside. So, the petitioner filed the present application under section 115 of the Code of Civil Procedure before this Court and obtained the Rule. 2. In Civil Revision No. 811 of 1968 the facts, in brief, are that the opposite-party was......k, N.W.R. Gujarat, 15 DLR (SC) 261; Anant Ram and others Vs. District Magistrate, Jodhpur and another, AIR 1956 Rajasthan 145; Ganeshi Ram Vs. District Magistrate and another , 1962 P.L.C. 1021. Lawyars Involved: Mozammal Huq—For Petitioner (In C.R. No. 1423 of 1970 and for opposite ..

Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1

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

....hellip;………..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent Judgment May 22, 1975 Result: The Rule is made absolute In the presence of any family member no property can be treated as abando......es in question could not be treated as abandoned 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 Petit..

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.       ....... 640. Bal Krishna Maheswari Vs. Uma Shanker Mehrotra AIR. 1947 All. 367; Ahmed Hossain Vs. Sayedur Rahman 18 DLR Dacca 506 and PLD 1968 Dacca 610, Satish Chandra Banik Vs. Dacca Jute Mills Ltd. Lawyers Involved: Rafiqul Huq, with E.H. Khan A.T. Islam— For the Petitioner. Mostaf..

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

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

.....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents Judgment May 20, 1975. Bangladesh Union Parishad and Paurasbsva Election Rules, 1973 Rule 40— The Sanctity and Impartiality of the Election— The p......ellip;(4) Result: The Rule is made absolute. Case Referred To- Md. Amjad Hossain Howlader Vs. The Chief Election Commission, Dacca and others in Writ Petition No. 185 of 1974 Lawyers Involved: A. T. M. Kamrul Islam, Advocate—For the Petitioner Dr. Aleem-Al-Ra..

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

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

....ine is that it is dependent on the absence of explanation which "merely means that if proof of the relevant facts is put before the Court, then there is no room for inference". 18. The Rule of res ipsa loquitur is really a rule of evidence and it was first expounded by Sir William Eri......62)1Q.B.373;ManindraNath Mukherjee Vs. Mathuradas Chatterjee A.I.R. 1946 Cal. 175; Flint Vs. Lovell, (1935) 1 K. B. 354; Own Vs. Sykes (1936) 1 K. B. 192; Rose Vs. Ford, (1937) 3 All. E. R. 359. Lawyers Involved: S.R. Paul and Abu Backar-For the Appellants Abdul Hamid, B.K. ..

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

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

....llip;………Petitioner Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another….....Respondents Judgment April 24, 1975 Result: The Rule is made absolute. Cases Referred To- Farquharson Vs. Morgan, Queen’s Beach Divi......Referred To- Farquharson Vs. Morgan, Queen’s Beach Division (1), 1894, 552 at page 558; Lord Denman in Bodenham Vs. Rickets; Lal and others Vs. The Crown, reported in 6 DLR (P.C.), 38 Lawyers involved: M. H. Khandker-For the Petitioner. S. R. Pal with S. C. Das—For th..

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

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

..... Haji Azam………….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment April 23, 1975. Result: Both the Rules are made absolute. Cases Referred to- M/s. Yangteza Ltd. Vs. Barlars Brothers, 14 DL...... April 23, 1975. Result: Both the Rules are made absolute. Cases Referred to- M/s. Yangteza Ltd. Vs. Barlars Brothers, 14 DLR (SC) 151; Ram Babu Vs. State, DLR (1950) SC 155. Lawyers Involved: Moinul Hossain, Mozammel Hoque Khan —For Petitioner (In both the Rules)..

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

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

....with by us. 27. We, therefore, do not find any substance in this appeal and the appeal is dismissed. Under the circumstances of the case there shall be no order as to costs in this appeal. Civil Rule No. 924(f) of 1968 has been obtained by as many as 85 petitioners for their addition as respond......54 I.A. 156, 31 C.W.N. 717; Rahimuddin 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 Gener..

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

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

....Instruction contained in Manual of Practical Instruction for the conduct of civil case follows the procedure. The Manual in Chapter XIX, gives instruction to be followed in the execution proceedings. Rules 35 (3) and (14) indicate that the court, has been given wide discretion in dealing and disposi......B.D. 267 Per Lord Coleridge C.J. In Barlow Vs. Teal (1885) 5 Q B.D. 403 Messers S.A. Haroon Vs. Collector of Customs (1959) 11 D.L.R. (S.C.) 200; Noakes Vs. Doncaster Amalgamated Collieries Ltd. Lawyers Involved: Moinul Huq-For the Petitioner  Mian Abdul Gafur, Asrarul Hossa..

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

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

....………………Petitioner Vs. Bangladesh Election Commissioner & others…......Respondent Judgment April 4, 1975. Result: The Rule has been discharged. Case Referred to- Imtiaz Ahmed Vs. Ghulam Ali and others (1963) ......964. S.C. 636; Mainuddin Ahmed Vs. delimination Officer, Narayanganj and others, (1961); 17 DLR 181 PLD. 1961 Dacca 263; The Presiding Officer Vs. Sadruddin Ansari and others, 19 DLR (S.C.) 510. Lawyers Involved: Serajul Huq, with Amir Hossain Khandaker—For the petitioner. K.Z. ..

