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Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....irm known as "Messrs Budhai Gour Kishore Saha". This partnership firm carried on business of commission agency and owned properties at Bhairab Bazar in the district of Mymensingh. Before the Proclamation of Emergency in September 1965, the appellant had gone to Calcutta on a Pakistan Passp......nership firm known as "Messrs Budhai Gour Kishore Saha". This partnership firm carried on business of commission agency and owned properties at Bhairab Bazar in the district of Mymensingh. Before the Proclamation of Emergency in September 1965, the appellant had gone to Calcutta on a Pakis......ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......roperty, 1952 (2) B. 183; Amiya Kumar Tarafder Vs. Province of East Pakistan, 25 D.L.R. 304; Sevrracht Vs. Van Udens Scheepvart Agentuur Mastschappij (N. V. Gebr), 1943 Appeal Cases 203. Lawyers Involved: Khandkar Mahbubuddin Ahmad, Advocate instructed by A. Rab II, Advocate-..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ......belongs to Mr. Salamat Khan the appellant. Over the demarcation of a common boundary dispute arose between the parties and Mr. Ahad, the Respondent approached the Deputy Commissioner, Chittagong for demarcation of that boundary and Miscellaneous Case No.1 of 1967-68 was staged and a surveyor ap......es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ...... Smoke Ball Company, 1893 1 Q. B. 256; Brogden Vs. Metropolitan Railway Company, 1877 (2) Appeal Cases 666; Muhd. Sagir Bhatti & Sons Vs. Federation of Pakistan, (1968) 10 DLR (SC) 169. Lawyers Involved: M. H. Khandker, Senior Advocate, with B.B. Roy Chowdhury and B.K. Das, Advoca..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
....
The Rule is, accordingly, made absolute;
We, however make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
......ginal Jurisdiction)
Present:
Fazle Munim J
Shahabuddin Ahmed J
Abdul Mannan................................Petitioner
Vs.
Ministry of Land Administration and Land Reforms,
Govt. of Bangladesh…………...............Respondents
Judgm......
The Rule is, accordingly, made absolute;
We, however make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
......inistration and Land Reforms,
Govt. of Bangladesh…………...............Respondents
Judgment
September 2, 1975.
Result:
The Rule is made absolute
Lawyers involved:
M. H. Khandaker with Abdul Aziz, Advocates—For the Petitioner.
Ser..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
...... since 1965. Excepting the verbal permission of the officer of respondent No. 1 he had no other right there. No order of allotment was over made in his favor. Since the year 1968 he has been applying for the settlement of this space under the stair case. He received no reply from the respondent No.1......gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
......he Chairman, D.I.T., D.I.T. Buildings, Dacca and 2 others……………Respondents
Judgment
August 28, 1975
Result:
The Rule is made absolute.
Lawyers Involved:
Ahmed Sobhan with Md. Fazlul Karim and Tamijul Huq, Advoc..
Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)
....tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550 ......discharged 2 out of these accused persons against whom final report had been submitted and directed the police to submit charge sheet against the remaining 4 accused persons including the petitioners for the purpose of taking cognizance of the case against them. 3. Mr. Abdul Hye Chowdhury, the ......tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550 .............Appellants Vs. The Special Tribunal No.1………...................Respondent Judgment August 14, 1975 Result: The application is rejected. Lawyers Involved: Abdul Hye Choudhury with Shah Mohammad Sharif and Mohamma..Category: Administrative Law | Date: 14 Aug, 1975 | Hits: 1
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
....or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ...... decree passed by a Bench of the High Court of East Pakistan in a First Appeal affirming the judgment and decree of the Subordinate Judge, Chittagong against the defendant-appellants in the suit for damages for breach of contract. 2. The plaintiffs A. R. A. G. Limited are respondents: The ......or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ...... Vs. Wilsons & Co. 41 Madras, 907 Ramdhandas R. Kisson Prim Vs. Kishori Girm, AIR 1954 Orissa 254; Pakistan Industrial Development Corporation Vs. Aziz Quroshi, PLD 1965 Karachi 202. Lawyers Involved: H, Rahman Sharif, Advocate, Supreme Court, instructed by S. M. Huq, Advo..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
....s order.
In the result the rule is discharged without any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
...... authority. The property in dispute which stands on two bighas of land with building thereon was requisitioned under section 3 of the East Bengal Emergency Requisition of Property Act. 1948 for the petitioner which is a College of Music, respondents 4 and 5 are two of the owners of the req......s order.
In the result the rule is discharged without any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
......
Secy. Revenue Department, Govt. of Bangladesh
2. Deputy Commr, Dacca & 4 others..............Respondents
Judgment
July 30, 1975.
