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

....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   ......ew International personality in the shape of the sovereign State of Bangladesh took place on the 26th March, 1971 in accordance with the declaration of independence made by Bangabandhu Sheikh Mujibur Rahman on the said day at Dacca, and confirmed by the Proclamation of Independence issued by the Peo......5. Lawyers Involved: Moinul Hossain, Mozammel Hoque Khan —For Petitioner (In both the Rules). M. Hafizullah—For Opposite Party (In both Rules). Civil Revision Nos. 628 and 629 of 1973 Judgment D. C. Bhattacharya J. —These two rules raise a certain ques..

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

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

.....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 ......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   ......al, 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 Appellant. Habibur Rahman, Md. Ayub Shah & Md. Sharif—For the Respondent. F. A. No. 235 of 1968 Jud...... Vs. Babu Indu Bhusan Gupta & others ................Respondents Judgment April 17, 1975 Result: The appeal is dismissed. Cases referred to- Satyadhran Ghosal and others Vs. Smt. Deorajin Debi and another, A.I.R. 1960 (S.C.) 941; Sundar Ahir and others Vs. Ph..

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

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

....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......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     ...... DLR (HCD) (1979) 275     ...... 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 1961 Lahore 792; Hariram Rewachand Vs. Pribhdas Mulchand and others AIR 1945 Sind 98; Sangram Singh, Vs. Election Tribunal Kotah an..

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

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

....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       ......Reported in: 27 DLR (HCD) (1975) 476       ......bsp;     ..

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

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

.......................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.......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. ......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. ......sion (Civil Revisional Jurisdiction) Present: A. I. Chowdhury J K Hossain J Sree Sree Radha Krish­na Deities..........................Petitioner Vs. Bangladesh and others.......................................Opposite parties Judgment March 5, 1974. ..

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

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

....7 DLR (HCD) (1975) 541     ......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     ......w of the learned Subordinate Judge there had not been any service of the Order of requisition, in this connection the learned Advocate has drawn our attention to the following observation of Hamoodur Rahman J. (as he then was) of the Supreme Court of Pakistan in the case of Md. Ismail Vs. Province o......diction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent Judgment ..

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)

....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.   ......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.   ...... commit the breach of the convenant that he entered into deliberately with the plaintiffs on the occasion of and as consideration for his employment as managing director," Chief Justice Hamoodur Rahman in the decision in the case of the President Vs. Mr. Justice Shaukat Ali reported in PLD 1971.................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; President Vs. Mr. Justice Shaukat Ali, PLD 1971 (SC) 585 relevant page a..

Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3

Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)

....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 ......ip;………....................Respondent Judgment January 21, 1975. Result: The order of conviction and sentence is set aside. Lawyers Involved: Rafique Rahman—For the Appellants. Moazzem Hossain—For the State. Criminal Appeal No. ......nt Vs. The State……………………....................Respondent Judgment January 21, 1975. Result: The order of conviction and sentence is set aside. Lawyers Involved: Rafique Rahman—For the Appellants. ..

Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2

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

.... 27 DLR (HCD) (1975) 523   ...... 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   ......e against Mr. M. A. Halim, the Manager of the Bank, of misappropriation of the Hypothecated stock of timber and an investigation was started against him by the Anti-corruption Bureau. Mr. Md. Habibur Rahman, Inspector attached to the Bureau of Anti-corruption, has been examined as defense witness No...... - 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

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

.... an application was filed for condonation of the said delay. 5. Mr. Ahmad Sobhan, learned Counsel for the appellants submitted that the appellants Advocate Mr. Abu Backkar entrusted his clerk Md. Abdur Razzaq to check up the fortnightly and the daily cause lists which was his usual duty but......e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ......cember 18, 1974. Result: The appeal is allowed. Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by Abu Backkar, Advocate-on-Record-For the Appellants. Mahbubur Rahman, Advocate, instructed by S.S. Hoda, Advocte-on-Record-For the Respondent No.1. Criminal...... Supreme Court Appellate Division (Criminal) Present: AM Sayem CJ Syed AB Mahmud Husain J Muhammad Abdullah Jabir J Ahsanuddin Choudhury J Abul Hossain and another………………......Appellants Vs. Farrok Ahmed and another……………..

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

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

.... 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 (......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.   ......Aminul Haque Vs. The Crown (1951) 3 DLR (FC) 518(526) Lawyers Involved: Md. Nurul Huq with Rabi Bhuiya and Mozammel Hoque Bhuiy—For the Petitioners (In all the revisions) Latifur Rahman—For the State (In all the revisions) Criminal Revision No. 176 of 1970 and C. R. N...... DLR (HCD) (1978) 237.   ..

Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2

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

....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 ......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 ......tements made by the petitioner. It was stated that the petitioner was an active member of the so-called "Islami Samajbadi Muslim Bangla Biplobi Sarkar" formed in June, 1972, by A.K. Habibur Rahman alias General Habib Khan. The said General who is the Chief of the organization disclosed in ......R (SC) 403-Golam Jilani Vs. The Government of West Pakistan, P.L.D. 1967 (SC) 373, Abdul Baki Vs. The Government 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. ..

