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Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)

....bsolute. Case Referred To- Md. Amjad Hossain Howlader Vs. The Chief Election Commission, Dacca and others in Writ Petition No. 185 of 1974 Lawyers Involved: A. T. M. Kamrul Islam, Advocate—For the Petitioner Dr. Aleem-Al-Razee with A. T. Chowdhury. Advocate—For R......n (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents J......cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662       ......cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662       ..

Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1

Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)

.... case. In cross-examination by the prosecution he stated that he did not know if the said Omar Ali who instituted a case against P.W.7 is alive or not. 7. Mr. Abdul Hameed Chowdhury, the learned Advocate, appearing for the appellant has submitted that as there is no independent witness to suppo...... High Court Division (Criminal Appellate Jurisdiction) Present: A.T. M. Masud J Amirul Islam Chowdhury J Nazrul Islam alias Md. Nazrul Islam..................Appellant Vs. The State………………….Respondent Judgment ......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671         ......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671         ..

Category: Arms Law | Date: 2 May, 1975 | Hits: 2

Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908

....0/-. The appeal has been filed against the said decree by the heirs and the legal representatives of Defendant No. 2 who died during the pendency of the suit. 9. Mr. S. R. Paul, the learned Advocate appearing on behalf of the appellant has firstly contended that the learned Subordinate Jud......nt: D.C. Bhattacharya J A.S. Faizul Islam Choudhury J Abdul Awal and others…………………………….Appellants Vs. Mofasiluddin Ahmed and others……………Respondents Judgm...... far as this appeal is concerned. A.S. Faizul Islam Choudhury J.-I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 628         ......l is allowed. Cases Referred to- Goverdhan Vs. Maruti A.I.R. 1915 Nagpur Page 4; Kosaraju Peda Subabyya and others Vs. Moraranemi Veerayya and others A.I.R. 1935, Madrass 750; Seth Devendra Kumar Vs. Mrs. Nirmal Bai, A.I.R. 1944 Nagpur 292; Abdul Gafur Mia and others Vs. Abdul Gafur 12 DLR..

Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5

Eastern Hosiery Mills Sramik Bahumukhi Samabaya Samity Ltd Vs. Govt. of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....ions of Article 5 of the Bangladesh Abandoned Property Control, Management and Disposal Order, 1972, the same had the force of law. It was accordingly submitted by Mr. Mirza Gholam Hafez, the learned Advocate for the petitioners, that the impugned order, i.e. Notification dated 14.12.72, was made in......Sramik Bahumukhi Samabaya Samity Ltd...........Petitioner (In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Sa­mity Ltd...Petitioner (In Writ Petition No. 22 of 1973.) Vs. Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both......e interpretation of the Constitution. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 674         ......e interpretation of the Constitution. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 674         ..

Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3

Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)

....ction concerned the constitution of the Arbitration Court. The petitioner's objection were rejected during the hearing of the appeal. Against this background, Mr. M. H. Khandker, the learned Advocate for the petitioner raised 3 contentions before us, namely:- 4. Firstly, the Arbitratio...... Present: Fazle Munim J Shahabuddin Ahmed J Badruddin……………………………………Petitioner Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another….....Respondents ......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611   ......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611   ..

Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2

Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)

....nance 53 of 1962. The present Rules have been obtained by defendant No. 1 of the said suits as against the said decision of the learned Subordinate Judge. 5. Mr. Moinul Hossain, the learned Advocate appearing, on behalf of the petitioner submits that the learned Subordinate Judge was clear...... High Court Division (Civil Revisional Jurisdiction) Present: D.C. Bhattacharya J S. M. Mohsen Ali J Messrs. Haji Azam………….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment April 2......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583   ......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583   ..

Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3

Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC

....g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534   ......) Present: D. C. Bhattacharya J S. M. Mohsen Ali J Bangladesh………………………………........Appellant Vs. Babu Indu Bhusan Gupta & others ................Respondents Judgment April 1......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534   ......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534   ..

