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Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 ......as posted as Deputy Secretary, Pakistan Tariff Commission. He received training in the Pakistan Administrative Staff College in 1970 and when his promotion as Joint Secretary was due he was sent to Oxford by the Government with a British Scholarship for a post-graduate diploma in Economic Developmen......er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 .............Respondents Judgment July 19, 1978. Result: The rule is made absolute in part. Cases Referred To- 30 D.L.R. (SC) 96S; M. Saleh (1975) 27 DLR 328; 27 DLR 353. Lawyers Involved: Syed Istiaque Ahmed, Mahmudul Islam- For the Petitioner. Anwarul Hu..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ...... DLR (SC) 246; Moslem Fakir and others Vs. Ainuddin Talukdar and others (1965) 17 DLR 705. Lawyers Involved: Syed Azizul Huq, Syed Moinul Huq-For the Petitioner Fakhrul Islam for Shah Md. Sharif-For Opposite Parties. Criminal Revision No. 786 of 1974. Order ......e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ...... Syed Ahmed Jamil Vs. Kabir Ahmed (1970) 22 DLR 231; Malik Manjur Elahi Vs. Lala Bishambar Das (1964) 16 DLR (SC) 246; Moslem Fakir and others Vs. Ainuddin Talukdar and others (1965) 17 DLR 705. Lawyers Involved: Syed Azizul Huq, Syed Moinul Huq-For the Petitioner Fakhrul Islam&n..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)
....is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......aring respondent No. 2 a defeated candidate, as duly elected Chairman on an election-petition, under Local Government Ordinance; 1976. 2. The petitioner had contested an election held on 24-1-77 for the office of Chairman of Shamudaylathi Union Parishad of Swarupkathi P.S. in the district of Ba......is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......ublic servant holding whole-time office of profit so as to come within the mischief of Article 9 (2)(e) of the Local Government Ordinance and thereby disqualified to become Chairman. Lawyers Involved: Khondker Mahbubuddin Ahmed, Shafiqur Rahman-For the Petitioner Sham..Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ...... property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent for which the land was sold out in the execution of a rent decree and the right of redemption of the...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ......s. Babu Lal Sahu, AIR Patna 382; Jamila Khatun Chpudhury Vs. Mahamud Khatun Choudhury, AIR 1918 Cal. 192; Isar Nonia Vs. Karinam Panday, AIR 1958 Patna 353;Jay Prasad Choubay Vs. Mt Jasoda, 649. Lawyers Involved: M A. Mutalib- For the Appellant. Kazi Ebadul Huq, for B.N. Choudhury-Fo..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......d asserting that the value of the property was correctly shown in the relevant sale deeds. The respondent submitted also a statement of his income salary and other sources to show that the price paid for the property was legally earned by him. 4. The said Screening Board rejected his explanati......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ...... Vs. Shivabasappa Makapur, AIR 1963 (SC) 375 (377); Board of Education Vs. Rice, 1911 AD 179 (182); Government Board Vs. Arlidge 1915 AC 120; Abdul Kashem Vs. Bangladesh, (C A. No. 138 of 1977). Lawyers Involved: K.A. Bakr, Attorney-General with B.B. Roy Chowdhury, instructed by D. Hossai..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ......ise under the administrative control of the Bangladesh Textile Mills Corporation established under the President's Order No. 27 of 1972. These respondents had filed the Industrial Dispute Cases before the Labor Court u/s 34 of the Ordinance for enforcement of certain rights which, they......nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ......& others.............Petitioners Vs. Din Mohammad & others.....................Respondents Judgment July 5, 1978. Result: Both the rules are made absolute. Lawyers Involved: K.A. Bakr, Attorney-General—For the Petitioner. Zamiruddin Sa..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
....d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424. ......ing, to make the preliminary decree final on the ground that the application was made after a long lapse of 43 years. The learned Munsif, however, noticed an order dated 16.4.31 striking off the suit for non-compliance of certain order of the Court. 2. At this stage there is no dispute that one......d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424. ...... Result: The Rule is made absolute. Cases Referred to- Lachmi Narayan, 29 C.W.N. 391 (P.C.); Kambala Sandararojamma, AIR 1932 Mad. 519; Lichmi Narayan Tewari, AIR 1925 Pat. 433. Lawyers Involved: Nizamuddin Haider—For the Petitioner. M. A. Sattar—For Oppo..Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
....n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......(8)
Appeal from appellate decree No. 334 of 1964
Judgment
M.H. Rahman J. - In this appeal defendant No. 1 calls in question a judgment of affirmance decreeing the plaintiff's suit for partition in preliminary form.
