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Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ......No other point was either urged on behalf of the petitioner nor was considered by the Court in the said writ petition No. 357 of 1977. The Appellate Division of the Supreme Court of Bangladesh in the case of Krishna Gopal Bhowmick on behalf of the detenu Nim Chandra Bhowmick Vs. Secretary, Ministry ..

Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1

Govt of Bangladesh Vs. The Chairman 2nd Labour Court, Dakha, 1978, 7 CLC (HCD)

.... override the earlier Statute. We find no illegally in the impugned order under the Ordinance. The application is summarily rejected. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 62 ......him he cannot file any petition or complaint before a Labour Court u/s 25 of this Act. But he may file an application u/s 34 of the Ordinance so long he is a worker thereunder. In case of any conflict between the Ordinance and the Act, it is the Ordinance which shall prevail, fir..

Category: Labour and Industrial Law | Date: 31 Jul, 1978 | Hits: 4

Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)

....priety for making any order for winding up of any Company.” We do not think that the learned Single Judge was justified in keeping the question undecided, for, this question touches at the root of the mutual confidence of two brothers who were the only two share holders of the Company at ......oner filed the application for winding up of the Company. 3. The principal creditor, the Shilpa Rin Sangstha filed an application fully supporting the winding up petition stating further that in case this petition was not pursued by the petitioner the Sangstha would pursue it by getting it subs..

Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6

Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)

....plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ......tified, copies of the relevant order including the order for derequisition as well as the direction of the Additional Deputy Commissioner for restoring possession of the house have been filed in this case. On perusal of these papers we do not find anything in favour of the respondents. The order of ..

Category: Property Law | Date: 26 Jul, 1978 | Hits: 2

Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)

.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ...... the accused petitioners moved this Court and obtained the present Rule. 4. Mr. A.K.M. Mozammel Huq Bhuiyan the learned Advocate appearing on behalf of the accused petitioners submitted that the case as air against the petitioners is a false and concocted one instituted only to put pressure upo..

Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1

Atiqur Rabman on behalf of detenu Md. Abdul Wahab Vs. Anwar Hossain Chowdhury & others, 1978, 7 CLC (HCD)

....ourt to proceed with the G R Case in question according to law. No Order as to costs. A. M. Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 82 ......…...........................Respondent Judgment July 20, 1978. Result: The rule made absolute. A Martial Law Court will take cognizance only on a police report. A case from an ordinary criminal court could be transferred to a Martial Law Court only by the Governm..

Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2

Atiqur Rabman on behalf of detenu Md. Abdul Wahab Vs. Anwar Hossain Chowdhury & ors, 1978, 7 CLC (HCD)

....ourt to proceed with the G R Case in question according to law. No Order as to costs. A. M. Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 82 ......hab…........Petitioner Vs. Anwar Hossain Chowdhury & ors……….....Respondent Judgment July 20, 1978. Result: The Rule made absolute. A case from an ordinary criminal court could be transfered to a Martial Law Court only by the Governme..

Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3

Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)

....er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21   ......e Court after hearing the parties allowed the appeal (C.A. No. 43 of 1976), set aside the High Court's order observing that summary rejection of the application was not justified and remanded the case to this Bench for disposal according to law. Thus; on remand to this Court, the rule in questio..

Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1

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. ......y Mr. K.A. Khan, Magistrate, 1st Class Bhola in M.R. Case No. 120 of 1972 and also the order passed by the learned Sessions Judge Bakerganj on 31-5-74 in Criminal Motion No. 7(2) of 1974. 2. The case of the 1st party petitioner is that he filed an application on 20-8-72 before the Officer-in-Ch..

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 ......d Tribunal is not in conformity with Article 9 of the Ordinance. In the result, the rule is made absolute and the impugned order of the learned Tribunal 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. ..

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.     ......ected against the order passed by Mr. S.N.I. Akbari, District Magistrate, Bakerganj on 29-12-77 under section 13 of the, Police Act in Misc. Petition No. 2 of 1977. 2. The facts of the case, briefly stated, are as follows: On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed..

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. ......ected against the order passed by Mr. S.N.I. Akbari, District Magistrate, Bakerganj on 29-12-77 under section 13 of the, Police Act in Misc. Petition No. 2 of 1977. 2. The facts of the case, briefly stated, are as follows: On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed..

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   ......ontract to pay the arrear rent for which the land was sold out in the execution of a rent decree and the right of redemption of the mortgagor was extinguished…….(10) In the present case the plaintiff's equity of redemption was extinguished for his own default to pay arrear ren..

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. ......ecision is not liable to be impeached on the ground that the procedure followed was not in accord­ance with that which obtains in a court of law'', as was observed by the Indian Supreme Court in the case of Union of India V.T.R Varma AIR 1957 (SC) 882 (885). The Indian Supreme Court in the case of ..

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.     ......#39;s finding that "the first parties" are not workers within the meaning of workers as defined in the Ordinance and that being so, the Ordinance No. 23 has no manner of application to this case" is wrong, being not in conformity with the Ordinance. This wrong finding in respect of th..

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.   ......in favour of the plaintiff and as such the suit was not liable to be dismissed unless the said preliminary decree was reserved on appeal in support of this proposition, Mr. Haider has referred to the case of Lachmi Narain Mar wary and others Vs. Balmakund Marwary and another 29 CWN 391. In this case..

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 ...... Defendants Nos. 2 and 3 contended that Mujahar was the real auction purchaser of the suit property and he got the sale certificate and obtained delivery of possession in the suit land. Their further case is that defendants Nos. 2 and 3 executed in favour of defendant, No. 1 a khai-khalashi deed whi..

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

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

....ison in the contents of the glass phial. The seals were found correct and intact. He also stated that action of aconite is very quick in comparison to other poisons and it is prepared from some plant roots. In cross- examination he stated that he could not say as to how and from where the contents o......ith Section 34 of the Penal Code sentencing both the appellants to transportation for life. While concurring with the main judgment just delivered by my learned brother Afzal, J in the case, I would like to add a few words of my own on some aspect of the chemical examination. 2. ..

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         ......all not be deemed to be a person holding an office of profit in the service of the People's Republic of Bangladesh for any purpose whatsoever". It is clause (a) which is relevant to the case before us. The amended Regulation No. 293 A enables the Chief Martial Law Administrator to seek..

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.   ...... that an election to fill the vacancy in the office of President shall be held, as Article 123 provides, within the period of 180 days prior to the date of expiration of the from or, in the case of vacancy accruing by reason of death, resignation or removal of the President, within the per..

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