Search Options
Judgment Advanced Search
Displaying 1701-1720 of 7097 results.
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
.... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ......ction for any infringement to its right. Again, the Corporation having been brought on record as defendant No. 2. the competency of the plaintiff to sue through its manager could not be questioned in law. 6. Mr. Khandkar Mahbubuddin Ahmed, the learned Advocate appearing for defendant No.1, has ..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....ctice it is, of course, at the instance of aggrieved person, who is a party to the litigation in which the order sought to be revised has been made, that a revisional application is made but the provision of section 115 of the Code does not appear to debar the exercise of the power conferr......already a minor. But the question is whether the order of the High Court Division made on the basis of such a defective application may be held to be without jurisdiction or can be held to be without lawful authority if the order was otherwise unexceptionable. It may be noticed that the pr..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....e date of service on him or his pleader of notice of the day fixed for hearing the appeal, or with in such further time as the Appellate Court may see fit to allow.” Relying upon the above provision, the learned Deputy Advocate-General tried to impress upon us that the respondent's ri......in question being presented on 9-3-77, even before the admission of the appeal and service of the notice upon the respondent, the cross-objection (filed on 9-3-77) is no cross-objection in the eye of law as contemplated under Order 41 Rule 22 of the Code of Civil procedure. The relevant po..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....ape recorded statement of telephonic conversation of the plaintiff was not put to him when he was on the witness box and as such this statement cannot be used to contradict him in accordance with the provisions of section 145, Evidence Act. Leaving it aside altogether we have before us the oral......tatement denying practically all the material allegations made in the plaint. He also challenged the suit on the ground of maintainability. He contended that the plain- tiff was engaged by him as his lawyer in connection with some suits and entrusted him with all his papers and documents including h..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....e petitioner was released. According to his instructions his lawyers issued notice of demand for justice on the respondents, Chairman, Chittagong Pourashava questioning the authority as to under what provisions of law the petitioner was arrested and how the security money was realized from him while...... Badrul Haider Chowdhury J. — This rule is directed as to show cause why the notice dated 16-8-76 issued by the respondent No.1 (Annexure A) should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceedings are follows..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
.... therefore, indicates that Limitation Act and President's Order No.12 of 1972 coexist independently. The precise relation between them appears to be one of co-operation and not of opposition. The provision contained in Article 4 of the President's Order No.12 of 1972 takes out a length of ti......ict Judge acted illegally and with material irregularity in the exercise of jurisdiction in holding that the appeals are barred by limitation without applying mind to the necessary facts and relevant law. According to the learned Advocate, the two appeals were not barred by limitation inasmuch as th..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
....ention is available and no exception can be taken to the detention orders.
7. Now to consider the main argument of Mr. Latifur Rahman, the learned Advocate that if the detenus are smugglers then provision has been made by law for trial of these persons to wit rule 18 of the Emergency Powers Rul......os. 267/77, 352/77 and 213 of 1977.
Judgment
Badrul Haider Chowdhury J.— These three rules challenging the detention of the detenus have been heard analogously as a common question of law is involved and these three writ petitions are disposed by this judgment.
2. In Writ Petiti..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)
....nd in the letter of reference, the reference is accepted. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4. ......nafter referred to as the Code) made by Mr. Md. Ibrahim, Addl. Sessions Judge, Dacca, recommending for setting aside the order dated 27.10.70 passed by Mr. M.A. Hye, S.D.O. (North) Dacca, in Case No. law of 1966. 2. It appears from the record that a proceeding under section 145 of the..Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....ed person is joined with the pre-emptor in an application for pre-emption. It has been held in the case of Matilal Sikdar Vs. Menodini 28 DLR (Appl. Divn.) 5 that the benefit conferred under the said provision is meant for certain individuals. The preconditions enabling the pre-emptor to exercise th......o the learned Munsif, pre-emptor No. 2 by associating with himself a stranger to the case holding has forfeited his right of preemption. So, I find and hold that the Misc. case is not maintainable in law. 5. On appeal the learned District Judge reversed the decision of the trial court holding t..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
.... not rent is actually paid, and, if not paid, whether or not the occupant is entitled to hold the land without payment of rent, and if so entitled, under what authority........ 10. From the said provisions it is clear that the authority in charge of survey had to record all the particulars and ......the land from Aftabuddin Sarkar, the original owner of the disputed land, for a valuable consideration stood unrebutted, the learned Judges of the High Court Division committed a substantial error of law in shifting the onus of proof on the contesting defendants on a mistaken view that the said defe..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....able from the facts reported in the case cited by the learned Advocate for the Appellant. 7. The reported case of M.A. Jalil Vs. Surendra Nath has got no relevance in this case. In that case the provisions of sec.283 of the Succession Act, 1925 were construed for determining the question a......hich respondent No.1 obtained the probate. It was alleged that the learned District Delegate acted illegally in granting the probate though the will in question was not proved and the requirements of law in this regard were not complied with. 3. Respondent No. 1 filed a written objection statin..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....ther enquiry' the Board shall determine if there are materials that the servant concerned is prima facie guilty. Foundation for the exercise of jurisdiction must be laid first by resorting to the provision of rules 1, 2 and 3 then sub-rule 4 contemplates a determined action to be taken by the Bo......rvice of the petitioner and the forfeiture of the house at 126, Gulshan Avenue, Dacca, under Article 6 of P.O. 67 of 1972 and the order is challenged on the ground that the same has been made without lawful authority and of no legal effect.
