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....5) 517
...... persons including late Fazlul Quader Chowdhury and that the accused Golam Ali was present during the occurrence. It may be mentioned that the informant who lodged the F. I. R. was not present at the time of occurrence.
3. A charge-sheet was submitted against the accused Golam Ali and 10 others......i be set at liberty at once.
In the result, the rule is made absolute.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 517
......i be set at liberty at once.
In the result, the rule is made absolute.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 517
..
Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....rt Division (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ahmed J Afazullah Manjhee....................... Petitioner Vs. Election Tribunal, Patiya ........Respondents Judgment June 13, 1975. Result: The Rule disposed of.......hem, For, the Tribunal after considering the allegations regarding the various irregularities which were committed by the election authority, such as, whether there was suspension of election for sometime, whether poll was started at 7 A.M. instead of 8 A.M. and whether there was serious disturbance......ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577 ......ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577 ..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....lip;……………………....Petitioner Vs. Province of East Pakistan & another........Opposite parties Pakistan Eastern Railway Administration……………Petitioner Vs. Md. Mafizuddin, Clerk under Ch......uch ground was taken in the written statement or even before the Authority. Nor any evidence cither oral or documentary was led in support of this contention. This contention was raised for the first time in revision before the High Court and High Court was, therefore, justified in overruling this o...... pay. After lengthy correspondence, Bacha Mia filed petition on 24-4-62 before the Authority (under Payment of Wages Act) under sub-section (2) of section 15 of the Payment of Wages Act for recovery of Rs. 12,686.75 being his delayed wages for the period from 21-4-53 to 31-1-62, and the sa......e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
....b-section (3) and section 79, sub-section (3) of the Companies Act, 1913 are not exclusive but supplementary to each other— Section 76 is a special provision regarding the statutory meeting and annual general meeting, whereas section 79 is the general provision. W...... held within the period prescribed by the statute then the court has the power under section 76 Sub-section (3) to direct the calling of such an annual general meeting beyond the prescribed time provided that the meeting can otherwise be validly held but if default has been made and it is ...... 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. ...... 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)
....ection— The provisions of Rule 40 do not empower the Presiding Officer to take away the ballot boxes to any place out- side the centre and then count the votes. These provisions required that the counting should take place at the centre and as soon as the polling is over. There can be no ......s to any place out- side the centre and then count the votes. These provisions required that the counting should take place at the centre and as soon as the polling is over. There can be no chance of time and place according to the will of the Presiding Officer. If that is done, the sanctity and imp......cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662 ......cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (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)
....m Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ......d these 81 rounds of cartridges along with the reskin and khaki bags, Ext.I series. He prepared seizure List Ext.I, in presence of witnesses. The appellant Nazrul Islam was absent in the house at the time of search. He stated that he deposited the recovered ammunitions to P.W.6 O.C. Chatmohar P. S. ......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ..Category: Arms Law | Date: 2 May, 1975 | Hits: 2
....oudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
......s been alleged in the plaint that due to the negligence of Defendant No.2, the C. I. Sheet which fell from the scaffolding inside the Assembly Hall and caused injuries was loose and unfastened at the time of the occurrence. The plaintiff laid his claim for damages and compensation in respect of vari...... 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
...... 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
..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
....r).
Writ Petition No. 21 & 22 of 1973
Judgment
Fazle Munim J. — These 2 petitions were heard together. The common question raised by the petitioners in these two petitions relates to the validity of Government Notification No. IM-XV-41/72/521, dated 14. 12. 72, by which the ......;s Republic of Bangladesh have decided to sell out some of the abandoned industrial concerns taken over by them, Industrial concerns, the value of fixed assets of which was below Taka 15 lacks at the time of installation, will be sold out under this programme. In, pursuance of the general policy of ......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
..
