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.... 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
......tely withdrawn.
Both the suits, viz. the Money Suit of the Bank and the Appellants' Title Suit, were tried analogously and have been disposed of by the same Judgment.
5. The substantial question which was raised in both 'the suits was as to the legality and regularity in the auctio......nts will be made for a sale but it is not a notice of the sale that is to be held; such a notice would require more definite particulars. What such particulars should be must depend upon the peculiar facts of each case. And once a proper notice is given; it is not necessary that a fresh notice is to..
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. ...... case and the need for expeditious disposal of the matter before us, the petition for special 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...... 6. Having gone through the application for condonation of the delay and heard the learned Counsel who was very frank in his explanation we were inclined to take a lenient view, in the special facts and circumstances of the case, for the delay which was not due to any fault of the appellants..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. ......No. 176 of 1970 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 l......ntire record is before me and I as Senior Special Judge Jake cognizance of the case. Let further steps be taken against the accused persons.” It is essential in this case to go through the facts which led to these appeals and the subsequent order passed on 2-1-70. 3. An information w..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: ......rmination of the services of a worker under section 19 of the East Pakistan Employment of Labour Standing Orders) Act. 1965 he was still a worker as define under section 2 (s) and the dispute in question was a Labour Dispute within the meaning of section 2 (k) of East Pakistan Labour Disputes A......al No 1 of 1972 is by Mr. Aminul Islam and six others who are workers under M/s. James Finlay & Co. Ltd. and Civil Appeal No. 2 of 1972 is by M/s. James Finlay & Co Ltd. 2. The relevant facts giving rise to these appeals may briefly be stated as follows:— Mr. Aminul Islam w..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 ...... 1968 (SC) 313 and the case of Government of West Pakistan and another Vs. Begum Agha Abdul Karim Shorish Kashmiri, (1969) 21 DLR (SC) reported in P.L.D. 1969. (SC) 14. All these cases dealt with the question regarding the reasonableness of satisfaction of the detaining authority and sufficiency of ......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 from his residence on 28-5-73 in con..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)
....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 ......be satisfied with his appearance through attorney. Such exercise of discretion cannot be said to be illegal. In view of the implied revision of the earlier order dated 28.11.83 there could not be any question of making any order of dismissal for default. The case has been adjourned for pre-emptory h......here could not be any question of making any order of dismissal for default. The case has been adjourned for pre-emptory hearing on the prayer of the purchaser-petitioner and is still pending. In the facts and circumstances in this case it cannot be held that by making the impugned order there ..Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ......f an application for setting 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......n 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 Sutradhar obtained a decree for an amo..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
.... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ...... who thought that his views were supported to the decision in the case of J.K. Cotton Spinning & Weaving Mills Co. Ltd. Vs. Labor Appellate tribunal of India reported in (1964) 5 P.L.C. 39 on the question whether a Mali comes within the definition of "worker" under the Industrial Dispu......ring ornamenting painting anti washing, finishing or packing, or otherwise treating any article or substance with a view to its use, sale, transport, delivery, display or disposal.” As the facts of this case do not require us to consider what is a manufacturing process., we need not elabo..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
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 ......ther in AIR 1963 (S.C.), 395 the Indian Supreme Court held: “Departmental enquiry held against a Government servant cannot be divided into (a) the enquiry (which involves a decision of the question whether the allegations made against the servant are true or not) and (b) taking action i.e......der 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 Typist in the office of the ..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. ......of a contract between the parties. Moreover, if we consider that the power under the aforesaid provision can be invoked even in a case where time is fixed by the court in its final Order, there is no question of exercise of such power in this case in view of the fact that the conditional order has b......ts. This case therefore does not help the learned advocate. 14. I may refer in this connection to the case of Bhutnath Das and others Vs. Sahadeb Chandra Panja reported in AIR 1962 Cal. 485, the facts of which are similar to those in the present case. The suit was decreed in the said case for S..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
....esire, to re agitate the matter before the Labor Court.
We make no order as to costs.
M.N. Huda J.- I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 158.
......no substantial departure as to the requirements of the constitution of the Labor Court in the latter enactment. In the case of James Finlay a Division Bench of the Dacca High Court has considered the question of repugnancy of this rule with the provisions of the Industrial Disputes Act, 1965 and hel......tions Ordinance. It is intra-vires. The tender of advice by both the members constituting the Labor Court is mandatory in terms of section 35(2) read with Rule 34(1).