Result:
The rule is discharged
Lawyers Involved:
Mirza Golam Hafiz, with Md. Abdul Aziz—For the Petitioner.
M.M. Ha..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594 ......arest rival candidate, Respdt. No. 2 and in due course went into office but Respdt. 2 challenged his election by filing an election petition on certain grounds and made an application to the Tribunal for appointment of a Pleader Commissioner to count the ballot papers. The application was allowed an......rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594 ......e Vs. Jollife (1874), L.R.I.C. P-446 and "G.T. Mudaliar Vs. Sakuntala" AIR 1949 Mad. 835; Sirajuddin Ahmed Vs. Upendra Lala", 22 DLR (Dacca) 827; Ram Kr. Vs. Ratan, 35 C.W.N. 841. Lawyers Involved: Mouinul Haque with A. Gafur – For the Petitioner. Khandaker Mahbub..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
.... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566 ......(1) of the Incomr Tax Act as amended by the Finance Order, 1972. And In the of: Application No. 39 of 1973 ) Judgment Ruhul Islam J. — By this application the assessee-applicant prays for deciding a question of law arising out of the order dated the 21st July, 1973 passed by the Inco...... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566 ......957 Karachi 61; Income-tax, Bombay Vs. Sarangpur Cotton Manufacturing Co. Ltd. 1938 (P.C.) 6 I.T.S. 36; Mohd. Anwer Mohd. Iqbal Vs. Income-Tax Appellate Tribunal, Karachi (1967) 15 Taxation 182. Lawyers Involved: Abdul Hamid Chowdhury and Khondker Fazlul Quadir—For applicant. A..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
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 ......iruzzaman under Order 9 rule 4 and section 151 of the Code of Civil Procedure restoring his Misc. Case No. 2 of 1967 filed by him under Order 9 rule 13, Civil Procedure Code, for setting aside the ex parte decree which was obtained by the plaintiff petitioner before me. ...... 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 ......ibash Mukhupaddya and ors. Vs. Elahi Haider and ors.; 1969 D.LC 590 Nur Md. Babar Ali & ors. Vs. Shah Md. Ali and ors; Civil Order No. 14 of 1966, Lutfar Rahman Vs. Montashemuddin & ors. Lawyers Involved: Md. Yahya- For the Petitioners. Abdul Hamid- For the Opposite party..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
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 .......19, 74, declaring the election of Vice-Chairman of Thanahat Union Parishad, Kurigram, Rangpur, avoid as being passed without lawful authority. 2. The facts are:-The petitioner who had contested for the post of Vice-Chairman of Thanahat Union Parishad of Rangpur was declared elected. The electi......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 ...... 1. Election Commission Dacca. 2. M.R. Talukdar, Munsif and Election Tribunal, Kurigram....the Respondents Judgment June 3, 1975. Result: The rule is made absolute. Lawyers Involved: Shah Azizur Rahman—For the Petitioner. No One—For Responden..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 ......ur and another, AIR 1956 Rajasthan 145; Ganeshi Ram Vs. District Magistrate and another , 1962 P.L.C. 1021. Lawyars Involved: Mozammal Huq—For Petitioner (In C.R. No. 1423 of 1970 and for opposite party (In C.R, No. 811 of 1968) Ranadhir Sen—Dy. Attorney-General—For ......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 ......k, N.W.R. Gujarat, 15 DLR (SC) 261; Anant Ram and others Vs. District Magistrate, Jodhpur and another, AIR 1956 Rajasthan 145; Ganeshi Ram Vs. District Magistrate and another , 1962 P.L.C. 1021. Lawyars Involved: Mozammal Huq—For Petitioner (In C.R. No. 1423 of 1970 and for opposite ..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 ......bsp; On receipt of information to that Government bound to restore the property. If on some sort of information the ......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 ......es in question could not be treated as abandoned property within the meaning of Article 2 of the President's Order No. 16 of 1972 due to the circumstances mentioned above…....(3) Lawyers Involved: T. H. Khan with A. H. Md. Nurul Huda Khandaker, Advocates—For the Petit..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)
....ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ......l Magistrate, Pabna, in G. R. Case No. 264 of 1973 convicting the appellant under section 19(f) of the Arms Act read with P. O. 50 of 1972 and sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Tk. 500/- in default to suffer rigorous imprisonment for another......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ....... Result: The appeal is dismissed. Evidence to Be Excluded Only that part of a witness's evidence to be excluded which is found false and not his whole evidence Law does not require that the entire evidence of such an witness should be rejected. Evidence of suc..Category: Arms Law | Date: 2 May, 1975 | Hits: 2
.... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
......he was on his normal inspection duty after the college hours as the Programme Officer on 5. 8. 58, he was seriously injured by the fall of a huge C.I. Sheet which suddenly fell on him with a terrific force from the scaffolding at the top of the Assembly Hall of the College. He was immediately remove...... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
......62)1Q.B.373;ManindraNath Mukherjee Vs. Mathuradas Chatterjee A.I.R. 1946 Cal. 175; Flint Vs. Lovell, (1935) 1 K. B. 354; Own Vs. Sykes (1936) 1 K. B. 192; Rose Vs. Ford, (1937) 3 All. E. R. 359.