2. The plaintiff claimed partition or schedule 'Kha'......n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......ath Halder and others 61 C.W.N. 875; Jugal Chandra Mondal Vs. Manindra Nath Mondal and others 62 C.W.N. 244; Sm. Siba Rani Debi & others Vs. RamandraNath Mukherjee and others, 66 C.W.N. 828.
Lawyers Involved:
Miah Abdul Gafur- For the For Appellant
Moksudur Rahman-For Respondents ..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......bdur Rahman Chowdhury. - This appeal arises out of an order of conviction under Section 302 read with Section 34 of the Penal Code sentencing both the appellants to transportation for life. While concurring with the main judgment just delivered by my learned brother Afzal, J......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ............................Appellants Vs. The State....................................................Respondents Judgment June 13, 1978. Result: The appeal is allowed. Lawyers Involved: Mostafa Kamal—For the Appellant. Humayun Habibur Rasul—For ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
.... Services it regulated by an Act of Parliament. But at the moment Respdt. No. 6 is holding the official of both the Chief Martial Law Administrator and the President of Bangladesh under the Proclamation of 20th August 1978 read with subsequent Proclamations and Amendments and his position ......ution calls in question an order of the Returning Officer and Secretary, Election Commission (Respondent No.1) accepting the nomination papers submitted by respondent No. 6 Major General Ziaur Rahman for election to the office of President under the Presidential Election Ordinance, 1978. 2......Government of Bangladeshby an order dated 28-4-78 (Annexure-B) published in the Bangladesh Gazette. According to this amendment, an officer of the Bangladesh Army holding the office of the Chief Martial Law Administrator is now qualified for seeking any election. This amendment has been made by....................Petitioner Vs. Returning Officer & others...................................Respondent Judgment June 2, 1978. Result: The application is rejected. Lawyers Involved: K S. Nabi, A. Hasib-For the Petitioner. K. A. Bakr, Attorney-General, An..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
..... A. Bakr, the learned Attorney General on wham a notice of the applications was served has appeared Jo oppose the applications. The learned Attorney General has referred to certain provisions of the Proclamations and Martial Law Regulations and Orders and contended that in view of these Proclamatio...... of Bangladesh under the Presidential Election Ordinance, 1978, briefly the Ordinance. The petitioners are 'voters' having their names registered as "electors" in the electoral Roll for the President's Election, and their prayer is that the said Notification should be declared ......rned Attorney General on wham a notice of the applications was served has appeared Jo oppose the applications. The learned Attorney General has referred to certain provisions of the Proclamations and Martial Law Regulations and Orders and contended that in view of these Proclamations and Martial Law......etitioner Vs. Election Commission of Bangladesh and another.....Respondents (In Petition No.447 of 1978) Judgment May 31, 1978. Result: The prayer is rejected. Lawyers Involved: Dr. Aleem-Al-Razee, Ahmad Husain, Mohammdd Abdur Rouf—For the Petitione..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....ause (g) the jurisdiction of the superior Courts has been ousted on a very limited ground, namely (i) the Court shall have no power to question in any manner whatsoever or declare illegal or void the Proclamation or any Martial Law Regulation or Order; (ii) nor any order made under the Proclamation ......t Badrul Haider Chowdhury J.-. This is directed against an order of conviction passed in Martial Law Case No. 6 of 1977 by Special Martial Law Court No. II, Dacca sentencing the accused to death for declaring the same to have been passed without any lawful authority and is of no legal effect an......he Respondents. M. H. Khandkar—Amicus Curiae. Writ Petition No. 345 of 1978. Judgment Badrul Haider Chowdhury J.-. This is directed against an order of conviction passed in Martial Law Case No. 6 of 1977 by Special Martial Law Court No. II, Dacca sentencing the accused to ......Anisminic Ltd, 1969 (2) Appeal Cases 147; Kefhabananda AIR (SC) 461; Actoan Afzal (1969; 21 DLR (SC) 123; State of West Bengal Vs. Anwar Ati AIR 1952 (SC) 92; Kangeshari Haldar AIR 1960 (SC)457. Lawyers Involved: Serajul Huq, Amir Hossain Khandkar, Zakir Ahmed, Suranjit Sen Gupta, Sohrab H..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
