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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 ...... Vs. The Deputy Custodian, Enemy Property Manage­ment Board……....Opposite Parties Judgment April 14, 1978.  Result: The rule is made absolute Lawyers Involved: B.N. Chowdhury, with Kazi Ebadul Huq— For the Petitioner. Md. Yahy......) as defendants in this suit. Hence the present rule at the instance of the plaintiff. 3. It has as been stated in paragraphs of the petition that the opposite parties filed an application under Order 1, rule, 10 of the Code of Civil Procedure, stating, inter alia, that they had been occup..

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 ......ellip;.(7) Cases Referred to- Vissonji Sons & Co. Vs. Com. of Income Tax, Income Tax Report Vol. 14 of 1946, 272; Ladhu Ram Taparia Vs. Com. of Income Tax Cal. I.T.R. Vol. 44, 521. Lawyers Involved: Mozzammel Hoque Bhuiyan,  Mrs. Rabia Bhuiyan—For the Appellants. ......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. ......arte MEREDITH (1950) 2 All. E. R. 741, Thorne 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 Ah......ed to adopt a procedure in the interest of the students and there was nothing arbitrary or discriminatory about it. 7. Let us, first, examine the law bearing on the subject. The Dacca University Order, 1973 (President's Order No. 11 of 1973) by Article 40 provides as follows: 40 subjec..

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.   ...............................Petitioner Vs. Ashraf Ali and others..................................Opposite Party Judgment April 7, 1978. Result: Rule is made absolute Lawyers Involved: S.S. Roy Chowdhury with Abdur Rashid—For the Petitioner. Aleem-al-......ut of an order passed by the learned Munsif, 1st Court, Sadar, Chittagong, allowing amendment of the plaint, impleading plaintiff No. 3 as co-plaintiff in the suit and rejecting the application under Order 7 rule 11 of the Code of Civil Procedure filed by the defendant. 2. Facts leadi..

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)

....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     ...... G.W.N., 351; A.I.R. 1958 (Punjab), 47; A.I.R. 1962 (Madhya Pradesh), 104; A.I.R, 1965 (Rajasthan), 143; 17 DLR (SC), 392; Biqui Baluch, 20 D.L.R.(SC). 263; Yakub Vs. Basu, 50 Cr. L. J. 299 S. B Lawyers Involved: Moksudur Rahman, with M. A. Barek— For the Petitioners. Ahmed Sobh......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)

....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.     ......R. (SC), 290-PLD 1964 (SC), 673; Biqui Baluch; 20 D.L.R. (SC). 263; Yakub Vs. Basu, 50 Cr. L. J. 299 S. B.; A.I.R. 1958 (Punjab) 47, A.I.R. 1962 (Madhya Pradesh,) 104; A.I.R 1965 Rajasthan, 143. Lawyers Involved: Moksudur Rahman, with M. A. Barek— For the Petitioners. Ahmed Sobh......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)

....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.   ......ppellate Court in this regard is final and cannot be opened in second appeal, when the same is not based on any material mistaken assumption or misconstruction of any document……(8) Lawyers Involved: Md.Yasin—For the Appellant. Syed Moinul Haque—For the Respon......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)

....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.   ......s. Prem Dasi (1967) 19 DLR  371; Sona Mia Vs. Momraj Bhuiya (1974) 26 DLR 245; Promotha Nath Chowdhury and others Vs. Kumir Mondal Alimuddin Munshi Vs. Mainuddin Talukdar (1962) 14 DLR 725. Lawyers Involved: A. T. M. Kamrul Islam—For Appellant. B. N. Chowdhury—For Res......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)

....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.   ......llip;……………Appellant Vs. Abdur Rahman Howladar................Respondent Judgment March 15, 1978. Result: The appeal is dismissed. Lawyers Involved: M. A. Khakd—For the Appellant. No one—For the Respondent. ......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)

....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. ....... Bangladesh Bank & others……………………Respondents Judgment February 28, 1978. Result: The appeals are dismissed. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Mian Abdul Gafur, Advocate-on-Recor......osted as Coin/Note Examiner Grade-I. Thereafter, on May 23, 1974 he was promoted to the post of Assistant Treasurer on officiating basis. On January 28, 1975 his services were terminated by the Staff Order No.15 of 1975 dated January 28, 1975 passed by the Manager, Bangladesh Bank, Dacca. 3. Ap..

Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168

A.Z. Rafique Ahmed Vs. Bangladesh Council of Scien¬tific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others, 1978, 7 CLC (HCD)

...., any order as to costs. The prayer for special leave to appeal is made but is refused. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 222   ......ca and others.………………Respondents Judgment February 27, 1978. Result: The prayer is refused. Case Referred to- 29 D.L.R. 41 Lawyers Involved: K.S. Nabi, A. F. AliAsgar—For the Peti­tioner. S. R. Paul, wit...... Statutory Corporation. A statutory corporation; he has argued, has now been included in the definition of 'a local authority'. A local authority as defined by the General Clauses (Amendment) Order, 1972, the President's Order No. 147 of 1972 is: “a Pourashava, Zilla Board, Un..

Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5

Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)

....s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426.   ......ty Commissioner. This section does not authorize the Government to revise an order of de-requisition which is passed only under section 8. Case Referred to- (1975) 27 DLR (AD) 65. Lawyers Involved: Rafiqur Rahman, Serajur Rahman—For the Petitioner. Quazi Shafiuddi......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426.   ..

Category: Property Law | Date: 24 Feb, 1978 | Hits: 2

Commissioner of Sales Tax, Chittagong Zone, Chittagong Vs. Amin Jute Mills Limited, Sadarghat Road, Chitta¬gong, 1978, 7 CLC (HCD)

....ayed for certificate to appeal to the Appellate Division which is refused. Abdul Momith Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 226.   ......icant Vs. Amin Jute Mills Limited, Sadarghat Road, Chitta­gong.......................Respondent Judgment February 17, 1978. Result: The application is rejected. Lawyers Involved: Mozammel Hoque Bhuiyan—For applicant. Rafiqul Haque and T. Islam&......2. Judgment K. M. Subhan J.—This application by the Commissioner of Sales Tax, Chittagong Zone, Chittagong is under section 17(1) of the Sales Tax Act as amended by Finance Order, 1972. The short facts necessary for appreciating the question of law arising out of the order..

Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2

Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)

....he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140   ..............Petitioner Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another.......Respondents Judgment February 17, 1978. Result: The rule is made absolute. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Md. Shafiqur Rahman—For the Petitioner. ......he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140   ..

Category: Election Law | Date: 17 Feb, 1978 | Hits: 7

Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)

....s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124.   ......hellip;…………..Respondents Judgment February 17, 1978. Result: The rules are made absolute. Cases Referred to- 26 DLR (SC) 33; 27 DLR 158. Lawyers Involved: Dr. M. Zahir, M. Hasan—For Petitioners (In all the petitions) Khon......, Meser Ali, Hiran Mia and Abu Saleque had respectively filed Complaint Cases Nos. 80, 81, 82 & 83 of 1976 before the Labour Court under section 25 of the Employment of Labour (Standing Order) Act, 1965. They are employees in the Parima Establishment Limited, a shoe manufacturing indus..

Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3

Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)

....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ...... Chan. Div. 70; Alhaj Abdur Rah­man Bhuiya Vs. Comr. of Narayanganj Municipality, 10 DLR 431; Fischer Vs. Secretary of State, ILR 39 Cal. 704; Sheoparsan Singh Vs. Ramnandan Singh, 43 IA 91. Lawyers Involved: Syed Ishtiaq Ahmed, Rafiqul Huq, Md. Fazlul Huq-For the Appellant. ......appellant is from the judgment and decree passed on 24-12-77 by the learned Subordinate Judge 3rd Court, Dacca in Title Suit No. 209 of 1977. This order was occasioned because of an application under Order 7, rule 11 of the Code of Civil Procedure filed by the defendants for the rejection ..

Category: Company Law | Date: 17 Feb, 1978 | Hits: 8

Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)

....e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ......ong Zone, Chittagong Vs. Chittagong Ware House Ltd., 28 DLR at page 98; Commissioner of Income Tax, Chittagong Vs. M/s. National Brokers Ltd., Chittagong in 1977 Bangladesh Tax Decisions page 1. Lawyers Involved: Mozammel Hague Bhuiyan—For Applicant. Rafiqul Haque, T. Islam&mda......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ..

Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4

Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)

.... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. .....................................Petitioner Vs. The Govt of Bangladesh & others.........Respondents Judgment February 10, 1978. Result: The rule is made absolute. Lawyers Involved: A.M.M. Abdul Jalil—For the Petitioner. Quazi Shqfiuddin—For...... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ..

Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2

Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)

.... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110   ......test is whether the suit out of which the appeal arose could be adjudicated in the absence of the deceased persons, if he had not been joined either as a plaintiff or as a defendant in the suit. Lawyers Involved: S.S.Halder—For the Appellant. Md. Abdur Rahim—For the Respon...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110   ..

Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1

Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)

.... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111     ......lt: The rule is discharged. Cases Referred to- Md. Shoib Vs. Govt. of Bangladesh (1975) 27 DLR 315; Md. Ismail Jafar Vs. Director-General Pak. Tel and Tel. Dept. PLD 1967 Kar. 22. Lawyers Involved: S. R. Pal-For the Petitioner. Mustafa Kamal, Rezzaque Rahman—For ......ssir Hossain, A.A.G.—For Respondent Nos. 2-4. Writ Petition No. 98 of 1977. Judgment M. H. Rahman J.–This Rule was issued calling upon the respondents to show cause why the Order No. 202-E/299(O) dated July, 29, 1976 of the Secretary, Bangladesh Railway Board (Annexure ..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1