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Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
.... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ...... not become appealable as the right of appeal allowed under Order 43, Rule1, clause (d) C. P. C. is limited only to an order rejecting an application to set aside a decree passed ex parte and in that view the lower appellate Court's order allowing the application under Order 9 Rule 13 ..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577 ...... As this finding is based on the entire evidence on record and relates to questions of facts, it will not be interfered with by this court and as such they stand. The question, however, is whether in view of this finding which relates to one centre only the Election Tribunal should have declared the..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
....e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521 ......unal observed “....The O P. No. 1 has produced five witnesses. The O.P. No. 4 is a formal witness and the O.P. No. 1 is the OP. No.1 and I do not accept the truthfulness of the O.P. Ws. in view of the facts, and circumstances mentioned before. The case therefore succeeds.” 5. H..Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ......e learned Advocate appearing for the Railway refers to two decisions before us. In the case of Anant Ram and others Vs. District Magistrate, Jodhpur and another reported in AIR 1956 Rajasthan 145 the view is taken that orders passed under R. 2044 of the Code, on reinstatement with respect to pay for..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
....is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ...... said industry he was not entitled to the said premises. 3. Mr. T.H. Khan, the learned Advocate for the petitioners, submitted that the properties in question can by no stretch of imagination be viewed as abandoned property even on the facts admitted by the respondent No.1. The facts which have..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
.... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ......t and its terms are mandatory. (Page 625). The observations made above, as it appears, go to show that the calling of an annual general meeting is not dependent on the balance-sheet. 12. In view of the fact that the provision of section 131 sub-section (3) requiring every company..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
....cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662 ...... as Annexure 'C'. In response to a telegram sent by the Election Commission on 19.1.74 the Returning Officer sent a detailed report on 30.1.74 suggesting that the Election Commission should review its earlier order dated 12. 1. 74 and that a fresh poll for Ward No. II of Kamalapur Union shou..Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ......k up the question of the maintainability of the suits as a preliminary point and has come to the finding that the suits are maintainable. The learned Subordinate Judge has decided the question on the view that the Arbitration (Protocol and Convention) Act, 1937 has been continued in force as a valid..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ......ds as accretions to the lands of the plaintiffs. It seems to us, however, that it is not open to this Court to interfere with the said judgment and order of the Dacca High Court even if we are of the view that if Char Ananda Part III is to be excluded from the decree of the plaintiffs on the ground ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ...... enough in the name of National Bank of Bangladesh, which, obviously, is not the Bank either before or after nationalisation. We have, however, given liberty to Mr. Hossain to make this submission in view of the importance of the question involved. We have heard learned arguments on either side..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ......We are to find out whether there has been any violation of the election law and the rules framed thereunder on the face of the records of the case. We do not think that such a matter is beyond the purview of the writ jurisdiction. 9. On the question of alternative remedy it appears that in the ..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......A/C of the plaintiff's Tea Estate lying with defendant. No. 8 and 9 as also restraining the defendants 8 and 9 from making any payment to defendants 1-7.” 2. The Trial Court was of the view that the suit, in substance, was a suit for possession of property and he also held that the pr..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....on of the subordinate court does not by itself involve that it had acted illegally or with material irregularity so as to justify interference in revision under sub-section (c), nevertheless if the erroneous decision results in the subordinate court's exercising a jurisdiction not vested in it b......e maintained. 8. The power of the High Court under section 115 of the Code has been construed more than once by the Privy Council. We think it proper that this Division should also pronounce its view on the question. 9. One of the earliest decisions is to be found in the case of Raja Ami..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ......ed in 11 D.L.R. (S.C.) page 423. 5. At the trial it was contended on behalf of the defendants that the suit was barred by the principle of res judicata. The learned Subordinate Judge has taken a view that the main question to be decided in the suit was whether there was service of the requisiti..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ......laintiff relief accordingly." Upon this a conclusion was drawn by the noble lord of the Court of Appeal in the following terms: "I hold that company was a mere cloak or sham." The same view was taken of the matter in this decision by Lord Haworth, Master of the Rolls and also by Romer..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ...... also challenged the statement of these three witnesses that they had carried pan at the relevant time along with the deceased, they worked as laborers carrying pan from Algi Bazar to Sajirpur with a view to transport the same to some Mahajans of Noakhali and that for their work they were paid daily..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)
....e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ...... be made to suffer. 6. Having gone through the application for condonation of the delay and heard the learned Counsel who was very frank in his explanation we were inclined to take a lenient view, in the special facts and circumstances of the case, for the delay which was not due to any fa..Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237. ......of 1969 of the Court of Sessions Judge, Faridpur. 2. In these petitions the order dated. 2-1-70 passed by The Senior Special Judge has been challenged. The order runs as follows:- “In view of the judgment passed in Criminal Appeal No.153/69, let the case be transferred and registered..Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2