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Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)

....d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ......ction of the Chairman of Noakhali Pourashava on the ground that there were certain unauthorized papers in the ballot boxes at the P.T.I. Maizdi Polling station. 2. The petitioner was a candidate for the office of Chairman of Noakhali Pourashava and the election was held on the 21st December, 19......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ......964. S.C. 636; Mainuddin Ahmed Vs. delimination Officer, Narayanganj and others, (1961); 17 DLR 181 PLD. 1961 Dacca 263; The Presiding Officer Vs. Sadruddin Ansari and others, 19 DLR (S.C.) 510. Lawyers Involved: Serajul Huq, with Amir Hossain Khandaker—For the petitioner. K.Z. ..

Category: Election Law | Date: 4 Apr, 1975 | Hits: 2

Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)

....e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......ith defendant. No. 8 and 9 as also restraining the defendants 8 and 9 from making any payment to defendants 1-7.” 2. The Trial Court was of the view that the suit, in substance, was a suit for possession of property and he also held that the prayer for declaration and for injunction was n......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......engal Ltd. (1959) 11 DLR 57; Md. Yasin (1974) 26 DLR 82;Mt. Sushila Devi Vs. Ram Kishan Das and others, A.I.R. 1943 Lahore 39; C. Mohammed Yunus Vs. Syed Unnissa and others, A.I.R. 1961 S.C. 808 Lawyers Involved: M. H. Khondker and Habibul Islam Bhuiya—For the petitioner. Ahmed..

Category: Property Law | Date: 5 Mar, 1975 | Hits: 2

Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)

....uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......ugh Court and dispossessed the Respondent, Obaidul Huq on 29-7-61. It was alleged that Ramjan was a benamdar of the landlord-decree holders. The holding belonged to Uttama Sundari Devi who had left for India. There was an agreement of sale between her and Respondent Abdul Azim who was in possess......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......Vs. Sheo Baksha Singh II IA. 237; Balakrishna Udayar Vs. Vasudeva Aiyar, 44 LA. 261-22 C.W.N; Joy Chand Lai Babu Vs. Kamalaksha Chowdhury, 1 DLR 46; Jaisri Lal Vs. Dulhlal A.I.R. 1930 Patna 416. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Abdur Rab-II, Advocate-on-Record—F..

Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271

Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)

....rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ...... D.C. Bhattacharya J. - This appeal is at the instance of the Plaintiff and directed against a decree dismissing his suit. The Plaintiff brought a suit against the Province of East Pakistan for a declaration that the requisition of C. S. Plot No. 992 of Mouza Dhanmondi on or about 19.4.57 ......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ...... India Vs. Nanak Singh (1968) 2 SCr. 887. AIR 1968 SC 1370; Yaqub Vs. The Chief Settlement Commissioner Lahore, 17 DLR (SC) page 105; Md. Kutubuddin Jaigirdar Vs. Nurjahan Begum, 25 DLR page 21. Lawyers Involved: B. N. Chowdhury Advocate—For Appellant. Ismailuddin Sarkar, Asstt...

Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2

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

....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. ......ppellant Vs. M/s. Lucky Biri Company.................................Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; Pres......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. ....... Lucky Biri Company.................................Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; President Vs. Mr. Justice Shau..

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 ......n and Mafu alias Mafizuddin Oazi have been convicted by Mr. H. M. R. Siddique, Sessions Judge, Comilla, by his order dated 25-4-70 under section 302/34 B.P.C and sentenced to transportation for life, for murdering one Hasan Ali Chowkidar. 2. The prosecution case is that Hasan Ali Chow......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 ......p;…………………....................Respondent Judgment January 21, 1975. Result: The order of conviction and sentence is set aside. Lawyers Involved: Rafique Rahman—For the Appellants. Moazzem Hossain—For the S..

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)

.... the satisfaction of the decree passed in Money Suit No. 3 of 1960. A.S. Faizul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 523 ......h Court of the Subordinate Judge, Dacca in Title Suit' No.7 of 1960, which the Appellant brought against the East Pakistan Provincial Cooperative Bank Limited (hereafter referred to as the Bank.) for a declaration that the sale of the goods which were placed as security for the payment of the mo...... the satisfaction of the decree passed in Money Suit No. 3 of 1960. A.S. Faizul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 523 ......inental sundicate of Trade Vs. Lloyds Bank Ltd. P.L.D. 1966 (W.P) Karachi 556; Bharat Bank Ltd. Vs. Sheoji Prasad, A.I.R. 1955 Pat. 288; Hulas Kunwar Vs. Allahabad bank Ltd A.I.R. 1958 Cal. 644. Lawyers Involved: Md. Mozammel Huq—For Appellant Abu Backer—For Respondent ..