Category: Property Law | Date: 17 Apr, 1975 | Hits: 2

Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)

....e, null and void, a nullity. 14. I now fake up the points raised by Mr. Huq for the petitioner and Mr. Asrarul Hossain who has substantially supported him. It has first been urged by the learned Advocates that the word ex parte does not include an order of dismissal of default. The basis of the...... (Civil Revisional Jurisdiction) Present: K. Hossain J Badrul Haider Chowdhury J Abdur Rahman Chow­dhury J Sayed Maksud Ah­med.........................Petitioner Vs. Sunil Kumar Basu & others………………….Oppos......the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275     ......nal Jurisdiction) Present: K. Hossain J Badrul Haider Chowdhury J Abdur Rahman Chow­dhury J Sayed Maksud Ah­med.........................Petitioner Vs. Sunil Kumar Basu & others………………….Opposite Parties ..

Category: Property Law | Date: 11 Apr, 1975 | Hits: 4

Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)

.... because in the circumstances the constitutional remedy may very well be considered to be more efficacious remedy that a proceeding before the Election Tribunal. 11. Mr. Serajul Huq, the learned Advocate appearing on behalf of the petitioner has submitted that from the Form 'O' prepared......hattacharya J A. Rahman Chow­dhury J Shahiduddin Iskandar……………………………………Petitioner Vs. Bangladesh Election Commissioner & others…......Respondent Judgment A......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476       ......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476       ..

Category: Election Law | Date: 4 Apr, 1975 | Hits: 2

Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)

....d for recovery of khas possession giving proper market value of the Tea Estate, in default the suit shall stand dismissed as being not maintainable in its present form. Mr. Khondker, the learned Advocate, has appeared on behalf of the petitioners and Mr. Ahmed Hossain, the learned Advocate on b...... High Court Division (Civil Revisional Jurisdiction) Present: A. I. Chowdhury J K Hossain J Sree Sree Radha Krish­na Deities..........................Petitioner Vs. Bangladesh and others.......................................Opposite parties Judgment ......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ..

Category: Property Law | Date: 5 Mar, 1975 | Hits: 2

Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)

....ishna Udayar Vs. Vasudeva Aiyar, 44 LA. 261-22 C.W.N; Joy Chand Lai Babu Vs. Kamalaksha Chowdhury, 1 DLR 46; Jaisri Lal Vs. Dulhlal A.I.R. 1930 Patna 416. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Abdur Rab-II, Advocate-on-Record—For the Appellant. U.K. Abdul Hye, A......e Division (Civil) Present: SAB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Ramjan Khan alias Ramjan Ali Khan………...Appellant Vs. Obaidul Huq Chowdhury and others…………..Respondents Judgment ......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in:  28 DLR (AD) (1976) 57. ......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in:  28 DLR (AD) (1976) 57. ..

Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271

Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)

....7. AIR 1968 SC 1370; Yaqub Vs. The Chief Settlement Commissioner Lahore, 17 DLR (SC) page 105; Md. Kutubuddin Jaigirdar Vs. Nurjahan Begum, 25 DLR page 21. Lawyers Involved: B. N. Chowdhury Advocate—For Appellant. Ismailuddin Sarkar, Asstt. Attorney-General —For Respondent......Original Civil Jurisdiction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent ......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541     ......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541     ..

Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2

Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)

....ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411.   ...... High Court Division (Civil Appellate Jurisdiction) Present: K. M. Subhan J Abdul Mumith Chowdhury J Govt.of the then East Pakistan..........................Appellant Vs. M/s. Lucky Biri Company.................................Respondent Judgment Janua......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411.   ......ny. He has further admitted that before doing the Lucky Biri Company with Dayaram Khorabhai and Wallamji Khorabhai he did not enquire whether they had any liability of their own. 10. P.W. 5 Anil Kumar Sarkar is a formal witness. D.W.1 Bharat Chandra Adhikary is a clerk who has spoken about Khor..

Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3

Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)

....he prosecution no witness having been examined by the defence, found all the accused guilty of committing murder and convicted and sentenced them as aforesaid. 4. Mr. Rafique Rahman, the learned Advocate 'appearing for the appellants has as ailed the order of conviction on a number of groun...... Division (Criminal Appellate Jurisdiction) Present: Shahabuddin Ahmed J A.T.M. Masud J Mafu alias Mafizuddin Gazi…………......Accused-Appellant Vs. The State……………………........................ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ..

Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2

Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co¬operative Bank Ltd, 1975, 4 CLC (HCD)

....t on holding that the plaintiff has failed to substantiate his allegations and that the Title Suit was nothing but a counter-blast of the Bank's Money Suit. 12. Mr. Mozammel Huq, the learned Advocate appearing on behalf of the Appellant has mainly confined his submissions to the question re...... High Court Division (Original Civil Jurisdiction) Present: Debesh Chandra Bhattacharya J Faizul Islam Chawdhury J Md. Obaidul Akbar........................Appellant Vs. East Pakistan Provincial (now Bangladesh) Co­operative   Bank   Ltd...... the satisfaction of the decree passed in Money Suit No. 3 of 1960. A.S. Faizul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 523   ...... the satisfaction of the decree passed in Money Suit No. 3 of 1960. A.S. Faizul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 523   ..

Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3

Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)

....Vs. Farrok Ahmed and another………………....Respondents Judgment December 18, 1974. Result: The appeal is allowed. Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by Abu Backkar, Advocate-on-Record-For the Appellants. Mahbubur Rahman, Ad......iminal) Present: AM Sayem CJ Syed AB Mahmud Husain J Muhammad Abdullah Jabir J Ahsanuddin Choudhury J Abul Hossain and another………………......Appellants Vs. Farrok Ahmed and another………………....Respondents Judgment December 18......e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ......e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ..

Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7

Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)

.... by the Government. It has further been urged |ha| the learned Sessions Judge before taking fresh cognizance should have weighed the evidence already on record. 5. Mrs. Rabia Bhuiya, the learned Advocate appearing in support of these rules has pointed out that of the 11 persons who were involve......ction) Present: K. M. Subhan J S. M. Mohsen Ali J Abdul Wadud Sikder and others....................Petitioners (In C.R. No.176 of 1970) and (In C.R. Nos. 202 to 208 of 1970) Vs. State.........................................Opposite parties (In all the revisions) ......ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237.   ......ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237.   ..

Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2

Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)

....Paper Mills Ltd. 13 DLR 160; Glaxo Laboratories (Pak) Ltd. Karachi Vs. Pakistan, 14 DLR (SC) 17; Secretary, EPIDC Vs. Mohammad Serajul Huq, 22 DLR (SC) 284. Lawyers Involved: Mozammel Huq, Advocate, instructed by A. W. Mallik, Advocate-on-Record — For the Appellants (In Civil Appeal......Appellate Division (Civil) Present: AM Sayem CJ Syed AB Mahmud Husain J AFM Ahsanuddin Chowdhury J Aminul Islam and others. ....................Appellant. Vs. M/s. James Finlay & Co. Ltd. Khulna............Respondent (In Civil Appeal No. 1 of 19......tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accor­dingly without any order as to costs. Ed. This Case is also Reported in: ......tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accor­dingly without any order as to costs. Ed. This Case is also Reported in: ..

Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134

Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)

....P.L.D. 1968 (SC) 313; Government of West Pakistan and another Vs. Begum Agha Abdul Karim Shorish Kashmiri, (1969) 21 DLR (SC), P.L.D. 1969. (SC) 14. Lawyers Involved: Kazi Shahadat Hossain, Advocate—For the Petitioner. A.T.M. Afzal, Deputy Attorney-General with Abdul Hasib, Assi......onal Jurisdiction) Present: Fazle Munim J A.T.M. Masud J Tafur Uddin………………………………Appellant Vs. The State …………………………&......cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ..

Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2

Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)

....ered to appear, he shall be subject to all the provisions of the foregoing rules applicable to plaintiffs and defen­dants, respectively, who do not appear." 6. Mr. Fazlul Karim, learned Advocate for the purchaser petitioner submits that in view of the provision of Order 9 rule 12 C.P.C......il Revisional Jurisdiction) Present: Md. Habibur Rahman J Syed Mohammed Ali J Gura Meah Shah & others ………………….Petitioners Vs. Zahir Ahmed and others.....................Opposite Patties Judgment February 7, ......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160   ......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160   ..

Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1