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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 ......e evidence already on record is found to be either insufficient or not clear enough to enable them to give judgment. In a case where a matter is dismissed for default, there could be no evidence. The question that an Appellate Court will be called upon to decide will be whether or not, the appellant...... there is no specific expression in them even relating to the rejection on merit. Mr. A. Hamid, the learned Advocate for the defendant opposite party on the other hand, has contended that in the facts and circumstances of the case the learned Munsif acted rightly in allowing the application und..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577 ...... A.M. instead of 8 A.M. and whether there was serious disturbance in the aforesaid centre, the Tribunal recorded its findings. As this finding is based on the entire evidence on record and relates to questions of facts, it will not be interfered with by this court and as such they stand. The questio......er was elected Chairman by securing 2094 votes as against 1597 votes secured by the respondent No. 2 in all the three centres at an election held on 30-12-73, it is not necessary to mention two other facts stated in the petition, particularly when the facts relating to centre No. III were considered..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
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 ......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 ......urigram Rangpur in Election Tribunal case No.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..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 ......3 of 1070 And Civil Revision No. 811 of 1961 Judgment A. S. Faizul Islam Chowdhury J.— Civil Revision Nos. 1423 of 1970 and 811 of 1968 have been heard together, as similar question of law is involved in both the cases, and the same judgment is being delivered which shall ......ide. So, the petitioner filed the present application under section 115 of the Code of Civil Procedure before this Court and obtained the Rule. 2. In Civil Revision No. 811 of 1968 the facts, in brief, are that the opposite-party was a clerk under the Superintendent, Watch and Ward, P..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 ......formation the Government had treated the same as an abandoned property, it was their foremost duty to release the same as soon as satisfactory evidence was produced before them that the properties in question could not be treated as abandoned property within the meaning of Article 2 of the President......overnment regrets their inability to accede to his prayer for release of M/s. M. Moin & Co., 150, Nawabpur Road, Dacca. Sd/- Md. Sirajul Islam, No. 4 Section Officer.” 2. The facts of the case are :-The petitioner No. 2 who is admittedly the owner of the premises No. 150, Na..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
.... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ......he last proceeding annual general meeting, having, taken place on 3.2.45, the annual general meeting for the year could validly be called at any time before 3.5.1946. “It was held that the question of the impracticability of calling the annual general meeting in 1946 had to be determined ......te of the previous annual general meeting which was on 30.12.72. 19. The main question in this case is whether the annual general meeting was held or not, and, if it was not held whether, in the facts and circumstances of the case, the court should condone the delay and direct such meeting to b..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
....cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662 ......that as the votes were counted and result declared relating to election of members and statement prepared in form-M with regard to election of Chairman and Vice-Chairman by the Presiding Officer, the question of taking fresh poll in Ward No. II of Kamalapur Union Parishad under Shairakandi P. S. doc......Rules 41(5) and 43 of the Union Parishad and Pourashava (Election) Rules, 1973 which I will call "the Rules," has been challenged as being without any lawful authority. 2. In short the facts are that while the polling in Ward No.II of Kamalapur Union Parishad was continuing on 30.12.7..Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1
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 ......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ......gnatures on the same have now come to depose that nothing was recovered from the house of the appellant and they put their signatures on blank papers. 10. Thus on an examination of the evidence, facts and circumstances of the case we are satisfied that the guilt of the appellant has been well e..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
...... was absolutely no scope to hold that the accident did not take place in the manner stated in the plaint and that there was no carelessness and negligence on the part of the defendant.
8. On the question of damages the learned Subordinate Judge rejected the claim of the plaintiff for damages fo......ur 292 and Abdul Gafur Mia and others Vs. Abdul Gafur 12 D.L.R. 629 same case P.L.D. 1961 Dacca page 174. We are generally in agreement with the view taken in those cases, and, in our opinion, in the facts of this case, there is no question of maintainability of the suit against one of the partners ..
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
......General—For Respondent No. 5(In both the Petitioner).
Writ Petition No. 21 & 22 of 1973
Judgment
Fazle Munim J. — These 2 petitions were heard together. The common question raised by the petitioners in these two petitions relates to the validity of Government Noti......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
..
