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Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
....n one under the mortgage at least for 16/17 years; that they acquired an; indefensible right against the plaintiff and the plaintiff's suit was time-barred. 5. Mr. M.A. Muttalib, the learned Advocate for the appellant, has submitted that the mortgagee Abdur Rashid, in the absence of any con...... High Court Division (Civil Appeiiate Jurisdiction) Present: M. H. Rahman J Sukhendu Bikssh De & another ……………….......Appellants Vs. Nurul Islam & others.........................................Respondents Judgment ...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....ernment Board Vs. Arlidge 1915 AC 120; Abdul Kashem Vs. Bangladesh, (C A. No. 138 of 1977). Lawyers Involved: K.A. Bakr, Attorney-General with B.B. Roy Chowdhury, instructed by D. Hossain, Advocate-on-Record - For the Appellants. Syed Ishtiaq Ahmed, Senior Advocate instructed by A......3. ......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....ns Under Article 102 of the Constitution and obtained these rules. 4. Mr. K.A. Bakr, the learned Attorney General has appeared for the petitioner and Mr. Zamiruddin Sarker, the learned Advocate has appeared for the respondents-workers. The learned Attorney General has referred to Ordi......gh Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J R.R. Textile Mills Ltd. & others.............Petitioners Vs. Din Mohammad & others.....................Respondents Judgment July 5, 1978.......nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ......nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
....ected thereby and that it was filed after a long lapse of 43 years by the heirs of the original plaintiff who cannot maintain the petition for final decree. 3. Mr. Nizamuddin Haider, the learned Advocate appearing in support of the Rule contends that the suit was decreed in preliminary form gra......78) 424. ......d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424. ......d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424. ..Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
..... who testified in support of the prosecution case as given out by P.W. 3. We shall take up the question of value and effect of the said oral evidence shortly. 13. Mr. Mostafa Kamal, the learned Advocate, appearing in support of the appeal, firstly, contended that the evidence of causing death ......gh Court Division (Criminal Appellate Jurisdiction) Present: Abdur Rahman Chowdhury J A. T. M. Afzal J Monoruddin @ Mona & another.........................Appellants Vs. The State....................................................Respondents Judgment ......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
.... the Constitution of Bangladesh. The petitioner felt aggrieved by this action of the Returning Officer which, according to him, is illegal and without Jurisdiction. 3. Mr. K S. Nabi, the learned Advocate hat appeared for the petitioner and Mr. A. Bakr, the learned Attorney General has appeared ......ision (Special Original Jurisdiction) Present: Shahabuddln Ahmed J Abdul Matin Khan Chowdhury J A. K.Mujibur Rahman, alias Mujibar Rahman................Petitioner Vs. Returning Officer & others...................................Respondent Judgment ......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....y law whether committed before or after the Martial Law came into existence, it is stated that the petitioner is not a competent person to file the writ petition. 9. Mr. Serajul Haq, the learned Advocate appearing for the petitioner canvassed that (1) Regulation 3(2) cannot be given retrospecti......t High Court Division (Special Original Jurisdiction) Present: Badrul Haider Chowdhury J Abdul Malek J Haji Joynal Abedin...............................Petitioner Vs. State, People's Republic, Bangladesh others……..Respondents Judg....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....were obtained. It appears that an order has been recorded for analogous bearing of the two Rules. Accordingly, both the Rules are taken up together for hearing. 5. Mr. A.F.M. Shahid, the learned Advocate appearing in support of the Rules has contended that the learned Munsif acted illegally and...... Revisional Jurisdiction) Present: Ranadhir Sen J Abu Daud and others………………………………..Petitioners Vs. Ruhul Amin Sardar and others (In C.R. 445/75) Sailuddin Sardar & others…&he......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....(I), G.G.(I), and H.H.(I) of the pre-emption proceedings the learned Subordinate Judge held that the defendant came upon the suit land earlier than 1368 B.S. 5. Mr. Md. Abdur Rashid, the learned Advocate for the appellants, has submitted that having regard to the provision of Order 41, rule&nbs...... ......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....be dismissed. Hence this second appeal by the plaintiff. 