2. The facts in brief are as follows:
The petitio..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
....lue of the trees was fixed at Tk. 2,800.00 and that of the plants at Tk. 1,965 the total being Tk. 4,765.00 by capitalization for a period of 20 years. Mr. Sultan Ahmed has contended that there is no provision for capitalization of the value of trees and that the compensation for the trees will be t...... that there could be no capitalization of the profits from these trees for 20 years. In the instant case also the market value of the trees has been capitalized for 20 years. This is not permitted by law. The L. A. Court, however, did not specifically state the market value of the trees and the plan..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....ction which the Code granted to the Magistrate by sections 252 & 253, having been exhausted it is for him who invokes a power of revival to establish such power. In the absence of a specific provision, the power shall be presumed not to exist." 6. From the judgment in the case of......er of revival of the case before the Sessions Judge who, however, refused to interfere. Then Abul Hossain Sana Moved the High Court which held the order of revival of the case to be justified in law. Against the order of the High Court, Abul Hossain Sana filed an appeal to the Supreme Court of..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
....right accrued by operation of law. 6. Mr. S.R. Pal, the learned Advocate appearing on behalf of the appellant has contended that the Appellate Court below has misconstrued and misinterpreted the provision of the then East Pakistan Enemy Property (Land and Building) Administration and Disposal O......ra Kar, a pleader of Maulvibazar, who used to reside in the same with his family till death. After his death the residential house devolved upon his only son and heir Nikhil Chandra Kar, a practicing lawyer of Maulvibazar, who migrated to India in 1358 B. S. and has been residing there as an Indian ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
.... the proceeding drawn up by the Second Screening Board against the petitioners was wholly illegal and without jurisdiction. In support of this contention the learned Advocate referred to the relevant provisions of the President's Order No.67 of 1977 as amended by President's Order No. 93 of ......dash;For the Respondent No.1& 2. Writ Petition Nos. 351 & 359 of 1976. Judgment Ruhul Islam J.–These two applications were heard analogously as same questions of fact and law are involved, and the same are being disposed of by this judgment. 2. In Writ Petition No. ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
....Code there can not be any doubt that the Election Tribunal is a Civil Court. 10. Learned Advocates appearing for the petitioners contends that there being a difference in the language of the two provisions, namely, rule 57 of the Union Parishad and Paurashava (Election) Rules, 1973 and Section&......ani—For Respondent No. 2 (In 201, 209). Writ Petition Nos. 201, 209 and 211 of 1977. Judgment Rnhul Islam J.-These three applications were heard analogously as common question of law is involved therein. In Writ Petition No. 201 of 1977 the petitioner was declared elected as Cha..Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
.... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ......of the trial Court and dismissed the suit holding inter alia that the plaintiffs have "no easement right over the suit land and as such their claim for permanent injunction is not sustainable in law. The learned Subordinate Judge appears to have directed his attention to the oral evidence adduc..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
....own to him, did not choose to appear in this case from 20-6-72 till 30-12-72 when the suit was decreed ex parte. It is also equally curious that the learned Government Pleader should have ignored the provision of Order 41, rule 1(d) which provides for an appeal from the order passed under Order 9, r...... The Code of Civil Procedure, 1908 (Act No. V of 1908), section 151; Order 9, rule 4 A client shall not suffer because of negligence and enigmatic conduct of its agent lawyer for the ends of justice...............(8) Cases Referred to- The Sind Tan..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
....employer by filing written statement objected to the prayer and, inter alia, mentioned that finding no other alternative and also to keep the good relationship with the worker it was forced to sign 2 provisional agreements on 2-1-72 and 7-6-73 whereby certain additional financial benefits was given ......ing the production of documents and material objects; and
(c) issuing commissions for the examination of witnesses or documents.
4. Mr. Asrarul Hossain contended that by adding a fiction of law by the expression "deemed" the Labor Court has been given of necessity the powers of e..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
9432696092579013927193039129901190196961930693169127929930290209246913460049130