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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 ......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 ......iqul Islam, the learned Advocate appearing in support of the rule has seriously assailed the impugned order of the Registrar taking the ground that the impugned order of review is illegal and without jurisdiction since the power of review cannot be exercised by the Registrar more than once. Mr. Rafi..

Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2

Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336.   ......dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336.   ......t efficacious. But we think that an application under Article 102 of the Constitution lies, even where an alternative remedy is available, if the impugned order is ex facie void for want of jurisdiction or is violative of any provision of the Constitution. Violation of any provision of the..

Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1

Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144.   ......s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144.   ......t efficacious. But we think that an application under Article 102 of the Constitution lies, even where an alternative remedy is available, if the impugned order is ex facie void for want of jurisdiction or is violative of any provision of the Constitution. Violation of any provision of the..

Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1

Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)

..... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146.       ....... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146.       ......gal. 5. On the pleadings of the parties the following issues were framed; 1. Is the suit is maintainable in its present form? 2. Is the suit barred by limitation? 3. Has the Court jurisdiction to try this suit? 4. Is the suit bad for non-joinder and misjoinder of parties? ..

Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2

Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)

....egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......erred to the office memorandum dated 18-5-74, Annexure (A), of the Government and has contended, firstly that the Office Memo of the Government did not. create any right to the respondents workers in absence of a gazette notification as required under section 4 and 5 of Act XXXII......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ..

Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1

Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)

....tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208.   ......tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208.   ......d that the opposite party was serving in U. K., she was not staying in Bangladesh permanently, she was a psychiatric patient and that if interim custody is allowed she might leave the country and the jurisdiction of the court with the children. The learned District Judge alter hearing the parties by..

Category: Family Law | Date: 20 Jan, 1978 | Hits: 4

Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)

....ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84     ......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84     ......rned Subordinate Judge. He has contended that the principle of res judicata is not at ail applicable to 'this suit firstly, because the court which had tried the former suit had got no concurrent jurisdiction with the court of the Subordinate Judge in which this suit was filed, and secondly, bec..

Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1

Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)

....d when the purchaser's proprietory interest in the touzi extinguished by the whole-sale state acquisition. If the notice of annulment had been issued after the extinction of his interests, it was totally useless. A postal receipt invariably shows the date of issue Absence of the data of issue of...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..

Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2

Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)

....d when the purchaser's proprietory interest in the touzi extinguished by the whole-sale state acquisition. If the notice of annulment had been issued after the extinction of his interests, it was totally useless. A postal receipt invariably shows the date of issue Absence of the data of issue of...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..

Category: Property Law | Date: 16 Jan, 1978 | Hits: 2

Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)

....nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94.     ......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94.     ......Appendix 5 of the Original Side Rules of this court lays down as follows:- “where no other provision is made by these rules proceedings in suits brought in the Court in the exercise of the jurisdiction under the Colonial Courts of Admiralty Act, 1890 shall be regulated by the rules and pr..

Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39

Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)

....ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97     ......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97     ...... court according to law. 2. Mr. Md. Nurul Huq, the learned Advocate appearing in support of the Rule has placed the relevant provision of law to contend that the learned District Delegate had no jurisdiction to entertain an application for revocation of a probate, According to him; it is only t..

Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8

A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)

....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......ge was not justified in forfeiting the surety money without due consideration of the explanation submitted by the sureties and without making enquiry if the plea of the accused as to the cause of his absence on 8.7.74 was true or not. 6. Chowdhury Juhanara, the learned Ad­vocate appearing f...... with and the High Court would not be justified in interfering in revision where there was no possible prejudice on the ground that the proceeding of the Sessions Judge under Section 514 were without jurisdiction as he had before him neither any proof that the bail bond had been forfeited nor did he..

Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1

Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)

....e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ...... আদেশ হয়”।   Mr. Mohammad Habib Ahmed, the learned Advocate for the petitioner contends before me that the order dated 3-7-77 passed by the learned Magistrate is without jurisdiction for the reason that by his order the learned Magistrate found possession of the dispute..

Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1

Md. Abdur Rasheed Vs.

....tiff is still in service. In the result, the appeal is allowed with costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 231.   ......y of persons is empowered to take decisions after expost facto investigation into facts which would result in consequences affecting the person, property or other right of another person, then in the absence of any express words in the enactment giving such power excluding the application of the pri......tiff is still in service. In the result, the appeal is allowed with costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 231.   ..

Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2

Benoy Bhusan Bardhan and others Vs. Sub-Divisional Offi­cer, Brahmanbaria and another, 1977, 6 CLC (AD)

....e concern­ed, were without lawful authority. In the result the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 149. ......dian as the case might be or some other person, as might be authorised by such Deputy or Assistant Custodian and to nobody else. 24. In paragraph II of the Writ Petition the contention as to the absence of necessary authority of the Sab-divisional Officer on the ground that he was neither the D...... the management and protection of the property and the Custodian might very well under the said pro­vision delegate his authority to manage the property to the Sub-divisional Officer within whose jurisdiction, the property might be situated, for the sake of efficient management and proper protec..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)

....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230.     ......rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230.     ......rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230.     ..

Category: Property Law | Date: 25 Nov, 1977 | Hits: 2

Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)

.... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407   ...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407   ......to be made out in the petition. Hence the above Rules. 5. Mr. Md. Abdur Rouf, the learned Advocate in support of the Rules contended before me that the learned Court below failed to exercise its jurisdiction in deciding the scope of Order 9, rule 13 of the Code of Civil Procedure in a..

Category: Property Law | Date: 17 Nov, 1977 | Hits: 2

Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)

.... years 1963-64 to 1969-70 on the basis of the particulars of oil storage tanks submitted on 5th July, 1969 were under assessed as the valuation of the oil tanks were made on capacity basis taking the total capacity at 29.281,68 gallons in place of 29.281,68 gallons and the petitioner's represent......years 1957-58 to 1963-64 are cases of escaped assessment. Assessment for the years 1970-71 to 1972-73 arc cases of fresh assessment. 9. In this context the learned Advocate submitted that in the absence of any specific provision making rule 10 retrospective the Assessing Officer acted without j......ed to get any relief from the respondents, filed this application contending, inter alia, that the assessment orders in respect of the said 16 years under rule 10 with retrospective effect is without jurisdiction and without any lawful authority; and that the oil storage tanks having no letting valu..

Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4

Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)

....The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179.     ......fter called the Ordinance). 15. On the question of title, the learned Additional District Judge has found that although the plaintiff admitted having an unregistered document of partition in the absence of that document the Court could not properly decide the claim of the plaintiff to be the so...... suit must be for recovery of money (b) the claim demanded to be set-off must be an ascertained sum of money (c) it must be legally recoverable from the plaintiff (d) it must not exceed the pecuniary jurisdiction of the Court (e) both parties must fill the same character as they fill in the plaintif..

Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1

Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)

.... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244.   ...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244.   ...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244.   ..

Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8