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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. ......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 op formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” ......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. ......R. (SC), 290-PLD 1964 (SC), 673; Biqui Baluch; 20 D.L.R. (SC). 263; Yakub Vs. Basu, 50 Cr. L. J. 299 S. B.; A.I.R. 1958 (Punjab) 47, A.I.R. 1962 (Madhya Pradesh,) 104; A.I.R 1965 Rajasthan, 143. Lawyers Involved: Moksudur Rahman, with M. A. Barek— For the Petitioners. Ahmed Sobh..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ......No. 297 of 1963 allowing the appeal and reversing the judgment and decree of Mr. A. M. Khan, Munsif, 3rd Court, Patuakhali in Title Suit No. 299 of 1962. 2. The plaintiff-respondent filed a suit for declaration of his title in the suit land and confirmation of possession therein. His case, in b......r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ......ppellate Court in this regard is final and cannot be opened in second appeal, when the same is not based on any material mistaken assumption or misconstruction of any document……(8) Lawyers Involved: Md.Yasin—For the Appellant. Syed Moinul Haque—For the Respon..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....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. ......the decision of the Subordinate Judge, Bogra, in Title Appeal No.36 of 1963 reversing that of the Munsif, 3rd Court, Bogra in Title Suit No.183 of 1961. 2. The plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the suit land by evicting the defendants......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. ......s. Prem Dasi (1967) 19 DLR 371; Sona Mia Vs. Momraj Bhuiya (1974) 26 DLR 245; Promotha Nath Chowdhury and others Vs. Kumir Mondal Alimuddin Munshi Vs. Mainuddin Talukdar (1962) 14 DLR 725. Lawyers Involved: A. T. M. Kamrul Islam—For Appellant. B. N. Chowdhury—For Res..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. ......gment of the learned Munsif, 1st Court, Madaripur, in Title Suit No. 244 of 1962. 2. The plaintiff's case, in brief is that plaintiff No. 1 was in need of money and approached the defendants for a loan of Rs.100/- but he was refused. Thereafter it was agreed that plaintiff No. 1 would execu......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. ......llip;……………Appellant Vs. Abdur Rahman Howladar................Respondent Judgment March 15, 1978. Result: The appeal is dismissed. Lawyers Involved: M. A. Khakd—For the Appellant. No one—For the Respondent. ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
....ed the contention of Mr. Asgar that the Council is a local authority. This Ordinance has come into force on 2nd February, 1978 and H has been made and promulgated by the President in pursuance of the Proclamation of the 20th August, 1975 and 8th November, 1975 and in the exercise of all powers enabl......lthough he had been charged with some minor offence punishable by censure, stoppage of increments etc. He submitted a representation to the respondents demanding justice. Thereupon, the respondents informed him that he was in fact dismissed in connection with a different proceeding drawn on a charge......, 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
......ca and others.………………Respondents
Judgment
February 27, 1978.
Result:
The prayer is refused.
Case Referred to-
29 D.L.R. 41
Lawyers Involved:
K.S. Nabi, A. F. AliAsgar—For the Petitioner.
S. R. Paul, wit..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
....ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
......mdash;This application by the Commissioner of Sales Tax, Chittagong Zone, Chittagong is under section 17(1) of the Sales Tax Act as amended by Finance Order, 1972. The short facts necessary for appreciating the question of law arising out of the order of the Income Tax Appellate Tribunal a......ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
......icant
Vs.
Amin Jute Mills Limited, Sadarghat Road, Chittagong.......................Respondent
Judgment
February 17, 1978.
Result:
The application is rejected.
Lawyers Involved:
Mozammel Hoque Bhuiyan—For applicant.
