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Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)

....as caused a loss to the plaintiff company to the extent of Tk. 10 197/5/- by way of compensation for illegal and wrongful taking of the said money together with charges amounting to Tk. 802/11 /- The total claim thus was laid at Tk. 11.000/-. 4. The defendant, erstwhile Government of East Benga......e think that the learned Subordinate Judge had wrongly kept the legal entity of the plaintiff company distinct and separate from the other company of Khorabhai Jagmal. There is no doubt that there is absence of evidence from the defendant's side as regards the persons against whom the certificat......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411.   ..

Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3

Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)

....ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ..

Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2

Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co¬operative Bank Ltd, 1975, 4 CLC (HCD)

....s bound to make good the loss caused to the plaintiff. The plaintiff has therefore prayed for recovery of Rs. 62,000/- as the value of the cost price of the goods and Rs. 6000/- as anticipated profit totaling a sum to Rs. 68,000/00 as compensation. It has also been prayed in the suit that a declarat......23rd June 1954 and marked Ext.'F' shows the value of the stock of timber, as was estimated by him, to be Rs. 41,900/- and the said Auditor has observed in the said report that although in the absence of proper arrangement it was not possible to verify the stock by actual measurement he took ......s the Bank.) for a declaration that the sale of the goods which were placed as security for the payment of the money taken by the appellant as a loan from the said. Bank was void, illegal and without jurisdiction and also for recovery of a sum of Rs. 45,500/-. This suit was tried analogously wi..

Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3

Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)

....e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ......nd the daily cause lists which was his usual duty but unfortunately the said Abdur Razzaq missed the case in the list. Consequently the Criminal Revision was heard by the High Court Division in the absence of the Appellants Advocate and that the Rule was discharged on 5.8.74. The appellants came......e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ..

Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7

Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)

....ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237.   ......aw and to allow this will be to give premium to the infirmity of the prosecution. We have already observed that even if fresh prosecution is allowed it is hardly possible after so many deaths and the absence of the owner of the property to prove the case against the petitioners. In the case of Md. S......il Molla who was chairman of the Union Council and as such a public servant was involved in this case and it was further pointed out that the learned Magistrate who had committed him for trial had no jurisdiction either to commit this case to The Court of Sessions or to allow the case to be withdraw..

Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2

Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)

....tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accor­dingly without any order as to costs. Ed. This Case is also Reported in: ......on was a Labour Dispute within the meaning of section 2 (k) of East Pakistan Labour Disputes Act, 1965 and (iii) Whether the Labour Court can make an order for re-instatement of a worker in the absence of a complaint seeking reinstatement in accordance with the provisions of section 25 of the ......ng on 27th July, 1963. On that day also the said member was absent. The Chairman directed the Company to recognise the Workers' Asso­ciation. The Company then moved the High Court in its writ jurisdiction. It was contend­ed that the Industrial Court was not properly constituted as requir..

Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134

Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)

....cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......des the alleged confession to show the petitioner's involvement or association of activities connected with Muslim Bangla movement such materials would surely have been produced before us. If the absence of such materials it is difficult for us to say that the detaining authority had enough mate......further detention under successive orders of detention since then can no longer be held to be valid. 15. Another contention was raised by the learned Deputy Attorney-General regarding the bar on jurisdiction of this Court to entertain the petitioner's application under section 491 ..

Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2

Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)

....nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160   ......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160   ......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160   ..

Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1

Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)

....to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1.   ......cretary, Judicial Department, Govt. of East Pakistan and another, reported in 17 DLR (Dacca) 451. In that case a deed of sale executed by Chitta Ranjan Sutar was refused registration on the ground of absence of permission of the Board of Revenue as required under section 4 the said Ordinan......ke legislation which suffers from the incident of an inherent lack of power.” 20. The learned Chief Justice appears to have been greatly influenced by the judicial views of certain foreign jurisdictions as to invalidity of a State Law coming in conflict with a Federal or Common Wealth Law..

Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8

Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)

.... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244   ......his work is not connected with the subject of manufacturing process and the respondent's attempt would equally have been to substantiate their claim that his work is so connected. 11. In the absence of any issue or materials which might have enabled the Labor Court to a definite finding as ...... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244   ..

Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2

Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)

....de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393         ...... "From the examination of the witnesses namely, Mr. Harun Rashid Despatch Clerk, L.D.C. and Mr. Habibur Rahman, H/C and the Issue Register it appeared that on many previous occasions during the absence of the Despatcher Mir Alauddin Ahmed, the accused issued and despatched letters. The Despatc......tated in his statement that he never directed the delinquest Typist to deliver the letters. The delinquent thus delivered the letters to a fictitious person at his own initiative which was beyond his jurisdiction with a malafide motive.” 7. Mr. Ahsan, the learned Advocate pressed here and..

Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1

Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)

....n the litigation that the question of making any order in inherent jurisdiction arises. If jurisdiction had already ceased to exist the scope of making order in the inherent jurisdiction of the court totally disappears. The real question, therefore, is whether in a case like this, where an order has......tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......he present petition of revision is directed against the said order and Mr. Abdur Hamid, the learned Advocate appearing on behalf of the petitioners contends that the learned Munsif failed to exercise jurisdiction in not granting extension of time under section 148 of the Code of Civil Proc..

Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1

National Bank of Pakistan, represented by the Supdt. of Admn. Local Principal Office, Motijheel, Dacca Vs. Third Lobour Court, Khulna, 1973, 2 CLC (HCD)

.... against all principles of Interpretation of Statutes. In our opinion, therefore, 'any sitting' means one or more than one sitting, but it does not mean all the sittings, or in other words, a total absence. Had that been the purpose of the law makers, they would have employed some other lang......) If any member of the Labor Court is absent from, or is otherwise unable to attend, any sitting of the Court, the proceedings 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 b......member. The violation of the aforesaid rule, according to the learned Advocate for the Bank, goes to the very constitution of the Court itself, so that the decision given by it is illegal and without jurisdiction. 5. Mr. Huq, has contended that the rule 34 is not mandatory, and if it is held to..

Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1

Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)

....is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163   ......is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163   ......om the date of order. A true copy of the said, judgment and order is annexed to this petition and marked as Annexure "I" which has been challenged before this Court under its 'writ' jurisdiction. 2A. The Respondent No. 2 in his affidavit-in-opposite has controverted, whatever ..

Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4

Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)

....le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ...... notice from defendant No.1. All the material allegations in the plaint regarding plaintiff's alleged right, title and possession were denied in the two written statements. Pleas of limitation and absence of cause of action were also taken in the written statements. The common case in the two wr......le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ..

Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3

Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)

.... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159     ......hat the right conferred under agreement was neither transferable not assignable and according to the terms of agreement this right can be exercised by the vendor (promisee) or his legal heirs. In the absence of any authority granted to the prosmisee to transfer or assign the right to any person outs...... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159     ..

Category: Property Law | Date: 8 Jan, 1973 | Hits: 2

Dinajpur Industries Ltd Vs. M/s. Hardeo Glass, Alu¬minium, Enamel & Sili¬cate Works, 1972, 1 CLC (HCD)

....s. The suit is pending for a long time. It may be disposed of as expeditiously as possible. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 158. ......at the EPSIC or its Chairman has no authority either under rule 181 of the Defense of Pakistan Rules, 1965 or under the Notification dated 6-10-65 to institute the suit on behalf of the plaintiff nor absence of such authority could be cured by subsequent Notification dated 13-7-1968, inasmuch as the......s. The suit is pending for a long time. It may be disposed of as expeditiously as possible. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 158. ..

Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2

Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)

....ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem,   CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1   ......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem,   CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1   ......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem,   CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1   ..

Category: Property Law | Date: 5 Jul, 1972 | Hits: 0

Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)

....e property except where the mortgagee is the Government or a local authority or a schedule bank or a statutory Corporation or a Co‑operative Society or (c) for partition of immovable property where total area of the property involved exceeds one hundred standard "bighas." Now, the q......eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136.   ...... Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136.   ..

Category: Property Law | Date: 3 May, 1972 | Hits: 4

Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)

....le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ......le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ...... before him to be an appeal. He has further contended that since the petitioner challenged the order of the Administrator declaring the entire Chandanpura property to be Waqf property and invoked the jurisdiction of the District Judge for declaration as to whether that property (except 1/6th share t..

Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167