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....ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
.......
Writ Petition No. 81 of 1978.
Judgment
Shahabuddin Ahmed J. - This Rule was issued under Article 102 of the Constitution of e People's Republic of Bangladesh calling in question an order dated 29-12-77 passed by respondent No. 1, President, Summary Martial Law Court, R......ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3
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 ......yed J.R. Mudassir Hussain, A.A.G.- For the Respondents. Writ Petition No.323 of 1976. Judgment Shahabtiddin Ahmed J.- This rule under Article 102 of the Constitution calls in question three orders of the Government of Bangladesh Respondent No. 1, communicated by the Secretar......ension before a proceeding was drawn against them. The order of suspension was challenged in a Writ Petition on the ground that the authorities before making the order did not apply their mind to the facts of the case in order to ascertain if suspension was at all necessary. It was held: &ldquo..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. ......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. ......nless there are materials on record before him that the apprehension of breach of peace which gave rise to the proceeding has disappeared. The learned Advocate for the opposite party submits that the facts of the case differ from the present one. Though the facts of the present case differ from the ..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 ......ner Shamsul Hoque Chowdhury-For the Respondent No. 2 Writ Petition No.111 of 1978. Judgment Shahabuddin Ahms J.- This rule under Article 102 of the Constitution calls in question the legality of an order dated 31-1-78 of the Election Tribunal and Munsif, 6th Court, Bari......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 ..Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......ioner, Bakerganj dated 29-12-77 received under Memo No. 3069 (4) Jubl. dated 30-12-77. On 22-4-79 the learned Sessions Judge rejected the criminal motion on the following ground: “The next question that crops up for determination is whether this order may be subjected to revisional jurisd......cedure is directed against the order passed by Mr. S.N.I. Akbari, District Magistrate, Bakerganj on 29-12-77 under section 13 of the, Police Act in Misc. Petition No. 2 of 1977. 2. The facts of the case, briefly stated, are as follows: On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......ioner, Bakerganj dated 29-12-77 received under Memo No. 3069 (4) Jubl. dated 30-12-77. On 22-4-79 the learned Sessions Judge rejected the criminal motion on the following ground: “The next question that crops up for determination is whether this order may be subjected to revisional jurisd......cedure is directed against the order passed by Mr. S.N.I. Akbari, District Magistrate, Bakerganj on 29-12-77 under section 13 of the, Police Act in Misc. Petition No. 2 of 1977. 2. The facts of the case, briefly stated, are as follows: On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
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 ......uished for his own default to pay arrear rent and there is no evidence to show that the mortgaged property was collusively or fraudulently sold out for any default of the mortgagee. 11. The next question that calls for determination in this case is whether defendants No. 1 to 8 can be held as c...... mortgagor and a fiduciary relationship between the mortgagor and mortgagee would have subsisted and the suit would have been within time under Article 148 of the Limitation Act. But as the facts are otherwise I must hold that the plaintiff's right of redemption was extinguished long a..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. ...... on record made the rule absolute and declared that the impugned order was made without any lawful authority and of no legal effect. 6. Leave was granted by this Court to consider the following question raised on behalf of the Government Appellant: “(1) Whether the High Court under Art......t on any information which they may receive unless they put it to the party against whom it is to be used and gives him a fair opportunity to explain it. What is a fair opportunity must depend on the facts and circumstances of the case. Lord Lorburn L.C. in elucidating the principles of natural just..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. ......pondents. Writ Petition Nos. 252 and 194 of 1976 Judgment Shahabuddin Ahmed J.—These two rules, issued on two applications under Article 102 of the Constitution call in question certain decisions of the Chairman, Labor Court, Chittagong in Industrial Dispute Cases Nos.......r Court, Chittagong in Industrial Dispute Cases Nos.68 and 69 of 1975 under section 34 of the Industrial Relations Ordinance, 1969 (briefly the Ordinance). Since common questions of law and facts are involved therein these rules have been heard together and are going to be disposed of by t..Category: Labour and Industrial Law | Date: 5 Jul, 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
......d 3,
Nizamuddin Haider- For Respondents 1(1) to 1(4) and 1(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 fo......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
..
