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Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
....ourt of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ......on of Gharjamai and confers on the daughter even if married, the right of residence and even of maintenance. After the plaintiff's marriage with the pro-defdt her husband took service for a short time in a ten garden where the Plff, went to live with him but due to illness the plff's husband...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
.... Bangladesh and others.......................Respondents Judgment June 29, 1977. Result: The Rules are made absolute. Lawyers Involved: Amir Hossain Khandker, Advocate—For the Petitioner. M.M. Hague, A.A.G. with QuaziShafiuddin A.A.G.—For the Resp...... case of the petitioner and recommending punishment; and that the Chief Engineer acted illegally and without any lawful authority in passing the impugned order punishing the petitioner for the second time on the selfsame charges. 4. In Writ Petition No. 369 of 1976 facts being almost identical ......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
....the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ......lot No. 640 of khatian No.22 and plot 1084 of khatian No. 873 of Mouza Beel Boalia. The suit land was previously khal and it was so recorded in C.S. khatian and was meant for public Use. In course of time the khal silted up and since then the local people have been using the same as path from time i...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
....e Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908), section 151; Order 9, rule 4 A client shall not suffer because of negligence and enigmatic conduct of its agent lawyer for the ends of justice...............(8) Cases Refe......agraphs of which it has been stated: “(1) That in the original suit statement of facts was called from the Circle Officer (Revenue) concerned but the same was not received by the office in due time and as such written statement could not be filed in the suit. (2) That as the original con...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....) 219. ......lowing schedule shall be punishable to the extent mentioned in the third column of the same with reference to such offences respectively:- 8 (a) If any goods, the importation of which is for the time being prohibited or restricted by or under this Act, be imported into or exported from Pakistan......n the case of Wolverhampton the point was, that a company governed by the Company's clauses Consolidation Act, 8-9-vict. c16, had sued the defendant who was a subscriber and not a shareholder for recovery of some call money. The statute made the company competent to sue the share-holders for the......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....inal Special Jurisdiction)
Present:
BadrulHaider Chowdhury J
M.H.Rahman J
Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra.............. Petitioners
Vs.
The State and others.................................................OppositeParty
Judgment
Jun......tenu was indulging in political and criminal activity and he did and was about to do prejudicial acts and it is stated that if necessary the relevant records would be produced before the court at the time of hearing. As a point of law it was mentioned that the grounds of detention with the sections ......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......sory Board, was also done away with it is the Emergency for which the law was accordingly passed. Though the dictum of Lord Atkin in the case of Liversidge Vs. Anderson that "amidst the clash of arms the laws are not silent. They may be changed but they speak the same language in war and peace&..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....nce. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......ll be entitled to the benefit of this section in respect of any premises unless, he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance within the time fixed in the contract with his landlord or in the absence of such contract by the fifte&sh......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
......whereupon the petitioner moved this Court and obtained the Rule.
3. Custodian of Enemy Property entered appearance by filing an affidavit-in-opposition but none has appeared on his behalf at the time of hearing. Mr. Mohammadullah, the learned Advocate appearing for the petitioner has assailed t......ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
......ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
..