13. Coming to the facts of the case, we find that there is no indication in the record that the member representing th..
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 ......tration case has been annexed as Annexure "F" The Sub-Divisional Magistrate having received the records asked Mr. M. Roy, Magistrate, 1st Class for enquiry and report regarding the house in question. After obtaining the report of the Magistrate, the Sub-Divisional Officer approved the prop......d the correctness of the decision made in Noman's case. Hence a reference to the Full Bench has been made with respect to the said case. We do not, however, feel that, we should also do it in the facts of the instant case. P. O. 13/72 is both a substantive and a procedural law. Furthermore it is..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
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 ...... suit land to the principal defendant on acceptance of further amount of Rs. 1,000/- out of which the sum of Rs. 600/- was already paid. It has been further contended by the learned Advocate that the question of benami has not been properly gone into by the Courts below. On careful examination of ju...... to me that excepting the contention of the learned Advocate relating to the construction of the deed of agreement Exhibit 2, the other submission of the learned Advocate are concluded by findings of facts. The learned Subordinate Judge elaborately examined the evidence adduced by the parties and ar..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
....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.
......intainable. On 10-4-1969 the petitioner filed an application for decision on the issue of law before settlement of other issues. The learned Subordinate Judge by his order dated 16-8-69 held that the question of maintainability of the suit would be heard at the time of the trial. On a revisional app......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.
..
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 ......ed the agreement, receipt of payment of money and the plaintiff's possession of the Tea Estate, as pleaded by me plainnffs in their application, and contended, inter alia, that Tea Estate in question belonged to Mr J. A. Ferguson who left the defendant No. 1. a daughter and the defendant No......of the same till the disposal of the suit. The trial Court without applying its mind to the question of possession of the Tea Estate has attempted, we must say, quite wrongly to inquire into the facts relating to the nature and validity of the disputed agreement, which are to be decided only af..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136. ......was repealed in the year 1974. This point was not specifically agitated and no issue, was framed on it. Mr. Abdul Quayum, the learned Advocate appearing for the petitioner, submits that since it is a question of law it can be agitated in this Court at this revisional stage. In this case Mr. Quayum h......ed at all inasmuch as after 1974 a property can be treated as vested property only if it comes within the purview of saving section 3 of Act XLV of 1974 and in no other case. 13. Considering the facts and circumstances of the case and my discussions above, I hold that the lower Appellate Court ..Category: Property Law | Date: 3 May, 1972 | Hits: 4
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
....le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ......ar property is Waqf property or not. If any party is aggrieved by the order of the Waqf Administrator it may submit a petition to the District Judge, the District Judge is only to see if the order in question of the Waqf Administrator is competent and in conformity with law and nothing beyond that. ...... Chowdhury and one Mr. OR Nizam (who is since reported to be dead) on commission and issuing notice under Order 12, rule 4 of the Code of Civil Procedure for admission of certain documents. 2. The facts relating to the present petition in brief, are that on 14.12.66 the petitioner filed an applic..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
....The Rule is accordingly, discharged. As none has appeared for the respondents, there will be no order as to costs.
Ed.
This Case is also Reported in: 24 DLR (1972) (HCD) 250
......d to an employer or workman under any law could apply to the Labour Court for adjudicating the dispute. The dispute within the meaning of clause (xiii) of section 2 of this Ordinance and the right in question was clearly guaranteed under the proviso to section 25 of the East Pakistan Employment of L......ment and order passed by the Third Labour Court, Khulna, in Complaint Case No. 101 of 1970 and prays for a declaration that the same is without jurisdiction, void and of no legal effect.
2. The facts giving rise to this petition may be stated briefly hereunder:
"The respondent No. 2..
Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181
Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
.... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appellant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ......he defendant any opportunity of rebutting the same. The case is, therefore, remanded to the High Court so that the parties can amend their pleadings and the Court can frame specific issue on the said question and to determine the same by taking evidence…………….(12 & 13) Cases Refer......mul Ikram Qureshi is to the same effect. 9. There is substance in the contention, for, even in Khurshid Bibi case this Court did point out as follows:— ''In the recent case, on the facts, it has been found that there is no possibility left, of the parties residing together in ..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
.... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ......llegations furnishing the foundation for such a belief. The principle laid down in the above Supreme Court case 13 DLR (SC) 138 is equally applicable here, so that there can be no two opinions on the question of jurisdiction of the Sub-divisional Magistrate to pass the direction for seizure of the p...... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
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