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. ......d-For the Appellants. Mahbubur Rahman, Advocate, instructed by S.S. Hoda, Advocte-on-Record-For the Respondent No.1. Criminal Appeal No.31 of 1974. (Arising out of Criminal Petition for Special Leave to Appeal No.56 of 1974.) Judgment Ahsanuddin Choudhury J. - This appe......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. ......nother………………......Appellants Vs. Farrok Ahmed and another………………....Respondents Judgment December 18, 1974. Result: The appeal is allowed. Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by Abu Backkar, Advocate-on-Recor..

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. ......nt passed in Criminal Appeal No.153/69, let the case be transferred and registered as special case. Cognizance u/s 4(1) of the Criminal Law Amendments Act has already been taken. To 12-1-70 for appearance of the aced persons.” Seven such orders have been passed by the learned Se......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. ......1974. Result: The rules are made absolute. Cases Referred To- Md. Shafiullah Vs. the State (1957) 19 DLR page 254 (259); Aminul Haque Vs. The Crown (1951) 3 DLR (FC) 518(526) Lawyers Involved: Md. Nurul Huq with Rabi Bhuiya and Mozammel Hoque Bhuiy—For the Petitio..

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: ...... and others………………Respondents (In Civil Appeal No. 2 of 1974). Judgment May 3, 1974. Result: The order sending the case back on remand for retrial is hereby set aside. The award made by the learned Chairman directing the re-instat......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: ...... East Pakistan, 18 DLR 45; Karnaphuli Paper Mills Ltd. 13 DLR 160; Glaxo Laboratories (Pak) Ltd. Karachi Vs. Pakistan, 14 DLR (SC) 17; Secretary, EPIDC Vs. Mohammad Serajul Huq, 22 DLR (SC) 284. Lawyers Involved: Mozammel Huq, Advocate, instructed by A. W. Mallik, Advocate-on-Record &mdas..

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 ......er this Rule was issued calling upon the Deputy Commissioner, Dacca to show cause why the petitioner who is alleged to be illegally and improperly detained in jail should not be produced or brought before the Court to be dealt with in accordance with law or set at liberty. 2. The facts of the c......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 ......vernment of Pakistan, (1963) 20 DLR (SC) 249; P.L.D. 1968 (SC) 313; Government of West Pakistan and another Vs. Begum Agha Abdul Karim Shorish Kashmiri, (1969) 21 DLR (SC), P.L.D. 1969. (SC) 14. Lawyers Involved: Kazi Shahadat Hossain, Advocate—For the Petitioner. A.T.M. Afzal, ..

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

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

.... think that this contention of the learned Advocate has got any force 12. Mr. Gafur has next submitted that the impugned auction sale took place on the 6th September, 1965 and on that very date, Proclamation of Emergency was made by the President of Pakistan and in view of amended provision of ......desh, AIR 1963 (SC)1019;M P.V Sundararamier & Co. Vs. State of Andhra Pradesh, AIR 1958 (SC) 468. Lawyers involved: Latifur Rahman—For the Petitioner. Miah Abdul Gafur—for the Opposite parties. Revision Case No.650 of 1971. Judgment Debesh Chandra Bhatt...... appeals were pending in the Supreme Court of Pakistan against those orders and writs made and issued by the High Court or West Pakistan when the Constitution of 1956 was abrogated by promulgation of Martial Law, and clause 7 of Article 2 of Laws (Continuance in Force) Order, promulgated thereafter,......asheshar Nath Vs. Commor of Income Tax, AIR 1959 (SC) 149;Mahendra Lal Vs. State of Uttar Pradesh, AIR 1963 (SC)1019;M P.V Sundararamier & Co. Vs. State of Andhra Pradesh, AIR 1958 (SC) 468. Lawyers involved: Latifur Rahman—For the Petitioner. Miah Abdul Gafur—for the..

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

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 ......e is directed against the order of the District Controller of Food, Barisal dated 15.12.67 and of the order of the Regional Controller of Food dated 22.4.68 dismissing the petitioner from the service for misconduct. 2. The facts giving to this petition are as follows: The petitioner was a ......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 ...... 1966 (S.C.) 1827; AIR 1966 S.C. 1827; AIR 1963 (S.C.) 395; Muhammad Umar Vs. Malik Hakam Khan and another, P.L.D. 1968 Lahore, 1093; Ghulam Sarwar Vs. Pakistan reported in P.L.D. 1962 S.C. 142. Lawyers Involved: S. F. Ahsan, Advocate—For the Petitioner. K. Z. Alam, Deputy Attor..

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

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

....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. ......Code of Civil Procedure against an order of rejection of an application filed by the petitioners under section 151 read with section 148 of the Code of the Civil procedure praying for vacating an order of dismissal of a suit for specific performance of contract. The petitioners f......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. ...... Cal. 75; Printing and Industrial Machinery Ltd. Vs. Swastika Press Ltd. 90 Cal. L.J. 105; Bokaro and Ramgarh Ltd. Vs. State of Bihar, AIR 1965 Cal. 308; Mahanth Ram Das Vs. Ganga Das, AIR 1961. Lawyers Involved: Abdul Hamid—For the Petitioner. No one—For the Opposite Par..