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. ...... and used to take meal in each other's house. 12. As stated earlier, there are a number of P.Ws. who testified in support of the prosecution case as given out by P.W. 3. We shall take up the question of value and effect of the said oral evidence shortly. 13. Mr. Mostafa Kamal, the lear...... case. It well settled that if a fact is intended to be relied on by the prosecution, it must be proved with reasonable certainty and If such fact can only be established by proof of some subordinate facts, each of those subordinate facts must be proved with the same decree of the certainty as in re..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)
....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ......e Chowdhury, Abdul Wadud Bhuiya—For the Respondents. Wilt Petition No. 405 of 1978. Judgment Shahabuddin Ahmed J.- This application under Article 102 of the Constitution calls in question an order of the Returning Officer and Secretary, Election Commission (Respondent No.1) acce......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ..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)
....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ......both the petitions.) Writ Petition Nos. 444 and 447 of 1978. Judgment Shahabuddin Ahmed J.- These two applications under Article 102 of the Constitution of Bangladesh call in question a Notification dated the 21st April, 1978 of the Chief Election Commissioner respondent No.......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ..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)
.... first time the nomenclature of prerogative writs such as Mandamus, Certiorari, Habeas Corpus and quo warranto were omitted from the constitutional vocabulary and the language was adopted which is in identical terms of the present constitutional terms and finds place in our Constitution in Article&n...... the word "offence" finds mention in the proclamation and therefore, it is not subject to any limitation as to the time of occurrence; and (4) proceedings in the Martial Law Court cannot be questioned as bar has been created by Regulation. 11. The first question is whether this Court ....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ..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 ......nd Sailuddin Sardar, Golam Rabbani and Ramjan Ali, the three brothers of Ruhul Amin have been impleaded as opposite parties 2 to 4 (proforma) The allegations made in the petition are that the land id question originally belonged to Roy Harendra Nath and others in khas under the Government and the pe......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 ..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. ......to the provision of Order 41, rule 22 of the Code of Civil Procedure the Court of Appeal below erred in law in not allowing the plaintiffs to show that the finding of the trial Court on the question of title and adverse possession was erroneous. He has contended that without reversing the ......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. ..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. ...... where in also has been held that the order of dismissal under section 8B (3) Court Fees Act is not a decree and as such no appeal lies from that order. 5. The learned Munsif determined the question of valuation under the provisions of section 8B(1) Court Fees Act and not under s......d must be upheld. Moreover, it may be seen that the plaintiff did not move against the order dated 20.1.64 raising the valuation. This appeal is, therefore, dismissed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This..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
......ce. When the lessors, the Enemy Property Authorities are contesting the suit, I do not consider the presence of the lessees in any way necessary in order to effectively adjudicate upon and settle the questions involved in the suit. I, therefore, find that opposite parties Nos. 6-11 who were added as......ants 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 for declaration that ..
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 ......d 22 of 1974 and No. 29 of 1976 under section 66(1) of the said Income Tax Act as it stood amended, have been heard together and will be disposed of by this judgment since these is a common question of law in all of them. The question is whether the incomes of two different firms can be ta......of the Tribunal made in appeal. The provision, for reference by the Tribunal has been done away with by this amendment. 3. In the first four applications the question before us is whether on the facts and in the circumstances of the case the Tribunal was justified in reversing the order of the ..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. ......of the examination was published and the syndicate of the University duly approved She said Examination results.” 3. It has also been stated that 17 students appeared in the Examination in question and out of them 5 secured 2nd Class, six including the petitioner Third Class and six stude...... 102 of the Constitution is seldom granted unless the alternative remedy under the law is availed of. 11. In the case of R. Vs. Dunsheath Ex-parte MEREDITH (1950) 2 All. E. R. 741, the facts are that fifty members of convocation of the University of London served a requisition on the ..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
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