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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. ......s allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties” 4. There is no doubt that the power given t......ssion by the plaintiffs that they bad neither any title nor possession in the suit property, I wonder what cause is there for any action against the defendants. A cause of action is the entire set of facts that gives rise to an enforceable claim. It consists of every fact which is to be proved to en..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 ......dash;For the Opposite Parties. Criminal Revision No. 160 of 1978 Judgement Badrul Haider Chowdhury J.- This matter has been referred to the Full Beach by the learned Chief Justice as a question of public importance has been raised by a Single Judge in Criminal Revision No. 160/1973 po......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 ..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. ......mdash;For the Opposite Parties. Criminal Revision No. 160 of 1978 Judgement Badrul Haider Chowdhury J.-This matter has been referred to the Full Beach by the learned Chief Justice as a question of public importance has been raised by a Single Judge in Criminal Revision No. 160/1973 po......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. ..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. ...... payment of rent of a land a co-sharer cannot exclude another co-sharer's title to it…. The inferences drawn from documents as to the absence of hostile title and ouster of a co-sharer are questions of facts, and the finding of that appellate Court in this regard is final and cannot be op......ent of a land a co-sharer cannot exclude another co-sharer's title to it…. The inferences drawn from documents as to the absence of hostile title and ouster of a co-sharer are questions of facts, and the finding of that appellate Court in this regard is final and cannot be opened in secon..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. ......this presumption will be rebutted only if ii is established that he has been admitted by the landlord to be a tenant or is declared in a previous suit to be a tenant or if he can in a suit where this question is put in issue establish his status as such tenant. In effect it seems that the Legislatur......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. ..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. ......ion 91. 11. In Joseph Darmanion Vs. Camel Michallef A.I.R. 1946 P.C. 50 it is held by the Privy Council that while construing a written contract, the court will be erring in approaching the question of what formed the subject matter of the negotiations which preceded the written contract, ......led to adduce evidence under Proviso (2) of section 92 of the Evidence Act, and that the learned Subordinate Judge erred in law in not construing Ext. B. as an instrument of mortgage in the facts and circumstances of the case. 7. Ext. A and B were taken by the defendants from the Cour..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......6 of 1977 by the High Court Division) Judgment Rahul Islam J.- These two appeals by special leave arise out of the same judgment and order of the High Court Division, involving similar question, were heard analogously and are being disposed of by this judgment. Leave was gra......rt Division, involving similar question, were heard analogously and are being disposed of by this judgment. Leave was granted to consider the following question: “Whether in the facts and circumstances of the case termination of the services of the petitioner, who is ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
...., 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
...... R. Paul, with S. M. Haque—For the Respondent
Writ Petition No. 630 of 1977
Judgment
Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question an order dated 22-8-77 (Annexure-G) of respondent No. 3, Director, Bangladesh Council of Sc......, 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
..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ......istant Attorney-General—For the Respondents. Writ Petition No. 865 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question an order dated 10.9.77 of Respondent No.1 Secretary, Ministry of Land Reforms Govt. of Bang......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
....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.
......n 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 are as follows: The as......K. M. Subhan J.—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 Appe..
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 ......ainul Hosein, Zainul Abedin—For Respodent No. 2. WritPetition No. 593 of 1977. Judgment Shahabuddin Ahmed J.- This rule under Article 102 of Constitution calls in question the legality of an order dated 26-7-76 of the Election Tribunal at Comilla (Second Court of......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 ..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. ......rt, the proceeding of the Court may continue and the decision or award may be given in the absence of such member; and no act, proceeding, decision or award of the Court shall be invalid or called in question merely on the ground of such absence.” 6. Mr. Mahbub Hossain has tried to convin......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. ..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 ......which the learned Advocate Mr. Ishtiaq Ahmed has laid is that the rule in Foss Vs. Harbottle and in deciding the matter of this nature when the case has been decided in favour of the plaintiff on the question that the suit is not barred by any law, the decision on the question that the plaintiff has......bsp;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 declarations. 2. The short facts necessary for the disposal of this appeal are that the plaintiff filed a suit for declaration ..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. ...... Judgment 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) Wheth...... 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 facts and in the circumstances of the case the Tribunal was justified in allowing insurance premium ..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
.... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ......tisfied that since the appeal arose out of partition suit, the suit could not have proceeded without the deceased appellant and respondent who were both defendants in the suit. Having regard to these facts and circumstances, I find no reason to reconsider my earlier decision in the matter. The ..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
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 ......der dated 29.6.76 of the Ministry of Communications (Railway Wing). The decision of the Ministry of Communications was made on consideration of a reference made by the Railway on May 3.1, 1976 on the questions (I) Whether petitioner's taking back to service was in order, (2) whether his taking b...... of the Railway authorities after they had been acted upon for some time to the advantage of the petitioner. The case of Md. Shoib relied by Mr. S.R. Pal, does not appear to have any relevance in the facts and circumstances of the instant case. In that case after cancellation of a notification of ta..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.
......n Chowdhury Mahbubul Hoq—For the Respondents.
Writ Petition No. 43 of 1977.
Judgment
Shahabuddin Ahmed J.—This Rule under Article 102 of the Constitution calls in question an order dated 5.11.76 of the Second Labour Court, Dacca confirmed in appeal by an order da......conciliator whereupon the dispute was referred to the Labour Court under section 9 of the Industrial Relations (Regulation) Ordinance, 1975. The learned Labour Court on consideration of the facts and circumstances of the case "allowed the case" of respondent No. 2 held that his o..
Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
....d Labour Court is 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) 211.
......
Mohd. A. Aziz—For the respondents.
Writ Petition No. 384 of 1976.
Judgment
Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question the legality of an order dated 28-4-76 of the Chairman, Labour Court, Chittagong in Industr......d Labour Court is 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) 211.
..
Category: Labour and Industrial Law | Date: 6 Feb, 1978 | Hits: 3
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 ......Abdul Hamid Chowdhury—For Respondent No. 2. Writ Petition No. 765 of 1976. Judgment Shahabuddin Ahmed J. - This rule order Article 102 of the Constitution calls in question an order dated 18 12 76 of respondent No. 1. Registrar of Co-operative Societies, Banglades......of the Act. Their other contention is that the earlier order of review dated 5-9-72 which was passed by the Joint Registrar could be reviewed or revised by the Regular. 5. As it appears from the facts disclosed above, Respdt. No. 2 after availing of the provisions of appeal and review under the..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. ......hmed—For the Respondents. Writ Petition No. 548 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communica......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. ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
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