Lawyers Involved:
S.R. Paul and Abu Backar-For the Appellants
Abdul Hamid, B.K. ..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
....e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
......a Government Controlled Organization. The petitioners in these 2 petitions are no other than a body of workers of the respective mills, namely; Eastern Hosiery Mills and Messrs. Gadit Industries, who formed themselves into Societies registered under the Cooperative Society Act, 1940. The impugned Or......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
......ril 28, 1975.
Result:
Rules are discharged.
Cases Referred to-
Mian Fazal Din Vs. Lahore Improvement Trust, Lahore and another, (1969) 21 DLR S.C. 225 P.L.D. 1969 (S.C.) 223.
Lawyers Involved:
Mirza Golam Hafiz, with A.T. Chowdhury, Khademul Islam Chowdhuryr—For P..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ......ion in his favor. The said Kunja Mohan Dev is no other than the father of the respondent No. 2, Anil Chandra Dev, who filed an application to the S. D. O. (N) Chittagong, alleging that the petitioner forcibly turned him out of the shop on 22.9.71 with the help of some military personnel. The petitio......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ......Referred To- Farquharson Vs. Morgan, Queen’s Beach Division (1), 1894, 552 at page 558; Lord Denman in Bodenham Vs. Rickets; Lal and others Vs. The Crown, reported in 6 DLR (P.C.), 38 Lawyers involved: M. H. Khandker-For the Petitioner. S. R. Pal with S. C. Das—For th..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....eign State of Bangladesh took place on the 26th March, 1971 in accordance with the declaration of independence made by Bangabandhu Sheikh Mujibur Rahman on the said day at Dacca, and confirmed by the Proclamation of Independence issued by the People's Representatives from Mujibnagar on the 10th ......te Judge, Chittagong under section 5 of the Arbitration (Protocol and Convention) Act, 1937, which were numbered as Title Suit Nos. 3 and 4 of 1973. Prayer was made in the said applications for a decree of Tk. 8, 813, 76 and Tk. 37,931.00 on the basis of two Awards dated 19. 6. 68 and 15. ......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 ...... April 23, 1975. Result: Both the Rules are made absolute. Cases Referred to- M/s. Yangteza Ltd. Vs. Barlars Brothers, 14 DLR (SC) 151; Ram Babu Vs. State, DLR (1950) SC 155. Lawyers Involved: Moinul Hossain, Mozammel Hoque Khan —For Petitioner (In both the Rules)..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 ......ince of East Pakistan, which was defendant No. 1 in the suit. 2. The plaintiff respondents brought this suit being Title Suit No. 42 of 1943 in the Second Court of Subordinate Judge at Bakerganj for a declaration of title and recovery of khas possession and for mesne profits as well as for a pe......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 ......54 I.A. 156, 31 C.W.N. 717; Rahimuddin Matabbar Vs. Naimuddin Howladar 31 C.W.N. 751; A.I.R. 1927 Cal. 565; Surendra Lal Depal Vs. Satya Tamas Ghosal, 12 D.L.R. 214; P.L.D. 1960 S.C. (Pak.) 179. Lawyers Involved: Fakir Shahabuddin, Attorney-General Ismailuddin Sarkar, Asstt. Attorney Gener..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 ......put to auction sale on 1.8.70. Syed Maksud Ahmed the petitioner is the auction-purchaser. Judgment-Debtor Basu filed an application under Order 21 rule 90 of Civil Procedure Code on 29.8.70 for setting aside sale. It was registered as Misc. Case No. 354 of 1970. It may be noted that the ju......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 ......B.D. 267 Per Lord Coleridge C.J. In Barlow Vs. Teal (1885) 5 Q B.D. 403 Messers S.A. Haroon Vs. Collector of Customs (1959) 11 D.L.R. (S.C.) 200; Noakes Vs. Doncaster Amalgamated Collieries Ltd. Lawyers Involved: Moinul Huq-For the Petitioner Mian Abdul Gafur, Asrarul Hossa..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
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