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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 .......I.R., one is Sultan Master, a sitting M.U.C. and another is Minnat Ali Chowkidar, both of whom are first cousins of the deceased residing in the same house. As to Ali Akbar, he is found to be son-in-law of Minnat Ali. Similarly, Khalilur Rahman alias Khalil Master. is the brother-in-law of Minnat A..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
....ve the pawner a reasonable time within which he exercises his right to redeem, and then proceed to sell the property, if not redeemed. It has been further observed in the said Allahabad case that the provision of section 176 does not contemplate that the pawnee should give the pawnor infor......on regarding the validity of the safe of the pledged stock of timber held on 1.10.54 and has contended that the sale having been held without any proper notice, to the plaintiff as required under the law was void and that the Bank having obtained the decree against the plaintiff in Money Suit No. 7 ..
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. ...... leave to appeal was directed to be converted and registered as an Appeal, which were done. 9. The question that arises is this appeal is whether the High Court Division committed an error of law in disposing of the Criminal Revision filed before it. The case arose out of an order passed by..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. ......970 and C. R. No. 202, 203, 204, 204, 205, 206, 207, 208 of 1970. Judgment K.M. Subhan J.— These eight rules are disposed of by this judgment because they raise the common question of law. The petitioners obtained these rules against the Judgment and order passed by the learned Sessi..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)
....iving been made without obtaining the advice from the representative of the employer in terms of rule 34 of the East Pakistan Industrial Disputes Rules, 1960 which, in their view, is a mandatory provision as regards advice of the members. The learned Judges in that view of the matter set a......statement denying the charge of alleged victimisation and contended that the termination of services of Aminul Islam was termination simpliciter which the Company was entitled to do in law. Further contention of the Company was that Aminul Islam after termination of his services ..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....ly. The circumstances leading to the arrest of the petitioner and the manner in which the detaining authority proceeded show the mala fide nature of the action. Before proceeding further the relevant provisions of sections 17(1) and41 of the Bangladesh Public Safety Ordinance may be q......missioner, 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 case in brief are that the petitioner was arrested f..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)
....t;12. Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person when a plaintiff or defendant, who has been ordered to appear, he shall be subject to all the provisions of the foregoing rules applicable to plaintiffs and defendants, respectively, who do......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)
....tar was refused registration on the ground of absence of permission of the Board of Revenue as required under section 4 the said Ordinance. It has been held in the said decision that as the provisions of sections 4 and 6 of the Ordinance cannot be said to have imposed r...... aside an auction sale of certain lands held under Order 21, rule 90 of the Code of Civil Procedure for an amount of Tk. 70.84 paisa has raised certain important questions of constitutional law of some nicety. 2. The facts leading to this application are as follows: One Budhair Sutrad..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 ......ice work and corrupt practices under the East Pakistan Government Servants (Efficiency and Discipline) Rules, 1960. It is argued that disciplinary proceedings are to be followed according to the law and since the order are judicial orders, the orders must be based on reasonings. Case Refer..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....d, there being no appearance on behalf of the opposite parties. 6. The learned Advocate has strenuously argued that the court below had ample powers to extend the time, if not under the specific provision of the Code, in exercise of its inherent powers. 7. There is a specific provision in ......62 in default whereof the suit would be treated as dismissed. A second appeal was filed to the High Court of West Pakistan but this appeal being treated as revision under an amendment of the relevant law was dismissed on the 9th of October, 1962. The pre-emption money as directed by the court was su..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
.... it is illegal and without jurisdiction.