3. Mr. Latifur Rahman, appeared for the appellant and Mr. Syed Mohammed Ali appeared for the respondents. Mr. Latifur Rahman, the learned Advocate for the appellant urged that the orders of dismissal passed by the Courts below were illega...... ......missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ...... and determine any right between the parties…. (7 & 9) Cases Referred to- S.M. Jamiran Khatoon Vs. The Secretary of State for India in Council and another, 44 C.W.N. 745); Sudhir Kumar Chatterjee Vs. Mahadeb Chakraborty & ors., 52 C.W.N. 685; Mahalaxmi Devi Vs. Bamacharan, A..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....two firms should not be tagged together for the purpose of assessment. It thus appears that the question in both the two sets of cases is one and same. 4. Mr. Mozammel Haque Bhuiyan, the learned Advocate has appeared for the department but none has appeared for the assessee. Mr. Bhuiyan has ref...... (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Sultan Hossain Khan J Commissioner of Income Tax, Chittagong Zone…………Appellants Vs. M/S. Pakistan Tubewell Company……………..Respondent Judgmen......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
.... Vs. University of London, (1966) 2 All F.R. 338. Kindersley Vs. C Shafiqur Rahman Vs. Certificate Officer, Dacca and another, (1977) 29 DLR SC) 232. Lawyers Involved: A. B. M. Nurul Islam, Advocate—For the Petitioner. Syed Ishtiaq Ahmed with Mahmudul Islam, Advocates—For ......rt High Court Division (Special Original Jurisdiction) Present: S. M. Mohsen Ali J A. T. M. Afzal J Badrunnessa..........................................Petitioner Vs. Vice-Chancellor, University of Dacca and others....................Respondents Ju......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....the plaint and for addition of party but rejected the application under Order 7 rule 11 of the Code. Hence the present Rule at the instance of defendant No. 1. I have heard the learned Advocates and perused the impugned order, petition and counter affidavit on record. The records of t...... ...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....19/1973 the same view was expressed and that view was also quoted with approval in 27 D.L.R. 266. 4. Mr. Moksudur Rahman has placed the section 145 Cr.P.C. in its entirety. The learned Advocate submitted that the 2nd proviso gives the emphasis on the question of material because the w......sdiction) Present: Badrul Haider Chowdhary J A.T.M Masood J Amirul Islam Chowdhory J Saber Ahmed and 30 others (2nd party)…………… Petitioner Vs. Amir Hamja & 6 others……………………........sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....19/1973 the same view was expressed and that view was also quoted with approval in 27 D.L.R. 266. 4. Mr. Moksudur Rahman has placed the section 145 Cr.P.C. in its entirety. The learned Advocate submitted that the 2nd proviso gives the emphasis on the question of material because the w......ction) Present: Badrul Haider Chowdhary J A.T.M Masood J Amirul Islam Chowdhory J Saber Ahmed and 30 others (2nd party)……………Petitioner Vs. Amir Hamja & 6 others……………………........ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....ractically nil. It was further held, that as the plaintiff was a co-sharer through a female line the fact that his name was not recorded was no proof of his ouster. 6. Mr. Md. Yasin, the learned Advocate appearing for the appellants, has submitted that the Court of appeal below misread the defe......9. ......r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ......r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....the last recorded borgadar, and the transferrer-defendants had no saleable interest in the suit land and as such the defendants were liable to be evicted. 6. Mr. A.T.M. Kamrul Islam, the learned Advocate appearing for the appellant, has submitted that the learned Subordinate Judge misinterprete......0. ......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....y evidence as to the alleged transaction of mortgage. 5. The learned Subordinate Judge affirmed the findings of fact as well as of law of the learned Munsif. 6. Mr. M.A. Khaled, the learned Advocate for the appellants has submitted that Section 91 of the Evidence Act, has been mi......h Court Division (Civil Appellate Jurisdiction) Present: M. H. Rahman J Ananda Chandra Mitra………………………Appellant Vs. Abdur Rahman Howladar................Respondent Judgment March 15, 1978. Res......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....p;…………………Respondents Judgment February 28, 1978. Result: The appeals are dismissed. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Mian Abdul Gafur, Advocate-on-Record - For Appellant (In Civil Appeal 62 of ......llip;………Appellant (Civil Appeal No.62 of 1978) Md. Ershad Ali Khan……………………Appellant (Civil Appeal No.78 of 1978) Vs. Bangladesh Bank & others…………………&hellip......ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168