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

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

....i, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160   ......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 agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160   ......ction) Present: Md. Habibur Rahman J Syed Mohammed Ali J Gura Meah Shah & others ………………….Petitioners Vs. Zahir Ahmed and others.....................Opposite Patties Judgment February 7, 1984. Result: ..

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

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

....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......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.   ......ome 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 Opposite parties. Revisio...... Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1.   ..

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

Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)

....de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393         ......de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393         ......ul to consider the report-in little detail. We quote from the enquiry report as under: "From the examination of the witnesses namely, Mr. Harun Rashid Despatch Clerk, L.D.C. and Mr. Habibur Rahman, H/C and the Issue Register it appeared that on many previous occasions during the absence of......made absolute. Government Service- Dismissal of on the ground of Corruption practice The petitioner was charged under the allegations of misconduct, gross interference with the office work and corrupt practices under the East Pakistan Government Servants (Efficiency and Discipline) Rules,..

Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1

Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)

....85; Ashaf Ali Vs. Bayla Hadsa and others, 17 D.L.R. (Dacca; 593); Sheikh Ayezuddin Vs. Priya Sankar Choudhury, 6 D.L.R. 595; Abdul Shakerb Saheb Vs. Abdul Rahman Sahib, I.L.R 46 Madras 148; Chowdhury Md. Sarwar Vs. Shahadat Hossain Khan and others (F.M.A. 16 of 1970); Ramdhani Ram Vs. Sital Prasad R......tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......;    July 11, 1973. Result: The rule is discharged Cases Referred to- Shah Wali Vs. Ghulam Dim, 19 DLR, S.C. 143; S.M. Yousuf and another Vs. Khandker Hafizur Rahman and others, in Civil Revision case No. 326 of 1962; Azizul Hoque and others Vs. Shuasini Ghos...... This Case is also Reported in: 27 DLR (HCD) (1975) 232. ..

Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1

National Bank of Pakistan, represented by the Supdt. of Admn. Local Principal Office, Motijheel, Dacca Vs. Third Lobour Court, Khulna, 1973, 2 CLC (HCD)

....n) Present: K. Hossain J M. N. Huda J National Bank of Pakistan, represented by the Supdt. of Admn. Local Principal Office, Motijheel, Dacca........Petitioner Vs. 1. Mr. Md. Golam Mostafa, Ex-Junior Clerk; National Bank of Pakistan, Khulna. 2. Third Lobour Court, K......esire, to re agitate the matter before the Labor Court. We make no order as to costs. M.N. Huda J.- I agree.  This Case is also Reported in: 27 DLR (HCD) (1975) 158.   ......esire, to re agitate the matter before the Labor Court. We make no order as to costs. M.N. Huda J.- I agree.  This Case is also Reported in: 27 DLR (HCD) (1975) 158.   ...... In the matter of an application under Article 98 of the late Constitution of the Islamic Republic of Pakistan, 1962 read with Article 5 of the Proclamation of Martial Law dated 25th of March, 1969 and Article 62; of the Provisional Constitutional Order dated the 4th of April. 1969. Judgment ..

Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1

Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)

....lso Reported in: 27 DLR (HCD) (1975) 163   ......is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163   ......ne in first Appeal No. 503 of 1968 by another Division Bench of this Court. He refers to an unreported decision of this Court in F. A. 503 of 1968 (The district Council of Comilla Vs. Mr. M. Khalilur Rahman). It was an appeal, by the Govt. against the order of the trial Court setting aside an order ......y of Information, Dacca……………………………Respondents Judgment March, 20, 1973. Result: the Rule is discharged and the order of stay is vacated. Case Referred to- M. Noman Vs. Dacca Improvement Trust a..

Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4

Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)

.... Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ......le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ......ing defendants further was that in Agrahayan, 1359 B.S. defendants No.1 constructed a 'golpata' hut in the northeastern corner of the suit land, let out the same to Rahamatullah Mollah alias Abdur Rahman Mollah at a monthly rental of Rs.5/-; and thus defendant No.1 acquired good title in the sui......sion (Civil) Present: AM Sayem CJ Muhammad Abdullah Jabir J Md. Shahed Faruque………………..........................Petitioner Vs. Mosammat Matiunnessa Khatun and others........Respondents Judgment February 2, 1973. Result: The Rule is d..

Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3

Dinajpur Industries Ltd Vs. M/s. Hardeo Glass, Alu¬minium, Enamel & Sili¬cate Works, 1972, 1 CLC (HCD)

....Hardeo Glass, Alu­minium, Enamel & Sili­cate Works……Opposite Party Judgment August 10, 1972. Result: The rule is discharged. Lawyers Involved: Md. Joynul Abedin—For the petitioner. Shah Md. Sharif, H.K.Abdul Hye—For the oppos......s. The suit is pending for a long time. It may be disposed of as expeditiously as possible. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 158. ......- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 158. ......nst an order dated 2-3-76 passed by Mr. M. H. Rashid, Subordinate, 1st Court, Dacca in Money Suit No. 7 of 1968 rejecting the contention of the defendant petitioner that the suit was not maintainable and that the Small Industries Corporation has no lawful authority to institute the suit and to proce..

Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2