5. Mr. Huq, has contended that the rule 34 is not mandatory, and if it is held to be mandatory, then this rule is ultra vires being inconsistent with the provision of section 35(2) of the Industrial Relations Ordinance, 1969. The respective con......ion 67(2)(b) provides that anything done, rules made, notification or order issued, officer appointed, court Constituted, notice given, proceeding commenced or other actions taken under any law shall be deemed to have been done, made, issued, appointed, constituted, given, commenced or tak..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....sdiction on the ground that a case in respect of the property was pending in the Civil Court between the parties. The Petitioner was obviously under a wrong conception regarding the applicable of the provisions of the P. O. -13/72 because the fact that a case is pending in a Civil Court regarding th......he Thana Magistrate, those authorities were not bound by the opinion of the petitioner. They were of the view that they had the power to dispose of the Respondent's application in accordance with law, even though the petitioner challenged their jurisdiction on the ground that a case in respect o..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. ......e plaintiff. Thereafter, the plaintiff got the suit land recorded in the Rent Roll on the basis of the aforesaid kabala and also paid rents to Government. Defendant No.1, Narendra Nath Pal, son-in-law of Profulla filed an objection under section 19(1) of the East Bengal State Acquisition and Ten..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
....itself, create any interest in or charge on such property. 9. In the above mentioned case Ratish Chandra Mridha Vs. Hara Krishna Goldar an agreement between the vendor and the vendee contained a provision that the vendee would be bound to reconvey the properly to the vendor. There was no provis......ate, the suit ought to have been dismissed by the Courts below on the ground that the plaintiffs have no locus standi to institute the suit. The learned advocate however, failed to the proposition of law submitted by him, and he also failed to eite any authority to support the same. 8. Mr. M.A...Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
.... person having any commercial, financial or other intercourse or dealing with such person while so acting shall not merely by reason of such intercourse or dealings, be deemed to have contravened the provisions of the rule 162 or rule 170.
7. The relevant portion of the Notification authorizing......hid, Subordinate, 1st Court, Dacca in Money Suit No. 7 of 1968 rejecting the contention of the defendant petitioner that the suit was not maintainable and that the Small Industries Corporation has no lawful authority to institute the suit and to proceed with and continue the same.
2. The suit w..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
.... to invoke the principle of section 53-A of the Transfer of Property Act, is riot sustainable in law. The learned Advocate for the petitioners has strenuously argued that the benefit of the said provision of law cannot be available to the plaintiffs in the present case. 16. On the question......ppreciation of the point involved in the case, the relevant portions of the Annexure ''A" to the plaint are quoted below:— 'WHEREAS THE FIRST PARTY having been seized lawfully with the Loobacherra Tea Estate, situated under Police station Kanaighat. Sub-Regis-tar'..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....s came in the year 1965. The Defence of Pakistan Ordinance and Rules were repealed in the year 1969, but by Ordinance No. 1 of 1969 promulgated by the then Central Government of Pakistan, some of the provisions of the Defence of Pakistan Rules‑were kept alive and continued. Thereafter by Act No.XL......application and obtained the present Rule. 5. At the very outset it has drawn my attention in this case as to whether the institution of the VP Case No.142 of 1980 was maintainable in the eye of law. The Defence of Pakistan Ordinance and Rules came in the year 1965. The Defence of Pakistan Ordi..Category: Property Law | Date: 3 May, 1972 | Hits: 4
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
..... 6. Mr. Siddique Ahmed Chowdhury, appearing on behalf of the petitioner challenges the legality and propriety of the aforesaid order on the ground that the learned District Judge misconstrued the provision of section 50 read with section 35(1) of the Ordinance, and fell into an error by treating......earned District Judge, rejected both the petitions and against the said order the petitioner obtained this rule. 4. The relevant portion of the order dated 20.3.69 is as follows: “The learned lawyer, appearing on behalf of the OP argued for rejecting those two applications. He has submitted ..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
....he Khan Brothers Workers Union from 1.4.70, as such, he could not remain a member of Daulatpur Jute Press and Baling Workers Union on and from this date i.e, 1.4.70. He has drawn our attention to the provisions of Industrial Relations Ordinance, 1969 to support his contention. After scrutiny of the ......e with the company forthwith under Section 19 of East Pakistan Employment of Labour (Standing Orders) Act.
You will be paid ninety days salary in lieu of notice and other benefits as provided n law. You may collect your dues from the office on any working day.
For Khan Brothers Ltd,
..
Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
....bove, Mr. Ataur Rahman Khan contended that there could be no immediate ground for taking a proceeding under section 107 CrPC against the petitioners; and that there was a noncompliance of a mandatory provision since the impugned order did not disclose that the learned Sub-divisional Magistrate had a......ment of the Court observed that there could be no doubt that Magistrates exercising the jurisdiction conferred on them under section 145(1) were expected to comply strictly with the said provision of law, but to say that a failure to follow the prescribed mode must render the exercise of the jurisdi..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
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