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Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)

....The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179.     ......id in the first instance. The discretion has given to the Court to allow Court fees to be paid at any stage by the person by whom such fee is payable…………… (24) Lawyers Involved: B.N. Chowdhury—For the Appellant. Tajibul Huq—For the Respo......ahifur Reza Chowdhury & another...........Respondents Judgment August 29, 1977 Result: The rule in Civil Revision No. 345 of 1975 is discharged Other is disposed of. Order 41 rule 23, 24 & 25 of the Code of Civil Procedure, 1908 Evidence on record..

Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1

Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)

.... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244.   ......ppeals.) Judgment August 23, 1977. Result: The petition is dismissed. Cases Referred to- Chowmuhani College Vs. Ismail (1974) 26 DLRr 10; R. Johnstone Vs. Archi­bald Law Report (AC) Vol. 7 Pak. 219; Full Wood Vs. Chancery Div. Vol. IX, 176; M/s. Pharmapak Vs. Dy. Re...... Lawyers Involved: S. R. Paul with Khalilur Rahman—For the Appellants. Khandker Mahbubuddin Ahmed with A, K. Maintil Huq—For the Rcfpondtni No. 1. Appeal from Original Order Nos. 217 & 218 of 1977. Judgment M. H. Rahman J.—These two appeals have ar..

Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8

Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)

....t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......ul Samad and others (1975) 27 DLR 31; Darogaii Sheikh and ors. Vs. Milatannessa Bibi and others (1976) 28 DLR 9; S.M. Yousuf and another Vs. Khandker Hafizur Rahman and others (1974) 26 DLR 124. Lawyers Involved: SR Pal, Senior Advocate, with S.C. Das, Ad­vocate, instructed by B.C. Pan......with S.C. Das, Ad­vocate, instructed by B.C. Panday, Advocate-on- Record—For the Appellant. Ex-parte—the Respondent. Civil Appeal No.51 of 1977. (From the Judgment and Order dated 19-1-76 passed by the High Court Division in Civil Order No. 69 of 1976). Judgment ..

Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111

Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)

....he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349.   ...... Cases Referred to- Labhu Ram Vs. Ram Protap, AIR 1944 Lah. 76; S M. Nripjit Ram Vs. Sardar Satinder Singh, AIR 1955 Pun. 190; Dasulal Bhagchand Lal Vs. Narayan Mahadeo AIR 1937 Nag. 105. Lawyers Involved: Sultan Ahmed, D.A.G.—For the Appellant. Abdur Rashid Gazi—F......gchand Lal Vs. Narayan Mahadeo AIR 1937 Nag. 105. Lawyers Involved: Sultan Ahmed, D.A.G.—For the Appellant. Abdur Rashid Gazi—For the Respondent. Appeal from Original Order No. 356 of 1976 Judgment Siddique Ahmed Chowdhury J.-This appeal is at the instance..

Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2

Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)

....e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15.       ......………………Respondent Judgment August 18, 1977. Result: Both the appeals are allowed. Case Referred To- A.I.R. (SC) 1968, 147. Lawyers Involved: Rafiqul Huq with T. Islam—For Appellant (In F.A.No.16 of 1977). Sy......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15.       ..

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

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

....ted him to show cause within 3 days of the receipt of the said Memo. As to why the losses accrued to the pourashava due to the surrender would not be realized from the petitioner and why action under Martial Law Regulation should not be taken against him for his failure to pay the security deposit o......August 17, 1977. Result: The rule is made absolute. Cases Referred To- State of Madhya Pradesh Vs. Bhailal Bhai. AIR 1964 (SC) 1006 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&......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   ...... distinguishable. The case of Barada Prasanna Lod and others Vs. Kobbad Mia 13 DLR 765 South India Corporation (B) Ltd. Vs. Secretary, Board of Revenue, Trivandrum and another AIR 1964 (SC) 207. Lawyers Involved: Golam Rabbani—For the Petitioner. Md. Ansar Ali—For the Opposite ...... the necessary facts and relevant law. According to the learned Advocate, the two appeals were not barred by limitation inasmuch as the appellant was entitled under the Bangladesh (Legal Proceedings) Order, 1972, President's Order No.12 of 1972 to get the benefit of nonexistence of a period from..

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)

....actor and it has been proclaimed by the President after the fourth constitutional amendment and that emergency is still continuing. Added to it, a proclamation was made on 20th August, 1975 declaring Martial Law and the country is still under the Proclamations of 28th August and 8th November, 1975. ......; Arun Kumar Vs. State of West Bengal; Brozan Vs. State of West Benga; Bhimsen Vs. Union of India, A.I.R. 1951 (SC) 481; Kripa Shindu Hazra Vs. Bangladesh Govt. in Criminal Misc. Case No. 69/77. Lawyers involved: K.Z. Alam with Latifur Rahman—For the petitioner (In the three petition......ces essential to the life of the community. Thus, the life of the community was regulated by these rules for maintenance of essential supplies and services to the life of the community and numbers of Orders were framed under rule 81 such as Food Grains Control Order, Kerosene Control Order and contr..

