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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. ......iffs in applying for amendment of the pleadings after four years of the institution of the suit. In such view of the matter, the impugned order allowing amendment of the plaint cannot be sustained in law. 5. With regard to the defendant's application under Order 7 rule 11 of the C..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 ......f art. It is a known conception which has been laid down by Juristic interpretation. In the case of Moududl reported in 17 D.L.R. (SC), 290-PLD 1964 (SC), 673 Hamoodur Rahman, J. after discussing the law on she subject observed. “It is not difficult to conceive of cases wherefrom the very..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. ......f art. It is a known conception which has been laid down by Juristic interpretation. In the case of Moududl reported in 17 D.L.R. (SC), 290-PLD 1964 (SC), 673 Hamoodur Rahman, J. after discussing the law on the subject observed. “It is not difficult to conceive of cases wherefrom the very..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. ......sin has alleged, as a plaintiff out of possession is not entitled Jo partition unless he first gets joint possession. 11. No other ground has been urged in this appeal I do not find any error of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed w..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
.... down in the said case is that a borgadar recorded in the C.S. Khatian pleas tenant before the introduction of the proviso to clause (17) of section 3 of the Bengal Tenancy Act, 1885 by the amending Act 1928 can plead tenancy right even after the introduction of the proviso. He has further...... another person, and is., or but for a special contract would be liable to pay rent for that land to that person, and in clause (13) of the same section 'rent' has been defined as whatever is lawfully payable or deliverable in money or kind by a tenant to his landlord on account of the use o..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. ...... Section 91 of the Evidence Act, 1872 from adducing any evidence as to the alleged transaction of mortgage. 5. The learned Subordinate Judge affirmed the findings of fact as well as of law of the learned Munsif. 6. Mr. M.A. Khaled, the learned Advocate for the appellants has subm..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
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 ......kets were opened by the Tribunal In presence of the parties the recounting is correct and the original count log is wrong. 6. Mr. Ahmed has next contended that the Tribunal fell into an error of law by holding that according to rule 40(4) of the Union Parishad (Election) Rules, 1976 a ballot pa..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. ...... 158 in which a similar question arose. In that case one of the two members of the Labour Court did not attend at all. It was held by this Court that total absence of a member was not contemplated by law and that the decision of the Labour Court given in total absence of a member was void. There it ..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 ......amous case of Foss Vs. Harbottle and that plaintiff has no cause of action. 5. The learned Subordinate Judge upon the pleadings framed the following two issues: 1. Is the suit barred by any law? 2. Does the plaint disclose any cause of action? Upon an elaborate discussion of the ..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. ...... K. M. Subhan J.— This application is by the Commissioner of Income-Tax, Chittagong Zone, Chittagong under Section 66(1) of the Income Tax. Act, in this application the questions of law have arisen out of the Income Appellate Tribunal and run as follows: (i) Whether on the fac..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. ...... of Customs and Excise, Dacca in Appeal No. 4 of 1975 confiscating the imported goods claimed by the petitioner and directing that the goods be disposed of by auction as to have been made without any lawful authority and is of no legal effect. 2. The petitioner proprietor of M/s. Boys Hosiery, ..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 ......ointee with effect from November 30, 1972 and directing repayment/realisation of the alleged over payment to the petitioner from 19-2-73 to 29-11-72 should not be declared to have been passed without lawful authority and was of no legal effect. 2. The petitioner's case, in brief, is that he was ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
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 ......legal and without jurisdiction since the power of review cannot be exercised by the Registrar more than once. Mr. Rafiqul Islam has contended that the earlier order in review was passed in the eye of law by the Registrar since the joint Registrar who disposed of the power of review vested in the Reg..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. ......ion provides that the High Court Division may entertain an application under this Article filed by an aggrieved person if it is satisfied that there is no other equally efficacious remedy provided by law. Mr. Sirajul Hoque has contended that, the remedy by way of review is not equally efficacious an..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. ......ion provides that the High Court Division may entertain an application under this Article filed by an aggrieved person if it is satisfied that there is no other equally efficacious remedy provided by law. Mr. Sirajul Hoque has contended that, the remedy by way of review is not equally efficacious an..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 ......scribed will have effect from 1st July, 1973. In the case of implementation of any recommendation of Pay Commission, no notification was ever issued under Act XXXII of 1975, and as such in the eye of law implementation of any recommendation of the Pay Commission did not create any legal right. This ..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 ......it denying the plaintiff's claim of title and possession altogether and questioned the very maintainability of the suit contending that it is barred by the principle of res judicata as well as by law of limitation. In view of these pleadings of the parties the learned Subordinate Judge decided t..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1