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............Petitioner
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 Petitio......fective and complete adjudication of the issues involved in the suit and as such, the impugned order cannot be sustained in law In the result, the impugned order dated 1-1 -75 is set aside and the ad interim order passed by this court staying all further proceedings of the suit is hereby vacated. Le......dash; For the Petitioner.
Md. Yahya—For the Opp. Parties.
Civil Revision Case No.103 of 1975.
Judgment
Saifuddin Ahmed 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 ......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)
....;………Appellants Vs. M/S. Pakistan Tubewell Company……………..Respondent Judgment April 14, 1978. Result: The rules are made absolute by allowing applications. Inter-connection and inter-dependence of the two firms- ......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 ......re separate entities and as such their incomes should not have been tagged together. The Tribunal after hearing the parties accepted this contention of the assessed and reversed the decision by their order dated 14.9.70 and held that the incomes of the two firms should not be tagged together observi......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)
....is Case is also Reported in: 30 DLR (HCD) (1978) 268. ......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. ...... Chairman of a department shall be appointed by the Vice-Chancellor for a term of three years only from amongst the teachers of the department not below the rank of Assistant Professor by rotation in order of seniority. (2) The Chairman of the department shall be responsible for the general sup......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)
....am.........................................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 Petition...... 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. ......ashid—For the Petitioner. Aleem-al-Razee—For the opposite parties. Civil Revisional Case No.1444 of 1977. Judgment Abdur Rahman Chowdhury J.-This Rule arises out of an order passed by the learned Munsif, 1st Court, Sadar, Chittagong, allowing amendment of the plaint, ...... 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
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ly. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......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 ......t appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing up formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” 2. The learned Single Judge noticed two dec......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)
....y. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......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. ......t appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing op formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” The learned Single Judge noticed two decisi......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)
.... possession therein. His case, in brief, is that the suit land along with other lands appertaining to C. S. Khatian No. 15 of Mouza Uttar Chaitra belonged to Saferuddin and Garib Hossain. Saferuddin had 1/3rd share and Garib Hossain had the remaining 2/3rd share there. Saferuddin died leaving behind......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. ......his case the Court of appeal below, however, found that the plaintiff was in ejmaly possession with the defendants. In view of this finding the plaintiff cannot be pushed to a suit for partition. The order of the lower appellate Court cannot be said to be an exercise in futility, as Mr. Yasin has al......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)
....62) 14 DLR 725; Kumir Mondal and ors Vs. Pramatha Nath Chowdhury and ors (1962) 14 DLR 801; 17 DLR (SC) at 392; Aminuddin Biswas Vs. Miajan Biswas, (1960) 12 DLR 103; Charu Bala Rudra Vs. Narayan Prosad Sen (1962) 14 DLR 159 ;Dabiruddin Molla Vs. Prem Dasi (1967) 19 DLR 371; Sona Mia Vs. Momra......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. ......he land from year to year; and that during Jasmat Sardar's life time the land was taken and given borga bandabosta to others. As Jasmat was possessing the land as borgadar his name was wrongly recorder, in the C.S. record as tenant paying borga rent though he was never recognized as a tenant by ......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)
....il Appellate Jurisdiction) Present: M. H. Rahman J Ananda Chandra Mitra………………………Appellant Vs. Abdur Rahman Howladar................Respondent Judgment March 15, 1978. Result: The appeal is di......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. ......were taken by the defendants from the Court of Appeal below. The defendants-respondents have not entered appearance in this court. On 27.11.69 in presence of the learned Advocate of the appellants an order was passed that the appeal be made ready without the Exts. at the risks of the parties concern......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)
....maluddin Hossain CJ Fazle Munim J Ruhul Islam J Abdul Hannan Sikder……………………Appellant (Civil Appeal No.62 of 1978) Md. Ershad Ali Khan……………………Appellant (Civil Appeal N......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. ......2 (In both the appeals). B. Hossain, Advocate-on-Record - For Respondent No.3 (In Civil Appeal 62 of 1978). Civil Appeal Nos. 62 & 78 of 1978. (On appeal from the judgment and order dated December 5, 1977 passed in Writ Petition Nos. 395 and 396 of 1977 by the High Court......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. ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
....t
High Court Division
(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca......, 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
......th S. M. Haque—For the Respondent
Writ Petition No. 630 of 1977
Judgment
Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question an order dated 22-8-77 (Annexure-G) of respondent No. 3, Director, Bangladesh Council of Scientific &am......, 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
..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....ed J M. H. Rahman J Meheruddin………………………………………Petitioner Vs. Govt. of Bangladesh and others…………Respondents Judgment February 24, 1978. ......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. ....... The proceeding as to requisition comes to an end with release of the property under section 8. Appeal and Revision against requisition Section 4A empowers the Government to revise an order of the Deputy Commissioner requisitioning a land or of the Commissioner passed in appeal again......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
....risdiction)
Present:
K.M. Subhan J
Abdul Momith Choudhury J
Commissioner of Sales Tax, Chittagong Zone, Chittagong................Applicant
Vs.