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

Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)

....nd in the letter of reference, the reference is accepted. Send down the records at once.   Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4.     ....... Cases Referred to- Shahzada Daljit Singh vs. Mian Taj Singh A.I.R. 1939, Cud, 284; Netesa Naicken Vs. Raghavachari and others in A.I.R. 1925 Madras, 327;Ngathan Vs. Emperor in 15 Criminal Law Journal 555)  Lawyers Involved: M. B. Rahman—In support of the Refer­en......nd in the letter of reference, the reference is accepted. Send down the records at once.   Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4.     ..

Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2

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.         ......bdul Malek Laskar Vs. Begum Tayabnnnessa and others, (1966) 18 D.L.R. 18; Babul Haque Vs. Laljan Bibi and others, (1958) 10 D.L.R. 34; Diam Hossain Vs. Haran Das Namasudra, P.L.D. 1962 Dac. 458. Lawyers Involved: Abu Taker Chowdhury—For the petitioner. Md. Ansar Ali–For o......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. ..................Respondents Judgment August 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......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   ...... July 29, 1977. Result: The appeal is dismissed. Cases Referred to- Sarala Sundari Vs. Dina Bandho Roy, AIR 1944 (PC) 11. Md. Abdul Jalil Vs. Surendra Nath in 21 DLR 331. Lawyers Involved: M.A. Rouf-For the Petitioner Khondker Mahbubuddin Ahmed with M......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       ...... Establishment Division, Dacca & others (1977) 29 DLR 118; Md. Abdul Malek Vs. Secretary, Department of Local Government, Government of Bangladesh & ors in writ petition No. 372 of 1975. Lawyers Involved: Asrarul Hossain, Rafiqul Huq—For the Petitioner. Kazi Shafiuddin, ......med to appear before it on a date fixed by it to show cause why it shall not recommend to the Government or organization concerned, as the case may be any of the actions specified in Article 6 of the Order. (5) If the Government servant concerned appears before the Board on the date fixed by it..

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.   ...... 18, 1977. Result: The appeal is allowed 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. Jal...... 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.   ......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 instructed by S. S. Huda, Advocate-on-Record......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.   ...... C.W.N. 205; Ananda Mohan Kunda and others Vs. Province of East Pakistan and others, (1968) 20 D.L.R. 976; M.M. Ispahani Ltd. Vs. Deputy Custodian of Enemy Property and others (1968) 20 DLR 493. Lawyers Involved: S.R. Pal with S.C. Das—For the Appellant. Ismailuddin Sarkar, A.A.......ion for residence in the premises in question or her possession therein comes within the mischief of 5(1) (a) of the then East Pakistan Enemy Property (land and buildings) Administration and Disposal Order, 1966. 3. Facts relevant for the disposal of the case is as follows: Plaintiff instituted..

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.   ...................Petitioner Vs. Government 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.......emoving the petitioner from his services by way of compulsory retirement with immediate effect allegedly on the- recommendation of the Second Screening Board under Article 5(a) of the President's Order No. 67 of 1972. Against the aforesaid order of removal the petitioner made a representation be..

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 ......;nal and others, 27 DLR 388; Masahiduddin Ahmed Vs. Munsif, Sunamgonj, Sylhet and others 28 DLR 189 ; A Gafur Vs. Election Tribunal and Munsif, 2nd Court, Feni, Noa-khali and another 29 DLR 111. Lawyers Involved: Khandaker Mahbub Hossain, with Md. Shah Alam—For the Petitioner (In pet...... Vs. Election Tribunal and others, (1975) 27 D.L.R. 388; and (2) Masehiuddin Ahmed Vs. Munsif Sunamganj, Sylhet and others (1976) 28 D.L.R. 189, were ignored while granting temporary injunction under Order 39, rule 1 of the Code of Civil Procedure although it has been clearly held therein ..

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. ....................Plaintiff-Appellate Vs. Izahar Ali Mir and ano­ther.......................Defendants-Respondent Judgment June 28, 1977. Result: The appeal fails. Lawyers Involved: Abu Taker Chowdhury—For the appellant. Md. Ansar Ali—For th......r Ali, the learned Advocate appearing for the respondent has raised a preliminary objection that the suit was not maintainable in the absence of permission of the Court to sue as representative under Order 1, rule 8 of the Code of Civil Procedure. The learned Advocate has further pointed o..

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. ......yer for the ends of justice...............(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 Attorne......er, Barisal…………………Respondents Judgment June 28, 1977. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908), section 151; Order 9, rule 4   A client shall not suffer because of negligence and enigm..

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