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Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)

....s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316.   ......ioner. 14. Mr. Kamaluddin Ahmed appearing for the respondent No. 1 could not show us any provision of Martial Law which has been violated by the petitioner and for that matter the learned Asstt. Advocate General appearing for other respondents, could not lay his finger on any such law. In the p......6 A.I.R. 1961 (SC) 41; A.I.R 1962 (SC) 1320. Lawyers Involved: T. H. Khan with A. Taher Choudhury—For the petitioner. M.M. Haque—For Respondent No. 2 and 3. Kamahiddin Ahmed—For Respondent 1. Writ Petition No. 551 of 1976. Judgment Badrul Haider ......s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316.   ..

Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5

Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)

.... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193   ......ndonation of delay and dismissed the appeal on the ground of limitation. These two Rules are against the aforesaid two orders of the learned District Judge. 3. Mr. Golam Rabbani the learned Advocate appearing in support of the Rules contends that the learned District Judge acted illegally ......llip;…………Opposite Party Judgment August 15, 1977. Result: The two Rules are made absolute. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others 27 OLR 61 (Appellate Division) is evidently distinguishable. The case of Barada Pra...... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193   ..

Category: Property Law | Date: 15 Aug, 1977 | Hits: 3

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

....beyond the province of the Court to say anything further in the matter. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)131.   ...... detenus as smugglers and therefore, the detention has become necessary under rule 5(1)(a) of the Emergency Powers Rules. These detentions are under challenge. 5. Mr. Latifur Rahman, the learned Advocate appearing for the detenus has argued that rule 5(1)(a) is not at all attracted and, therefo......nted bail he could not come out because an order of detention was passed. This detention order was challenged as mala fide. Considering the facts and circumstances of the case our brother Shahabuddin Ahmed, J concluded that the detention was justified. In that case, however, no argument was advanced......beyond the province of the Court to say anything further in the matter. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)131.   ..

Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4

Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)

....rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75.         ......ppeal below held that the pre-emptor No. 2 by associating with his wife who is not co-sharer in the case holding did not forfeit his right of pre-emption. 6. Mr. Abu Taher Chowdhury, the learned Advocate appearing in support of the Rule contends that the husband (Pre-emptor No. 2) having associ......rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75.         ......rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75.         ..

Category: Property Law | Date: 9 Aug, 1977 | Hits: 2

Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)

....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......, 1977. Result: This appeal is allowed. Cases Referred to- Dakas Khan Vs. Ghulam Khan Qasim I.L.R. 45 Cal 793 28 C L.J. 441 Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, Mozammel Huq Khan, Advocate, instructed by A. Rab-II, Advocate-on-Record-For the Appellant......ugust 3, 1977. Result: This appeal is allowed. Cases Referred to- Dakas Khan Vs. Ghulam Khan Qasim I.L.R. 45 Cal 793 28 C L.J. 441 Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, Mozammel Huq Khan, Advocate, instructed by A. Rab-II, Advocate-on-Record-For the Ap......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ..

Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113

Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)

....d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213   ......dered that the property of the deceased had not been attached and in the money suit filed by the petitioner proper security had been given for realisation of the loan. 5. Mr. M. A. Rouf, learned Advocate appearing for the appellant, has only submitted two grounds; that the learned District Judg......med J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213   ......d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213   ..

Category: Property Law | Date: 29 Jul, 1977 | Hits: 2

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....de absolute without any order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 295       ......cal Government, Government of Bangladesh & ors in writ petition No. 372 of 1975. Lawyers Involved: Asrarul Hossain, Rafiqul Huq—For the Petitioner. Kazi Shafiuddin, Assistant Advocate Ge­neral—For the Respondents. Petition No. 78 of 1973. Judgment Ba......de absolute without any order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 295       ......de absolute without any order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 295       ..

Category: Property Law | Date: 27 Jul, 1977 | Hits: 2

Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)

.... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119.   ......llowed in part. Case Referred To- Bangladesh Vs. Fazlur Rahman, (1974) 26 D.L.R. 255;Bangladesh Vs. Abdul Mannan, (1977) 29 D.L.R. (S.C.) 17 Lawyers Involved: Sultan Ahmed, Deputy Advocate General—For the Appellant. M. A. Jalil—For the Respondents. Appeal f...... — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119.   ...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119.   ..

Category: Property Law | Date: 18 Jul, 1977 | Hits: 2

Abdur Rahman Vs. The State, 1977, 6 CLC (AD)

....ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257.   ......11; PLD 1963 Dac, 618; Attah Md. Vs. Inspector General of Police, West Pakistan, PLD 1965 (W.P.) Lah. 734; Jaffar Ahmed Vs. State, 26 DLR 211. Lawyers Involved: Md. Moksudur Rahman, Advocate instructed by S. S. Huda, Advocate-on-Record—For the Appellant. Sultan Hossain Kh...... 93; Peer Badsha Vs. State, 15 DLR (SC) 55; Abul Vs. Haji Abdul Gani, 14 DLR Dac. 511; PLD 1963 Dac, 618; Attah Md. Vs. Inspector General of Police, West Pakistan, PLD 1965 (W.P.) Lah. 734; Jaffar Ahmed Vs. State, 26 DLR 211. Lawyers Involved: Md. Moksudur Rahman, Advocate instruc......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257.   ..

Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72

Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)

.... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186.   ......ted son-in-law created at the instance of the original owner (father-in-law) can no longer bind the subsequent owner (Govt.) whose right accrued by operation of law. 6. Mr. S.R. Pal, the learned Advocate appearing on behalf of the appellant has contended that the Appellate Court below has misco...... This Case is also Reported in: 31 DLR (HCD) (1979) 186.   ...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186.   ..

Category: Property Law | Date: 8 Jul, 1977 | Hits: 2

M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)

....fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ......nt of Bangla­desh and others.......................Respondents Judgment June 29, 1977. Result: The Rules are made absolute. Lawyers Involved: Amir Hossain Khandker, Advocate—For the Petitioner. M.M. Hague, A.A.G. with QuaziShafiuddin A.A.G.—For the......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ..

Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3

Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)

....de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......;27 of the Local Government Ordinance, 1976 is "Civil Court" and as such, is competent to grant temporary injunction under Order 39 of the Code of Civil Procedure. 7. Learned Advocate appearing for the petitioners submitted that the Election Tribunal not being a civil Court,......ndents Judgment June 28, 1977. Result: The Rules are made absolute. Cases Referred to- Shamsul Huq Sikder Vs. Election Tribu­nal and others, 27 DLR 388; Masahiduddin Ahmed Vs. Munsif, Sunamgonj, Sylhet and others 28 DLR 189 ; A Gafur Vs. Election Tribunal and Munsif......de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ..

Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5

Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)

.... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ......nt injunction is not sustainable in law. The learned Subordinate Judge appears to have directed his attention to the oral evidence adduced by the parties. 5. Mr. Abu Taher Chowdhury, the learned Advocate appearing in support of the appeal has placed the judgment of the Courts below and has cont...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 2

Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)

.... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ............(8)  Cases Referred to- The Sind Tanneries Ltd. Vs. Hajee Mohammedin & Co., 8 DLR 719; Azizur Rahman Vs. Janata Bank, 28 DLR 252. Lawyers Involved: Shahid Alam, Advocate - For the Petitioner. Sultan Ahmed, Deputy Attorney-General - For the Respondent. ...... This Case is also Reported in: 50 DLR (HCD) (1998) 109. ...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 60

Manager, Sonali Jute Mills Ltd Vs.Secretary, Sonali Jute Mills Workers Union, & others, 1977, 6 CLC (HCD)

....ithout lawful authority and is of no legal effect. We make no order as to costs. Muhammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 141. ......tion restraining the 2nd partly from stopping the benefit granted to the 1st party on the basis of the agreement dated 25-7-73. 3. This order is under challenge. Mr. Asrarul Hossain, the learned Advocate has raised 2 points, namely, 1) That the agreement was absolutely provisional which ag...... June 24, 1977. Result: The rule is made absolute. Cases Referred To- Bangladesh Fishermen's Co operative Society Ltd. Vs. The Chairman, Labor Court, Chittagong; Mr. Bashir Ahmed (1975) 27 D.L.R. 367; Khulna Tobacco Vs. Chairman, Labor Court (1977) 29 D.L.R. 148 Lawye......ithout lawful authority and is of no legal effect. We make no order as to costs. Muhammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 141. ..

Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3

Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)

....not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303.   ......ssioner of Workmen's Compensation, by Order no. 25 dated 4-9-75, dismissed the miscellaneous case for default, against which the present appeal has been filed. Mr. M. Behtar Ali, the learned Advocate has appeared in this appeal for the appellant. This appeal raised the question as to w......not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303.   ......not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303.   ..

Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ......nsideration of a large number of decisions cited before him and on hearing the parties allowed the application filed by the Government and rejected the plaint. 4. Mr. Raisuddin Khan, the learned Advocate appearing in support of the rule has firstly contended that after the acquittal of the plai......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ..

Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1

Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra Vs. The State and others, 1977, 6 CLC (HCD)

....ndered by both the learned Assistant Advocate General and Mr. Serajul Huq. Muhammad Habibur Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 103.   ...... Mr. Huq has contended that the order of detention must give indication as to which circumstances had weighed into the mind of the detaining authority. 5. Mr. Moazzem Hossain, the learned Asstt. Advocate General appearing for the detaining authority has raised the question of nature and extent ......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq. Muhammad Habibur Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 103.   ......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq. Muhammad Habibur Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 103.   ..

Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1

Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)

....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......ar Meher Ali Vs. Budge Jute Mills Co., ILR 33 Calcutta 702; ILR 34 Cal. 289; Chandra Srinivasa Rao Vs. Korrapati Raja Ram Mohon Rao, AIR 1952 Madras 579. Lawyers Involved: T.H. Khan, Senior Advocate, with M. A. Baqui Mallick, Advocate instructed by M. R. Khan, Advocate on Record - For the ......urt Appellate Division (Civil) Present: Mahmud Husain CJ APM Ahsanuddin Chowdhury J Kemaluddin Hossaian J DC Bhattacharya J Fazle Munim J Shamsuddin Ahmed…………………..Appellant Vs. Mohd. Hassan ......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ..

Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60

Khulna Shipyard Employees Union Vs. General Manager, Khulna Shipyard and two others, 1977, 6 CLC (HCD)

....sult, the rule is discharged without any order as to costs. Abdul Matin Khan Chowdhry J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ......t is not at all maintainable since the petitioner as a trade union of the Workers got no locus standi to invoke writ jurisdiction of this Court on behalf of the workers. Mr. Khalilur Rahman, learned, Advocate appearing on behalf of the respondents 1 and 2 has contended that the petitioner is not a &...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ......sult, the rule is discharged without any order as to costs. Abdul Matin Khan Chowdhry J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ..

Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1