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)

....For the Respondents. Petition No.201 of 1971. In the matter of an application under Article 98 of the late Constitution of the Islamic Republic of Pakistan, 1962 read with Article 5 of the Proclamation of Martial Law dated 25th of March, 1969 and Article 62; of the Provisional Constitutio......ostafa was a junior clerk in the National Bank of Pakistan, as it then was, Khulna Branch. He was appointed on 22nd July, 1965. Sometime in November, 1966, he was found to have committed certain acts for which he was first suspended and then a criminal prosecution was launched against him. This crim......nts. Petition No.201 of 1971. In the matter of an application under Article 98 of the late Constitution of the Islamic Republic of Pakistan, 1962 read with Article 5 of the Proclamation of Martial Law dated 25th of March, 1969 and Article 62; of the Provisional Constitutional Order dated ......ourt, Khulna.......Respondents Judgment April 9, 1973. Result: The Rule is made absolute Case Referred to- James Finlay & Company Vs. Aminul Islam, 21 D.L.R. 84 Lawyers Involved: Asrarul Hossain, A. Azim, Advocate—For the Petitioners. Moinul Hug..

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 ...... 1. Additional 'District Judge, 1st Court, Dacca, Chairman, Special Tribunal under P.O. No. 13 of 1972. 2. Md. Shamsuddoula, son of late Haji Abdus Sattar, Ministry of Information, Dacca…………………………&hel......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 ...... March, 20, 1973. Result: the Rule is discharged and the order of stay is vacated. Case Referred to- M. Noman Vs. Dacca Improvement Trust and others,16 D.L.R. (Dacca) 537. Lawyers Involved: Md. Fazlul Karim and Md. Moinul Huq, with Golam Rabbani—For the Petitio..

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. ...... 1973. Result: The Rule is discharged. Lawyers Involved: M. Behtar Ali, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Special Leave to Appeal No.21-D of 1971. Judgment AM Sayem CJ. - This Petition for Sp......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. ......��…..........................Petitioner Vs. Mosammat Matiunnessa Khatun and others........Respondents Judgment February 2, 1973. Result: The Rule is discharged. Lawyers Involved: M. Behtar Ali, Advocate-on-Record- For the Petitioner. Not repr..

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 ...... M. A. Rouf-For the Respondent No one -For the Deputy Registrar. Appeal from Appellate Decree No. 1188 of 1965 Judgment Ruhul Islam J.- This appeal is by a defendant in an action for specific performance of contract. Plaintiff-respondents 1 and 2 instituted the O.C. Suit No. 52/...... 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 ......ulmal Karkhana Ltd. (1964) 16 DLR (JSC) 706; P LD. 1965 (S.C.) page 37; Ardeshir H. Mama Vs. Flora Sassooa A.I.R. 1928 Privy Council Page 208 ;Golam Ali Kazi Vs. Saijuddin Howlader and another, Dacca Law Cases page 246. Lawyers Involved: Abdul Hamid—For the Appellant. M. A. Rouf..

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)

....ituting or defending any suit or other legal proceeding that were necessary for the preservation of the vested properties and to carry on trade and business of the enemy firm. After revocation of the Proclamation of Emergency on 17th Feb, 1969 the Enemy Property (Continuance of Emergency Provisions)......as filed on 19-2-68 by M/s. Hardeo Glass, Aluminium, Enamel and Silicate Works, an enemy firm represented by East Pakistan Small Industries Corporation (hereinafter referred to as the 'EPSIC' for a decree of a sum of Taka 7, 24,559.20 on account of loan advanced and money spent on miscellane......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. ......ner Vs. M/s. Hardeo Glass, Aluminium, Enamel & Silicate Works……Opposite Party Judgment August 10, 1972. Result: The rule is discharged. Lawyers Involved: Md. Joynul Abedin—For the petitioner. Shah Md. Sharif, H.K.Abdul ..

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 ......tate till disposal of the suit. The plaintiffs who are the opposite parties No.1-3 in this Rule have brought a suit being Title suit No.151 of 1970 in the 2nd Court of Subordinate Judge, Sylhet for a declaration that they are seized and possessed of the property in suit which is known as Looba......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 ......nki Venkata Subba Pao, AIR 1957 Andhra Pradesh 857; Inayat Ullah Vs. Shah Muhammad, PLD 1961 Lahore 373; Pak. Employees Co-operative Housing Society Ltd. Vs. Anwar Sultana, PLD 1969 Karacai 476. Lawyers Involved: Bhahudat Honsain, Md. Abdul Aziz—For the Petitioners. Abdul Wadud ..

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

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