Amin Jute Mills Limited, Sadarghat Road, Chittagong.......................Respondent
Judgment
February 17, 1978......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.
...... 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 of the Income Tax Appellate Tribunal are as follows: The assessee Amin Jute Mills Limited impo......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.
..
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)
...............................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 ......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 ......mdash;For Respodent No. 2. WritPetition No. 593 of 1977. Judgment Shahabuddin Ahmed J.- This rule under Article 102 of Constitution calls in question the legality of an order dated 26-7-76 of the Election Tribunal at Comilla (Second Court of Munsif) setting aside the p......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)
....d...... Petitioner Vs. Mr. Aminur Rahman Khan and another………………..Respondents Judgment February 17, 1978. Result: The rules are made absolute. Cases Referred to- 26 DLR (SC) 33; 27 DLR 158. Lawyers Involved: D......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. ...... Nos. 669-672 of 1977 Judgment Shahabuddin Ahmed J.-These four rules issued on four separate applications under Article 102 of the Constitution have been directed against a single order of a Labour Court, being order dated 26-8-77 of the Chairman, 1st Labour Court, Dacca reinstat......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. ..Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....ecause of an application under Order 7, rule 11 of the Code of Civil Procedure filed by the defendants for the rejection of the plaint filed by the plaintiff-appellant wherein prayers were made for three declarations. 2. The short facts necessary for the disposal of this appeal are th......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 ......nt K.M. Subhan J.- This appeal by the plaintiff-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......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 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
.... 16, 1978. Result: The application is rejected. Cases Referred To- Commissioner of Income Tax Chittagong Zone, Chittagong Vs. The Consolidated Tea and Lands Co. Ltd., in 1977 Bangladesh Tax Decisions page 212; Commissioner of Income Tax, Chittagong Zone, Chittagong Vs. M/s. Burma......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. ......h of this Court to which one of us was a party answered the question of law in the following terms: “In the facts and circumstances of the case, the Tribunal was justified in affirming the order of the Appellate; Assistant Commissioner and in holding that the premium paid for loss of prof......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)
....gh Court Division (Special Original Jurisdiction) Present: Shahabuddin J M.H. Rahman J Farid Ahmed..................................Petitioner Vs. The Govt of Bangladesh & others.........Respondents Judgment February 10, 1978. Result: The r...... 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. ......din—For the Respondent. Writ Petition No. 60 of 1977. Judgment M.H. Rahman J.-In this application under Article 102 of the Constitution the petitioner has challenged an order, dated 17.2.75 of the Collector of Customs and Excise, Dacca in Appeal No. 4 of 1975 confiscat...... 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)
....f an appeal in part or as a whole was, whether, in the event of the appeal being decided at the instance of the surviving appellant on record, it would or would not result in two inconsistent or contradictory decisions. Another test is whether the suit out of which the appeal arose could be adjudica...... 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 ......mdash;For the Appellant. Md. Abdur Rahim—For the Respondents. Second Appeal No. 359 of 1973 Judgment Abdur Rahman Chowdhury J.- These two applications, one for review of the order dated 14-11-77 passed by this court and another for leave to appeal under Clause 15 of the Let...... 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)
....urisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Mahboob Morshed………………………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. Result: ...... 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 ......ng 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 'K' to the petition made in super session of the order No. 433/1-PXV (O) dated November 16, 1972 of the Secretary (Establishment) Bangladesh Railway ...... 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 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
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