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)
....ellip;.....Respondents Judgment April 24, 1975 Result: The Rule is made absolute. Cases 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......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 ...... the petitioner forcibly turned him out of the shop on 22.9.71 with the help of some military personnel. The petitioner also got 3 sheets of blank paper signed by him. The respondent No. 2 prayed for recovery of the property in question. 3. The petitioner filed a written objection wherein he st......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)
....h; I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ......e a Sovereign People's Republic of Bangladesh and thereby confirm the declaration of independence already made by Bangabandhu Sheikh Mujibur Rahman and do hereby affirm and resolve that till such time as a Constitution is framed, Bangbandhu Sheikh Mujibur Rahman shall be the President of the Rep......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
....order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ......r. Sultan Mollah. Mr. Amjad Hossain Superimposed the map, Ext. G(II) as directed and the map, report, field book etc. submitted by Mr. Amjad Hossain was accepted without any objection. 7. At the time of hearing, neither party adduced any oral evidence. The learned Subordinate Judge has disposed......s defendant No. 1 in the suit. 2. The plaintiff respondents brought this suit being Title Suit No. 42 of 1943 in the Second Court of Subordinate Judge at Bakerganj for a declaration of title and recovery of khas possession and for mesne profits as well as for a permanent injunction against the ......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....uhammad PLD 1961 Lahore 792; Hariram Rewachand Vs. Pribhdas Mulchand and others AIR 1945 Sind 98; Sangram Singh, Vs. Election Tribunal Kotah and another AIR 1955 (SC) 425.; Varandarajan Vs. Muthu Venkatpathi Reddy and others, AIR 1933 Madras 567; Vendeateswarlu Vs. State of Madras AIR 1954 Madras 58......objection, the case was dismissed for default for the non-appearance of the judgment-debtor. On that day the auction-purchaser appeared by avokalat-nama, and the decree-holder prayed for Further time for filing its objection. On 17.5.71 the Executing Court passed another order ex pane vacating ......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 ......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 ..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
.... This Case is also Reported in: 27 DLR (HCD) (1975) 476 ......oxes, cannot be said in any way, to be spurious. The story of a lost ballot book and of excess ballot papers in the ballot boxes is after-thought in order to help the Petitioner case. 14. At the time of issuing the Rule we were of the view that this being a question relating to certain records ......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)
....in—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, Sylhet where they made the following prayer. “A) A declaration that the plaint......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. ......property and he also held that the prayer for declaration and for injunction was not maintainable. He, however, held that the plaintiff was given a chance to modify the plaint for declaration and for recovery of khas possession giving proper market value of the Tea Estate, in default the suit shall ......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. ..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)
....his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......decree holders. The holding belonged to Uttama Sundari Devi who had left for India. There was an agreement of sale between her and Respondent Abdul Azim who was in possession of the property at the time of contract of sale. Azim in his turn entered into an agreement with the Respondent to transfer......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
..... Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ......n of Section 4 of the said Act before any step was taken for taking possession of the land. Mr. Chowdhury has drawn our attention to the provisions of Section 4 as it stood at the time when the purported requisition was made which was to the following effect: “4(1)-Whe......sions of East Bengal Emergency Requisition of property Act 1948 was illegal and ultra vires and that the demolition of the structure constructed by him on the aforesaid Plot was also unlawful and for recovery of money for a claim for compensation amounting to Rs. 27373/5 annas 6 Paisa from the defen......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 ..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)
....rder as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ......his father's business. Some of these customers were from Syedpur. He has admitted that the partition was not entered round the business and he has also admitted that no accounting was made at the time of partition. He has further admitted that the plaintiff company does not bear the expenses of ...... on business at 6, Ram Prosad Shah Lane, Calcutta. The Company was represented by its partners Walamjee Deoji and Karman Narain who brought this suit against the erstwhile Province of East Bengal for recovery of Tk. 11,000/- by way of compensation and damages for illegal and wrongful attachment and ......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....ny other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......tor of a rival bazar called Rayer Bazar a little away from Algi Bazar. On 14-6-69 Hasan Ali Chowkidar carried, as usual, head loads of pan from Algi Bazar to Sajirpur, at about 8-30p.m. At about that time his son, the complainant who was at home got information that the dead body of his father had b......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
....ee.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......usiness in timber and of Other articles under the name and Style of M/s. Akbar & Co. having approached the defendant Bank for financial assistance, the defendant Bank agreed to advance money from time to time by way of loan on security of stock of timber in the godown of the plaintiff, which is ......tion that the sale of the goods which were placed as security for the payment of the money taken by the appellant as a loan from the said. Bank was void, illegal and without jurisdiction and also for recovery of a sum of Rs. 45,500/-.
This suit was tried analogously with Money Suit No.3 of 1960...... 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
..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
.... 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: ......n 4 of the Repealing and Amending Ordinance No. XIII of 1966, may be made, it turns as follows:— “Nor shall this Ordinance revive or restore anything not in force or existing at the time of its commencement, or affect any law in which any Act, Ordinance or Regulation hereby re......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
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