Category: Property Law | Date: 10 Jun, 1977 | Hits: 2
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
.... Special Tribunal No.II, Comilla and another.............Respondents Judgment June 9, 1977. Result: The rule is discharged. Case Referred To- Monomohan Shaba Vs. The State, (1976) 28 DLR, 185; Dost Mohammad and ors. Vs. The State, (1977) 29 DLR 122; A.K. Roy Vs. The S......izance is to be taken on the basis of the charge-sheet submitted by the police. All that it provides is that notwithstanding anything contained in the Criminal Procedure Code or any other law for the time being in force, the Special Tribunal shall not take cognizance of any offence triable under the......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
.... High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......e suit. 6. It was observed by the High Court that "so far as the responsibility of the ship is concerned, according to the clause already quoted, it would appear to us to have ceased at the time that the general goods were disembarked at the outer anchorage from the ship on to lighter vess...... No.3, the Federation of Pakistan as it then was. On the expiry of the period of notice the appellant instituted Money Suit No.23 of 1952 in the Court of Subordinate Judge Third Court, Chittagong for recovery of Rs. 82, 307-15-9 on account of damage to and loss of the goods imported and also for los......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....n, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ...... in interest of the plaintiffs never possessed the suit land adversely to their interest within their knowledge. The contesting defendant No. 1 and 6 who were respectively aged about 21 and 19 at the time of trial of the suit were minors when the patta was executed In favor of Ayenuddin and the patt......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....ellip;……………………..Opposite Parties Judgment June 7, 1977. Result: The Rules are discharged of. Cases Referred To- Matilal Sikder and Ors. Vs. Benodimi Dasi in 28 D.L.R. Appellate Division) 5; Jamiyat Ali vs. Mrs. Ch......p;if he had independent knowledge of the transfer or under section 96(4) if notice under section 96(3) (b) of the Act provides him with the knowledge of the transfer for the first time. This is deducible from the two-fold period of limitation prescribed under the two provisions. ......since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ......since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
.... High Court Division (Criminal RevisionalJurisdiction) Present: A.R. Chowdhury J M. A. Khaliq J Mainuddin Khan................................Petitioner Vs. State................................................Opposite party Judgment April 19, 1977......86of the Penal Code. Now section 174 of the Penal Code reads as follow:- “Section 174, Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant leg......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....ents Judgment April 12, 1977. Result: Cases Referred to- M/s. M.M. Ispahani Vs. Chairman, Second Labor Court and another, (1967) 19 DLR 612; Bangladesh Fishermen's Co-operative Society Ltd. Vs. The Chairman, Labor Court, Chittagong and another, (1975) 27 DLR 367. La...... holding that the petition under Order IX, rule 13 read with section 151 of the Code of Civil Procedure is barred by limitation, although the Labor Court should have held that the time would run from the date of knowledge of the order and not from the date of ex parte order obtai......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
....rt Division
(Special Original Jurisdiction
Present:
Ruhul Islam J
M.H. Rahman J
Nazir Ahmed..........................Petitioner
Vs.
Bangladesh Jute Industries Corporation represented by its Chairman........Respondents
Judgment
April 11, 1977.
Result:...... Head Office as Manager under Director (T) Section to look after the work of Chittagong Zone in the pay and pay scale he was drawing at Crescent Jute Mills Company Limited. The Company had for a long time scheme of gratuity and a Provident Fund Scheme. The Corporation never took charge of these sche......
In view of the above, the Rule is discharged. We do not make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
......
In view of the above, the Rule is discharged. We do not make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....lid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ...... Constitution Order which provided amongst others, that there shall be a High Court of Bangladesh, consisting of a Chief Justice and so many other Judges, as may be appointed by the President from time to time. The Provisional Constitution Order came into force "at once" i.e. on 11.1.72. ......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....ahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ...... mortgagee in respect of the said vessel. The defendant trading under the name and style of "Madina Navigation Company" carried on the business of Inland Water Transport and at all material time was and is the owner of the vessel "M.L. Madina". The plaintiff-respondents suffered ......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
....sdiction) Present: Abdul Wadud Chowdhury J Taferuddin Pramanik……………………………Petitioner Vs. Tahmina Khatun and others…………………Opposite Parties Judgmen......ellant, was neither a cosharer nor a contiguous land owner but was a stranger purchaser. The applicants came to know of the transfer on 24-8-1966. As such they have applied for pre-emption within the time prescribed, making the necessary deposit. 3. The transferee did not contest the case but f......circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417. ......circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417. ..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
....on was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
......ciation of earlier years. This was objected to by the Assessee Company on the ground that the original assessment for the year 1949-50 having been made on 31.3.54 the purported rectification was time barred and it involved the reopening of the assessment for the years 1947-48 and 1948-49. The I...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....public of Bangladesh and others…………..Respondents Judgment February 9, 1977. Result: The rule is discharged. Cases Referred to- Shyamlal Vs. State of Uttar Pradesh and another A.J.R. 1954 S.C. 369.; Parshotam Lal Dhingra Vs. Union of India P.L......the impugned order having the effect of retrospective operation is bad in law. The petitioner also contends that it is not warranted by the law, as the order of retirement being between two points of time, that is the age of compulsory retirement and the age of superannuation, when the petitioner sh......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
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