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Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)

....e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......arned Sessions Judge, however, rejected the Motion on 31-5-74. Being aggrieved by the order the 1st party petitioner, moved this Court and obtained this Rule. 6. Mr. Syed Azizul Huq, the learned Advocate, appearing for the 1st party petitioner submitted that the order passed by the learned Magi...... Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ..

Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1

Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)

....is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......he nearest rival candidate; as the duty elected Chairman. Being dissatisfied with this order the petitioner moved this Court and obtained the rule. 3. Mr. Khandker Mahbubuddin Ahmed, the learned Advocate, appearing in support of the rule has contended that this finding of the learned Tribunal i......owdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ..

Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5

Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)

....proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66.     ......de and as such no revision lies against the impugned order.” Thereafter petitioners opposite parties and Ali Akbar Pandit and others obtained this Rule. Mr. Mohammed Ayub, the learned Advocate for the petitioners argues that though the impugned order is passed by the District Magistr......proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66.     ......proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66.     ..

Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1

Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)

....e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ...... as such no revision lies against the impugned order.”  Thereafter petitioners opposite parties and Ali Akbar Pandit and others obtained this Rule. Mr. Mohammed Ayub, the learned Advocate for the petitioners argues that though the impugned order is passed by the District Magistr......e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..

Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1

Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC

.... 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   ......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...... 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)

....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. ......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......ladesh, (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. Backkar, Advocate-on-Record - For the Respondent. Ci......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)

....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.     ......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...... 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)

....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.   ......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......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

Abdul Majid Howladar Vs. Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others, 1978, 7 CLC (HCD)

....n view of the above, the appeal is dismissed with costs. Prayer for leave under Clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 217 ......urt with the modification that the suit be dismissed with" contest without costs against defendant No. 1 as he was not a co-sharer in the suit property. 7. Mr. Miah Abdul Gafur, the learned Advocate for the appellant, has contested that as defendant No. 1 claimed a hostile title and did no......H. Rahman J Abdul Majid Howladar…………….Defendant-Appellant Vs. Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others………………Plaintiff-Respondents Judgment ......n view of the above, the appeal is dismissed with costs. Prayer for leave under Clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 217 ..

Category: Property Law | Date: 14 Jun, 1978 | Hits: 2

Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)

....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.     ....... 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 ......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)

....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156         ...... 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 ......lso 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

Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)

....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ......are therefore, void ab-initio, being inconsistent with and violative of Articles 51, 119 and 123 of the Constitution of the Bangladesh. 3. Shahabuddin Ahmed, the learned Advocates, have appeared for the petitioners. Their common contention, in a nutshell, is that the im...... agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ..

Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3

Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)

..... 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.   ......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......61; Actoan Afzal (1969; 21 DLR (SC) 123; State of West Bengal Vs. Anwar Ati AIR 1952 (SC) 92; Kangeshari Haldar AIR 1960 (SC)457. Lawyers Involved: Serajul Huq, Amir Hossain Khandkar, Zakir Ahmed, Suranjit Sen Gupta, Sohrab Hossain and Kazi Shahabuddin Ahmed—For the Petitioner. ....... 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)

....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   ......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......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)

....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.   ......(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)

....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.   ......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.   ......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.   ..

Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1

Saifuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Manage¬ment Board, 1978, 7 CLC (HCD)

....made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 107 ...... Siddiqui Chowdhury J.-This rule is directed against an order passed by the learned Munsif allowing opposite parties Nos. 6 to 11 to be added as defendants in this suit. I have heard the learned Advocates and perused the impugned order, the petition and the counter affidavit on record. The reco....... This Case is also Reported in: 31 DLR (HCD) (1979) 107 ......made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 107 ..

Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3

Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)

....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 ......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......in 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)

....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. ...... 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 ......dersley 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 the Respondents. Writ Petition No. 279 of 1977. ......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 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 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