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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. ......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......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. ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
..... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ....... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ......ormalities and because of the procrastination of the Customs Department in settling the matter promptly. 9. The learned Advocates of the parties have not seriously challenged the findings of the facts of the trial Court; therefore the only Issue that calls for our determination In these appeals..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
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 ......order dated 2-11-74 Ext. 11 implemented the said recommendation with effect from 1st October, 1974, whereas according to the recommendation as well as according to the Government's Office Memo in question the implementation was to take effect from 1st July, 1974. The order of the Management ......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 ..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ......e person in whose custody admittedly they were, thereby unsealing their settled lives? It is not understood what compelling reasons were there for the learned Judge to pass the interim order when the question of custody is the only issue awaiting final decision by the court. In my opinion, it is jus...... were under the care and custody of the father when the mother was living far away in England and the observation by the learned Judge loses much of its importance when considered in the light of the facts and circumstances, of the instant case. On the contrary, facts disclosed before me in the peti..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
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 ...... B.N. Chowdhury, Kazi Ebadul Hoque-For Respondents Nos. 1, 2(a) 2, (c) 3-7 Appeal from Original Decree No.14 of 1976. Judgment Suahabuddin Ahmed J. –This appeal calls in question a decree dated 28.1.75 of Mr. MA Rashid. Subordinate Judge, 1st Court, Dacca dismissing the......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 ..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. ......tensibly to one Kali Krishna Chakraborty and that Kali Krishna Chakraborty was his benamder Later on, defendant No. 1 got his name mutated in the Register-D of the Collectorate as the purchaser. This question of benami purchase has not been seriously challenged in this suit except a suggestion that ......; Co. Vs. Monmohan Chowdhury reported in 5 CWN 29 and the decision given therein an authority on the subject. For better application of the question raised before us we propose to discuss the law and facts o that case. 8. In that case a revenue paying estate Known as "Taraf Asad Mosed Khan..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. ......stensibly to one Kali Krishna Chakraborty and that Kali Krishna Chakraborty was his benamder Later on, defendant No.1 got his name mutated in the Register-D of the Collectorate as the purchaser. This question of benami purchase has not been seriously challenged in this suit except a suggestion that ......; Co. Vs. Monmohan Chowdhury reported in 5 CWN 29 and the decision given therein an authority on the subject. For better application of the question raised before us we propose to discuss the law and facts of that case. 8. In that case a revenue paying estate Known as "Taraf Asad Mosed Kha..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ......elf or in the charter party. In support of his contentions Mr. Ishtiaq Ahmed has relied on a number of English decisions to which I shall presently refer. 9. There is no dispute that the ship in question carried a cargo of salt from India to Bangladesh whose ultimate consignee was the plaintiff......ip owner. I, therefore, find no substance in the objections raised by the plaintiff in this regard. 4. Now coming back to the merits of the application, it is necessary to set out, in brief, the facts leading to the application. The plaintiff contracted with M/s. Eureasian Equipments and Chemic..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......isions of chapter VII of this part, or has exhibited under that Chapter an inventory or account which is untrue in material respect.” 4. We are not very much concerned at this stage on the question whether there is just cause for revocation or not. Section264 has an important bearing......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ...... Rule is directed against the order dated 25.2.75 passed by Mr.A.B. Sorkar, Additional Sessions Judge end Ex-officio Special Judge, Faridour in connect ion with Special Case No.4 of 1972. 2. The facts of thecase giving rise to the rule, in brief, are that in the Special Case No.4/72thekernedAdd..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)
....e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ...... Judgment A. S. Faizul Islam Chowdhury J.-This rule is directed against the order dated 3-7-75 passed by the Sub-Divisional Magistrate, Sadar, Sylhet in Misc. case No. 118 of 1975. 2. The facts of the case giving rise to the rule, in brief, are that the petitioner Maram Ali filed a petit..Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ......ng refused to purchase the case land at asked for by the sellers and the purchaser to purchase the same, the purchaser at the request of the pre-emptors and the seller had to purchase the property in question within the knowledge of the pre-emptors and since then the purchaser-petitioner has been po......rse, a Civil petition for Special leave to Appeal No. 111 of 1977 was preferred against the above decision of ours before the Hobble Supreme Com t and their Lordships affirmed the decision but in the facts and circumstances of the case thinking it to be a mere academic one, did not enter into the qu..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ...... pre-emption under section 24 of the Non-Agricultural Tenancy Act 1949 against the purchaser Md. Ibrahim Hossain and Mst. Delwara Begum wife of Md. Ibrahim Hossain respectively for sales in question, by Mohini Chandra Tarafder by deeds executed on 14.8.73 and registered on 21. 8. 73. The a......in the event of the withdrawal of the first suit without leave of the Court to bring fresh suit as provided in sec. 373(old) could not create a bar, of course, on proper appreciation of the facts in an independent proceedings but for the procedure provided in section 647(old).-141(new..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ......lawful effect. 4. Respondent No. 1 has entered appearance and filed affidavit-in-opposition to resist the Rule. In the affidavit-in-opposition it has been stated, inter alia, that the holding in question belonging to the petitioner is situated at mouzaGodnail under P. S. Siddhirganj and the sam......sment made by the Taxation Officer and second appeal before the Director of Taxation against the order of the Deputy Director, but without filing any appeal this application was filed. In view of the facts stated above, the application impugning the demand order which is lawful and made in strict co..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ...... the defendant who was a tenant under her. The defendant contested the suit by filing a written statement. His defense inter alia was that the plaintiff was not the exclusive owner of the premises in question and she was entitled to only proportionate rent and not the entire rental circuit. He also ......early lays down that there can be no remand unless the conditions laid down in those rules exist. I am, therefore, clearly of the view that the learned Additional District Judge as the final Court of facts was fully competent to decide the case himself as the evidence on record was sufficient to ena..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
....of temporary injunction. 10. Mr. S. R Pal has pointed out that the learned Judge instead of finding out minor details to show difference between the two labels ought to have found That they were identical and, there were striking similarities in color, design, sizes and get-up of the labels and......unction of general supervision and control ever the industrial enterprises placed under it; besides, as the plaintiff obtained the registration of the trade mark and is The owner of the trade mark in question it is in fitness of things that the plaintiff itself should bring action for any infringeme......to have been rejected as at the time of the hearing of the application for temporary injunction there were insufficient evidence before the Court for arriving at a correct decision in the matter. The facts of the case reported in 26 DLR 10 have hardly got any relevance in the instant case. We refrai..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......nstead of issuing Rule we are passing the final order, inasmuch as the orders suffer from material irregularity." 6. Special leave was granted by the Appellate Division to consider the question (a) whether the application under section 115 of the Code of Civil Procedure made by Abu Za......t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ......ead land (chala land) has been given at the rate of Tk. 80,000/ per acre, has accepted the said rate for the purpose of the present case and awarded compensation, at Tk. 51,200/- only for the land in question. He also allowed Tk. 7680/- as statutory compensation at 15% over the above amount, The lan......-objection filed on 9.3.77 is competent. In the result, the appeal is dismissed. The cross-objection is allowed and the award passed by the learned Arbitrator is accordingly modified. But in the facts and circumstances of the case the parties will bear their respective costs of the appeal and t..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2