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 ......ned him out of the shop on 22.9.71 with the help of some military personnel. The petitioner also got 3 sheets of blank paper signed by him. The respondent No. 2 prayed for recovery of the property in question. 3. The petitioner filed a written objection wherein he stated that the respondent No.......ent Fazle Munim J. — This Rule is directed against an order of Award dated 31. 8. 73 passed by the Court of Tribunal constituted under the President's Order No. 13 of 1972. 2. The facts, shortly stated, are that the petitioner who is owner in possession of the holding No. 730 (Ne..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....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 ......h the Rules). M. Hafizullah—For Opposite Party (In both Rules). Civil Revision Nos. 628 and 629 of 1973 Judgment D. C. Bhattacharya J. —These two rules raise a certain question of some constitutional importance. 2. Opposite Party No.1 which appears to be Limited ......d of fulfilling their promise and while still conferring with the representatives of the People of Bangladesh Pakistan authorities declared an unjust and treacherous war; and Whereas in the facts and circumstances of such treacherous conduct Banga Bandhu Sheikh Mujibur Rahman, the undisput..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 ......whole of the dispute char excepting a certain portion was declared and they were also granted a decree for khas possession of the same. The learned Subordinate held, in course of his judgment, of the question of the plaintiff's title, that the southern portion of the Char was definitely a reform......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 ..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 ......n referred to the Special Bench at the a instance of a Division Bench, by the learned Chief Justice as interpretation of Article 3 of President's Order No. 1,2 of 1972 is involved, and which is a question of general importance. 2. Facts concerning the Revisional Case briefly stated are that......ome to the two impugned actions nullified by the Executing Court. One is the grant of sale certificate, and the other the fact of delivery of possession to the auction purchaser they are accomplished facts. The court below has made an anomalous order by declaring them null add void. You may say what..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
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 ......Officer,-that at no stage of the counting the Presiding Officer informed the Returning Officer as to the presence of the 130 unlawful votes in the ballot boxes at the P.T.I. Maizdi Polling station in question, that the entire story of this excess ballot papers has been manipulated by the petitioner ......ss of two other ballot books. 22. The counter-foils of the issued ballot papers, which have been sent to this court, no doubt, show that number is 2381. But the question is, having regard to the facts of this case, can any decision be founded on this particular record?. It is significant that a..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. ......ahore 39 and in the case of C. Mohammed Yunus Vs. Syed Unnissa and others reported in A.I.R. 1961 S.C. 808 have been cited by him. In Sushila Devi's case it has been held that the decision on the question of Court-fee must be determined on the allegation of the plaint and on these allegations al......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. ..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. ......decree holding that no execution could proceed and that status quo ante the rent suit be restored. 6. Against this order leave was obtained by the auction purchaser, the appellant before us. Two questions of law are involved in this appeal. First: What is the extent of jurisdiction of the Hig......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. ..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 ......C.) page 423. 5. At the trial it was contended on behalf of the defendants that the suit was barred by the principle of res judicata. The learned Subordinate Judge has taken a view that the main question to be decided in the suit was whether there was service of the requisition notice and wheth......levant provision of General Clauses Act a thing shall be deemed to be done in good faith where it is in fact done honestly, whether it is done negligently or not. Can it be said, having regard to the facts of the case that the action taken on the part of the Government was not taken honestly? It app..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. ......From this we conclude that the plaintiff's company is only the other side of Khorabhai Jagmal against whom Commercial Taxes of Tk. 21,000/- was assessed and certificates were issued. 12. The question now is whether the plainstiff company which is registered partnership firm having its legal...... plaintiff and decreed the suit and hence this appeal. 6. Mr. Sultan Ahmed, the learned Deputy Attorney-General appearing in support of the appeal has canvassed before us firstly that (1) in the facts and circumstances of the case the Court below erred in law and fact in not holding that the de..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 ......arded it to the morgue for post mortem examination. In due course the Investigating Officer got the report from the Medical Officer who held post mortem examination on the dead body that the death in question resulted from the injuries found therein which were ante mortem and homicidal in nature. Th......It is in evidence that about 15/16 persons were present hear the dead body when the complainant and others first went there. But none of these persons has been examined in this case. In view of these facts and circumstances we feel it very difficult to rely on the evidence of these witnesses particu..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
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