Rafiqul Haque and T. Islam&..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)
....he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ......eclaring a defeated candidate, namely respondent No. 2 duly elected Chairman in his place. 2. Case of the petitioner is that an election was held on 19-1-77 in which he and respondent No. 2 contested for the office of Chairman. Immediately on the close of the poll in three polling stations of the Un......he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ..............Petitioner Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another.......Respondents Judgment February 17, 1978. Result: The rule is made absolute. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Md. Shafiqur Rahman—For the Petitioner. ..Category: Election Law | Date: 17 Feb, 1978 | Hits: 7
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. ......ther and are going to be disposed of by this judgment. 2. Respondents Sultan Ahmed, Meser Ali, Hiran Mia and Abu Saleque had respectively filed Complaint Cases Nos. 80, 81, 82 & 83 of 1976 before the Labour Court under section 25 of the Employment of Labour (Standing Order) Act, 1......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. ......hellip;…………..Respondents Judgment February 17, 1978. Result: The rules are made absolute. Cases Referred to- 26 DLR (SC) 33; 27 DLR 158. Lawyers Involved: Dr. M. Zahir, M. Hasan—For Petitioners (In all the petitions) Khon..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 ......inate Judge 3rd Court, Dacca in Title Suit No. 209 of 1977. This order was occasioned because of an application under Order 7, rule 11 of the Code of Civil Procedure filed by the defendants for the rejection of the plaint filed by the plaintiff-appellant wherein prayers were made for three......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 ...... Chan. Div. 70; Alhaj Abdur Rahman Bhuiya Vs. Comr. of Narayanganj Municipality, 10 DLR 431; Fischer Vs. Secretary of State, ILR 39 Cal. 704; Sheoparsan Singh Vs. Ramnandan Singh, 43 IA 91. Lawyers Involved: Syed Ishtiaq Ahmed, Rafiqul Huq, Md. Fazlul Huq-For the Appellant. ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
....e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ......w have arisen out of the Income Appellate Tribunal and run as follows: (i) Whether on the facts and in the circumstances of the case the Tribunal was justified in allowing insurance premium paid for loss and profit due to unforeseen circumstances as an allowable expense under Section 10(2)......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ......ong Zone, Chittagong Vs. Chittagong Ware House Ltd., 28 DLR at page 98; Commissioner of Income Tax, Chittagong Vs. M/s. National Brokers Ltd., Chittagong in 1977 Bangladesh Tax Decisions page 1. Lawyers Involved: Mozammel Hague Bhuiyan—For Applicant. Rafiqul Haque, T. Islam&mda..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
.... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ......id import license 1008 Lbs. of Nylon yarns in 15 cartons from Hongkong by International A.W.B. dated 16.1.73. He received the shipment document. While he was procuring other relevant papers necessary for the release of the imported goods the documents he had received from the sender's end were l...... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. .....................................Petitioner Vs. The Govt of Bangladesh & others.........Respondents Judgment February 10, 1978. Result: The rule is made absolute. Lawyers Involved: A.M.M. Abdul Jalil—For the Petitioner. Quazi Shqfiuddin—For..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... 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 ......ervice as an engineer in the war-torn country, and later, on October 18, 1972, in another representation he explained his conduct in submitting his resignation and apologized and expressed his regret for his behavior for which the Railway might have taken any exception. The Government after consider...... 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 ......lt: The rule is discharged. Cases Referred to- Md. Shoib Vs. Govt. of Bangladesh (1975) 27 DLR 315; Md. Ismail Jafar Vs. Director-General Pak. Tel and Tel. Dept. PLD 1967 Kar. 22. Lawyers Involved: S. R. Pal-For the Petitioner. Mustafa Kamal, Rezzaque Rahman—For ..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.
......posts on transfer but respondent No. 2 did not join although he was released from the Gherasal Factory by an order of release dated 28.3.75. Instead he filed an application to the Corporation praying for leave on the ground of his illness. The application was allowed and he was granted leave till 21......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.
......
Vs.
Urea Fertilizer Factory Employees Union, Ghorasal Palash, Dacca and others....Respondents
Judgment
February 7, 1978.
Result:
The rule is made absolute.
Lawyers Involved:
Asrarul Hossain, Khaliur Rahman—For the Petitioner.