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 ......es are directed against two orders of the learned Munsif in two different proceeding under section 143A of the State Acquisition and Tenancy Act. The learned Munsif rejected the application for addition of parties in each of the proceedings. 2. One Rahul Amin Sardar filed an applicati......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 ......Sailuddin Sardar & others…………………Opposite Parties (In C.R. 446/75) Judgment May 2, 1978. Result: The Rules are discharged. Lawyers Involved: A.F.M. Shahid-For the Petitioner. M. B. Rahman-For Opposite parties. ..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. ......, 1960 SC 1949; Sri C.P.J. Temple Vs. Harikrishna, A.I.R. 1973 SC 2565; Roshan and others Vs. Mst. Abedur Nessa and others reported in PLD 1963 Dacca 712. Lawyers Involved: Md. Abdur Rashid for B.B. Roy Chowdhury—For the Appellants. B.N. Chowdhury—For the Respondents. ......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. ......takhoolie Tea Estate Vs. Its Workmen AIR, 1960 SC 1949; Sri C.P.J. Temple Vs. Harikrishna, A.I.R. 1973 SC 2565; Roshan and others Vs. Mst. Abedur Nessa and others reported in PLD 1963 Dacca 712. Lawyers Involved: Md. Abdur Rashid for B.B. Roy Chowdhury—For the Appellants. B.N. C..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. ......ppeal lies from that order. Dismissal under section 8B (3) of the Court 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 summ......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. ......tary of State for India in Council and another, 44 C.W.N. 745); Sudhir Kumar Chatterjee Vs. Mahadeb Chakraborty & ors., 52 C.W.N. 685; Mahalaxmi Devi Vs. Bamacharan, A.I.R. 1953 Calcutta 42. Lawyers Involved: Latifur Rahman—For the Appellnt. Syed Mohammad Ali—For Respo..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
...... 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 that the plaintiff petitioner instituted a suit fo......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
......
Vs.
The Deputy Custodian, Enemy Property Management Board……....Opposite Parties
Judgment
April 14, 1978.
Result:
The rule is made absolute
Lawyers Involved:
B.N. Chowdhury, with Kazi Ebadul Huq— For the Petitioner.
Md. Yahy..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......1978. Result: The rules are made absolute by allowing applications. Inter-connection and inter-dependence of the two firms- The incomes of the two firms should be tagged together for the purpose of assessment. While two firms are closely interlinked in that the capital of t......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......ellip;.(7) Cases Referred to- Vissonji Sons & Co. Vs. Com. of Income Tax, Income Tax Report Vol. 14 of 1946, 272; Ladhu Ram Taparia Vs. Com. of Income Tax Cal. I.T.R. Vol. 44, 521. Lawyers Involved: Mozzammel Hoque Bhuiyan, Mrs. Rabia Bhuiyan—For the Appellants. ..Category: Corporate Law, Fiscal/Taxation 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. ......sh;This Rule, at the instance of the petitioner, 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 declare......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. ......arte MEREDITH (1950) 2 All. E. R. 741, Thorne Vs. University of London, (1966) 2 All F.R. 338. Kindersley Vs. C Shafiqur Rahman Vs. Certificate Officer, Dacca and another, (1977) 29 DLR SC) 232. Lawyers Involved: A. B. M. Nurul Islam, Advocate—For the Petitioner. Syed Ishtiaq Ah..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. ......lication under Order 7 rule 11 of the Code of Civil Procedure filed by the defendant. 2. Facts leading to this Rule, in brief, are that the plaintiff opposite parties instituted a suit for permanent injunction against the defendant petitioner and others. The suit was contested by the ...... 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. ...............................Petitioner Vs. Ashraf Ali and others..................................Opposite Party Judgment April 7, 1978. Result: Rule is made absolute Lawyers Involved: S.S. Roy Chowdhury with Abdur Rashid—For the Petitioner. Aleem-al-..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 ......tion as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing up formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” ......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 ...... G.W.N., 351; A.I.R. 1958 (Punjab), 47; A.I.R. 1962 (Madhya Pradesh), 104; A.I.R, 1965 (Rajasthan), 143; 17 DLR (SC), 392; Biqui Baluch, 20 D.L.R.(SC). 263; Yakub Vs. Basu, 50 Cr. L. J. 299 S. B Lawyers Involved: Moksudur Rahman, with M. A. Barek— For the Petitioners. Ahmed Sobh..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
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