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

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

.... M. H. Khondker and Habibul Islam Bhuiya—For the petitioner. Ahmed Hossain—For Opposite Party No.7. Civil Revision Case No.704 of 1973. Judgment K. Hossain J.-This Rule was obtained by the plaintiffs, who instituted a suit in the 2nd Court of Subordinate Judge, Sy......engal 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. Mohammed Yunus Vs. Syed Unnissa and others, A.I.R. 1961 S.C. 808 Lawyers Involved: M. H. Khondker and Habibul Islam Bhuiya—For the petitioner. Ahmed..

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

Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)

....sed by the auction purchaser Uttama Devi was not the Judgment-debtor, in R. Ex. 65/59 in which the property was sold for a nominal sum. The Respondent claimed restoration of possession under Order 21 Rule 100 C.P.C. 3. Auction-purchaser resisted the applica­tion contending inter alia that Nihe......Vs. Sheo Baksha Singh II IA. 237; Balakrishna Udayar Vs. Vasudeva Aiyar, 44 LA. 261-22 C.W.N; Joy Chand Lai Babu Vs. Kamalaksha Chowdhury, 1 DLR 46; Jaisri Lal Vs. Dulhlal A.I.R. 1930 Patna 416. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Abdur Rab-II, Advocate-on-Record—F..

Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271

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

....ier decision was not in a suit, in that case the general principle of res judicata will be attracted. 25. As we have been seen, the Judicial Committee of the Privy Council has laid down that the Rule of res judicata is applicable not merely on the basis of positive Law but also on the basis of ...... India Vs. Nanak Singh (1968) 2 SCr. 887. AIR 1968 SC 1370; Yaqub Vs. The Chief Settlement Commissioner Lahore, 17 DLR (SC) page 105; Md. Kutubuddin Jaigirdar Vs. Nurjahan Begum, 25 DLR page 21. Lawyers Involved: B. N. Chowdhury Advocate—For Appellant. Ismailuddin Sarkar, Asstt...

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)

.... 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   ......inental sundicate of Trade Vs. Lloyds Bank Ltd. P.L.D. 1966 (W.P) Karachi 556; Bharat Bank Ltd. Vs. Sheoji Prasad, A.I.R. 1955 Pat. 288; Hulas Kunwar Vs. Allahabad bank Ltd A.I.R. 1958 Cal. 644. Lawyers Involved: Md. Mozammel Huq—For Appellant Abu Backer—For Respondent ..

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

Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)

....nal Petition for Special Leave to Appeal No.56 of 1974.) Judgment Ahsanuddin Choudhury J. - This appeal by special leave is against a judgment of the High Court Division, discharging the Rule in Criminal Revision No.289 of 1973. 2. It arises in the following circumstances potitya ......nother………………......Appellants Vs. Farrok Ahmed and another………………....Respondents Judgment December 18, 1974. Result: The appeal is allowed. Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by Abu Backkar, Advocate-on-Recor..

Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7

Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)

....under section 19 of the East Pakistan Employment of Labour (Standing Orders) Act, 1965, (hereinafter called the Standing Orders, 1965) and that under rule 34 of East Pakistan Industrial Dis­putes Rules, 1960 (hereinafter called the Rules) it is mandatory that the Chairman before giving an award ...... East Pakistan, 18 DLR 45; Karnaphuli Paper Mills Ltd. 13 DLR 160; Glaxo Laboratories (Pak) Ltd. Karachi Vs. Pakistan, 14 DLR (SC) 17; Secretary, EPIDC Vs. Mohammad Serajul Huq, 22 DLR (SC) 284. Lawyers Involved: Mozammel Huq, Advocate, instructed by A. W. Mallik, Advocate-on-Record &mdas..

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

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

....pellant Vs. The State ………………………………Opposite Party Judgment March 8, 1974. Result: The Rule is made absolute, Allowed Case Referred to-  (1967) 19 DLR (SC) 403-Golam Jilani......vernment of Pakistan, (1963) 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, ..

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

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

....­missal of the petitioners' case under rule 8 read with rule 12 of Order 9 of the Civil Procedure Code whereupon the learned Subordinate Judge passed the impugned order dated 25.1.84. 5. Rules 8 and 12 of Order 9, C.P.C. are as follows:— "8. Procedure where defendant onl......……….Petitioners Vs. Zahir Ahmed and others.....................Opposite Patties Judgment February 7, 1984. Result: The application is rejected. Lawyers Involved: Fazlul Karim—For the petitioner. An application under section 115 ..

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

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

....ip;……………................Petitioner Vs. Kashem Ali Maloo..............................Opposite Party Judgment January 22, 1974. Result: Rule is made absolute. Cases Referred to- Chittaranjan Sutar Vs. Secy. Judicial De­par......asheshar Nath Vs. Commor of Income Tax, AIR 1959 (SC) 149;Mahendra Lal Vs. State of Uttar Pradesh, 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..

Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8