A. R. Yusuf, A..
Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
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 ......nt No. 2 filed an appeal under section 134 of the Act. The appeal was heard and dismissed by the Assistant Registrar by order dated 3.3.72. Thereafter, respondent No. 2 filed an application for review under section 135(2) of the Act which was also rejected by the Joint Registear ......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 ......yee Samabaya Samity Ltd...........Petitioner Vs. Bangladesh.................................Respondent Judgment February 3, 1978. Result: The rule is made absolute. Lawyers Involved: Rafiqul Islam— For the Petitioner. Abdul Hamid Chowdhury—For..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. ...... Govt. of Bangladesh...............................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; A.I.R. 1967, SC-1264; (P.L.D. 1958, S.......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. ......India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; A.I.R. 1967, SC-1264; (P.L.D. 1958, S.C. Ind.) 217; Golam Sarkar Vs. Pakistan PLD 1962, S.C. 142; Md. Ismail Hussain, (1975) 27 DLR 354. Lawyers Involved: Serajul Hoque, Zakir Ahmed, Suranjit Sen Gupta—For the Petitioner. ..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. ...... Govt. of Bangladesh..................................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; Golam Sarkar Vs. Pakistan PLD 1962, S.......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. ...... Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; Golam Sarkar Vs. Pakistan PLD 1962, S.C. 142; Md. Ismail Hussain, (1975) 27 DLR 354. Lawyers Involved: Serajul Hoque, Zakir Ahmed, Suranjit Sen Gupta—For the Petitioner. ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
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 ......, 1969 briefly the Ordinance and the nature of their work is clerical such as store clerk. These 12 workers had filed separate applications namely the Industrial dispute cases, as referred to above before the Labour Court Chittagong under section 34 of the Ordinance claiming enforcement of......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 ......er and another………………..Respondents Judgment January 27, 1978. Result: Rules are made absolute. Case Referred to- 29 DLR 393 Lawyers Involved: Asrarul Hossain, Khalilur Rahman—For the petitioner (In all the petitio..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
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 ......rt, Dacca in T.S. No. 138/65 was found by the learned Subordinate Judge to have stood in the way of this suit. Hence the plaintiff has come in this appeal. 2. Facts of the case, so far necessary for disposal of the questions raised before us, are that the plaintiff-appellant claimed to have pur......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 ...... to- 10 DLR 621; AIR 1945 Bombay, 45 and 67, AIR 1935, Calcutta 72. 13 DLR 89; AIR 1945 Bombay, 45; AIR 1935-Cal-792;AIR-1929, Lah, 596; AIR-1935, Cal. 641; CWN (XII)-359 AIR 1935 Cal. 642. Lawyers Involved: Serajuddin Ahmed — For the Appellant. B.N. Chowdhury, Kazi Eb..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... 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. ......1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the plaintiffs as set out in their plaint is that plaintiffs Nos. 8-18 along with proforma defendants Nos. 2-5 were proprietors of revenue paying estate comprised in touzi No. 7414 of F...... 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. ...... Referred to- Raja Govinda Lal Roy Vs. Ramjanam Misser and others, 20.1. A 165; Almaj Khatun Vs. Ejahar Mir, 8 DLR 82; Turner Morrison & Co. Vs. Monmohan Chowdhury, 5 CWN 29 16 DLR, 582 Lawyers Involved: B.B. Roy Chowdhury, Abdur Rashid-For the Appellant. S.S. Halder, A. Y. M..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... 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. ...... 1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the plaintiffs as set out in their plaint is that plaintiffs Nos.8-18 along with proforma defendants Nos. 2-5 were proprietors of revenue paying estate comprised in touzi No. 7414 of F...... 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. ...... Biswas; Raja Govinda Lal Roy Vs. RamjanamMisser and others, 20.1. A 165Almaj Khatun Vs. Ejahar Mir, 8 DLR 82; 23 CWN 37; Turner Morrison & Co. Vs. Monmohan Chowdhury, 5 CWN ; DLR, 582 Lawyers Involved: B.B. Roy Chowdhury, Abdur Rashid-For the Appellant. S.S. Halder, A. Y. M..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
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