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Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......lication for addition of parties in each of the proceedings. 2. One Rahul Amin Sardar filed an application under section 143A of the State Acquisition and Tenancy Act for correction of record of right in respect of the properties mentioned in the schedule to the application. It is kha......al defendant. (5) Subject to the provisions of the Indian Limitation Act, 1877, section 22, the proceedings as against any person added as defendant shall be deemed to have been only on the service of the summons.” 8. Assuming, as Mr. Shahid contends, that in the instant proceed..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......iff as to a settlement of a tank. The learned single Judge of the High Court, however found that the lower appellate did not base his decision solely on this but on examination of the evidence on the record found independently thereof that the plaintiff took her alleged settlement and had been in ac......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......that date on a perusal of a registered kabala dated 15.9.62 with regard to the Suit land, the learned Munsif found that the suit land was purchased by the defendant Nos.1 and 2 front the heirs of the recorded tenant for a consideration of Rs. 1550/- From the endorsement in the kabala, the learned Mu......t Fees Act cannot be a rejection of the plaint but is a dismissal of the suit. Rejection of the plaint is provided for in section 6(2) of the Court Fees Act and that is at a time before the service of summons. There is a clear distinction between the wording used in the two sections 6..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
....made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
......Munsif allowing opposite parties Nos. 6 to 11 to be added as defendants in this suit.
I have heard the learned Advocates and perused the impugned order, the petition and the counter affidavit on record. The records of the case were not called for.
2. Short facts leading to this rule are th......made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
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Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......titioner, is directed against the respondents to show cause as to why the publication of the result of the examination of Master's Degree in Library Science for the year 1974 without providing in-service training for Part I of Paper 8, should not be declared to have been made without lawful auth..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
.... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ......r 7 rule 11 of the Code. Hence the present Rule at the instance of defendant No. 1. I have heard the learned Advocates and perused the impugned order, petition and counter affidavit on record. The records of the case were not called for. 3. With regard to the application under Or...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......p has exhaustively dealt with the meaning, scope and extent of section 145 Cr.P.C. It has been stretched:- “In such case important thing is to see whether there were materials on record upon which the satisfaction of the Magistrate could be at all grounded. If there exist such m......another (1974) 26 DLR 391 a Division Bench consisting of Mr. lattice Fazle Munim and myself took the view that without compliance with the provision of sub-section (3) of section MS Cr.P.C. regarding service of notice; a Magistrate is not empowered to past an order of attachment of the disputed prop..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......p has exhaustively dealt with the meaning, scope and extent of section 145 Cr.P.C. It has been stretched:- “In such case important thing is to see whether there were materials on record upon which the satisfaction of the Magistrate could be at all grounded. If there exist such m......another (1974) 26 DLR 391 a Division Bench consisting of Mr. lattice Fazle Munim and myself took the view that without compliance with the provision of sub-section (3) of section MS Cr.P.C. regarding service of notice; a Magistrate is not empowered to past an order of attachment of the disputed prop..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....ntested the suit by filing a written statement where he stated, inter alia, that Jasmat Sardar was a recorded occupancy raiyat and defendants 3, 4 and 5 were the heirs of Jasmat Sardar and he derived good title by purchase from them. His further case is that the landlords were present at the time of...... plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the suit land by evicting the defendants. The plaintiffs' case, in short, is that the suit land was recorded in C.S. Khatian No.160 of mouza Borai and the plaintiffs, by an amicable partition amongst ......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ...... sold away his interest in the land to the added plaintiffs 2 and 3 the plaintiffs were not entitled to any relief. 4. The learned Munsif dismissed the suit after considering the evidence on the record. He held that Ext. B, the patta, was a lease for 20 years from Poush 1367 to Agrahayan 1387 B......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......logously and are being disposed of by this judgment. Leave was granted to consider the following question: “Whether in the facts and circumstances of the case termination of the services of the petitioner, who is admittedly a permanent employee of the Bank, under Regulatio..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
...., any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
...... principle of natural justice. But on perusal of the affidavit in opposition along with the clarification of the Respondents in Annexure-E we find that this contention got no basis whatever. It is on record that two proceedings were drawn against the misconduct with the Director committed on 24. 2. ......7 (Annexure-G) of respondent No. 3, Director, Bangladesh Council of Scientific & Industrial Research Laboratories, hereinafter referred to as, the 'Council' dismissing the petitioner from service on ground of misconduct.
2. Case of the petitioner is that he joined the service of the..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ......d only under section 8 Section 4A is quoted below: “4A 1). An appeal against an order made under section 3 shall, if presented within 30 days from the date of service of the order, lie to the Commissioner. (2) The provincial Government may, at any time, ..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)
....s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124. ......s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124. ......ications under Article 102 of the Constitution have been directed against a single order of a Labour Court, being order dated 26-8-77 of the Chairman, 1st Labour Court, Dacca reinstating in service four workers of an industrial establishment. All these rules have been heard together and ar..Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ....... Harbottle is not applicable where an individual member sues not in right of the Company but on his individual right as a member and in. this case a shareholder successfully compelled the Company to record his vote. The question which comes up for our decision is the resolution that was purported t......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
.... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ......ts in the in the suit- The principle guiding the abatement of an appeal in part or as a whole was, whether, in the event of the appeal being decided at the instance of the surviving appellant on record, it would or would not result in two inconsistent or contradictory decisions. Another test is...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....scinded to the detriment of these rights. Mr. Ismail Jafar's case, cited by Mr. Mostafa Kamal, is also of not much assistance to us. In that case it was held that the government was competent for good reasons to cancel an earlier order published, communicated and acted upon and in pursuance of w...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ...... on the above mentioned pay scale. He made a representation on September 1, 1972 to the Minister-in-charge of the Ministry of Communication to review the acceptance of his resignation and utilise his service as an engineer in the war-torn country, and later, on October 18, 1972, in another represent..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....f both the courts below are set aside. There will, however, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
......ndustrial units in one of which respondent 2 was an employee. The Corporation's authority to transfer respondent No. 2 has remained unchallenged. Mr. Asrarul Hossain has referred, to the evidence recorded by the learned Chairman of the Labour Court and has contended that there is absolutely noth......f both the courts below are set aside. There will, however, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
..
Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
....d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
......d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
......rker who was earlier dismissed by his employer.
2. Mr. Shaheed Alam, the learned Advocate appearing in support of the rule has contended that the worker, respondent No. 2 had been dismissed from service by the petitioner employer by an order dated 11-3-75 and as such he ceased to be a worker wi..
Category: Labour and Industrial Law | Date: 6 Feb, 1978 | Hits: 3
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......lie against any order, decision or award passed In accordance with this Act, and every such order, decision or award shall be final, 135(1) The Provincial Government may gall for and examine the record of any enquiry or Inspection held or made under this Act of the proceeding of the Registrar o......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
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