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Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....per constitution, he ought not to have proceeded to decide the matter. Both these reasons compel us to hold that the objection as to the constitution of the Arbitration Court is sustainable under the law. Since we have decided that the Arbitration Court itself, was not properly constituted, it follo......975 Result: The Rule is made absolute. Cases Referred To- Farquharson Vs. Morgan, Queen’s Beach Division (1), 1894, 552 at page 558; Lord Denman in Bodenham Vs. Rickets; Lal and others Vs. The Crown, reported in 6 DLR (P.C.), 38 Lawyers involved: M. H. Khandker-Fo...... the matter of: Am application under Article 102(2) (a) (ii) of the Constitution of the People's Republic of Bangladesh. Judgment Fazle Munim J. — This Rule is directed against an order of Award dated 31. 8. 73 passed by the Court of Tribunal constituted under the President's..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....ing that the suits are maintainable. The learned Subordinate Judge has decided the question on the view that the Arbitration (Protocol and Convention) Act, 1937 has been continued in force as a valid law in the country and whatever defect had been found by the Supreme Court of Pakistan in the case o......5. Lawyers Involved: Moinul Hossain, Mozammel Hoque Khan —For Petitioner (In both the Rules). M. Hafizullah—For Opposite Party (In both Rules). Civil Revision Nos. 628 and 629 of 1973 Judgment D. C. Bhattacharya J. —These two rules raise a certain ques......in the midst of a bloody and atrocious war imposed by Pakistan upon the people of Bangladesh, and the newly constituted State befog in immediate need of the laws which will be required for running an orderly government in the territories over which they established their control, all those laws whic..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....ned Attorney General has argued that in a suit brought by the plaintiffs there could not have been any decree in favor of a defendant who had not sought for nor could seek for such a decree under the law, and that the order of remand which was made by the Dacca High Court providing for such a decree...... Vs. Babu Indu Bhusan Gupta & others ................Respondents Judgment April 17, 1975 Result: The appeal is dismissed. Cases referred to- Satyadhran Ghosal and others Vs. Smt. Deorajin Debi and another, A.I.R. 1960 (S.C.) 941; Sundar Ahir and others Vs. Ph......ent. F. A. No. 235 of 1968 Judgment D.C. Bhattacharya J.— This appeal is directed against a judgment and decree passed by the second court of Subordinate Judge, Barisal after an order of remand made by the High Court of. East Pakistan and was at the instance of the Province of ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....7.5.71 sale-certificate was granted to the auction Purchaser; on 31.5.71 order for |he issue of writ of delivery of possession was made. On these occasions the judgment-debtor appeared through a lawyer, though not personally. On 11.6.71 the delivery of possession of the property was given to th...... Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muhammad PLD 1961 Lahore 792; Hariram Rewachand Vs. Pribhdas Mulchand and others AIR 1945 Sind 98; Sangram Singh, Vs. Election Tribunal Kotah an......udgment-debtor. On that day the auction-purchaser appeared by avokalat-nama, and the decree-holder prayed for Further time for filing its objection. On 17.5.71 the Executing Court passed another order ex pane vacating |he stay order obtained earlier by the judgment-debtor on 31.8.70.: by the sa..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....agents and prepared the Form 'M' which was sent to the Returning Officer,-that at no stage of the counting the Presiding Officer informed the Returning Officer as to the presence of the 130 unlawful votes in the ballot boxes at the P.T.I. Maizdi Polling station in question, that the entire s......bsp; ......ballot papers which have been found in the ballot boxes, cannot be said in any way, to be spurious. The story of a lost ballot book and of excess ballot papers in the ballot boxes is after-thought in order to help the Petitioner case. 14. At the time of issuing the Rule we were of the view that..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....lhet where they made the following prayer. “A) A declaration that the plaintiff being the owner of the suit properties and that the S/properties not being enemy property as contemplated by law, and all proceedings purported to declare the S/properties as enemy property are mala fide, unla......sion (Civil Revisional Jurisdiction) Present: A. I. Chowdhury J K Hossain J Sree Sree Radha Krishna Deities..........................Petitioner Vs. Bangladesh and others.......................................Opposite parties Judgment March 5, 1974. ......, curious it may be, should be accepted. 5. In the case of Md. Yasin the plaintiff made the following prayer in their plaint: “(a) That a decree be passed declaring that the purported order of cancellation of allotment bearing No. 422(64) Relf. dated 5-6-65 and the purported letter o..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)
....g that no execution could proceed and that status quo ante the rent suit be restored. 6. Against this order leave was obtained by the auction purchaser, the appellant before us. Two questions of law are involved in this appeal. First: What is the extent of jurisdiction of the High Court under......esent: 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 February 5, 1975. Result: ......ecord—For the Appellant. U.K. Abdul Hye, Advocate—For the Respondent No.1. Ex-parte—Respondents Nos. 2-10. Civil Appeal No. 8-D of 1971. (On appeal from the Judgment and order of the High Court of East Pakistan, Dacca date the 3rd August, 1967 in Civil Revision No. ..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....under the provisions of East Bengal Emergency Requisition of property Act 1948 was illegal and ultra vires and that the demolition of the structure constructed by him on the aforesaid Plot was also unlawful and for recovery of money for a claim for compensation amounting to Rs. 27373/5 annas 6 Paisa......diction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent Judgment ......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)
..... Mr. Sultan Ahmed, the learned Deputy Attorney-General appearing in support of the appeal has canvassed before us firstly that (1) in the facts and circumstances of the case the Court below erred in law and fact in not holding that the deed of partnership is nothing but a creation of a firm for eva.................Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; President Vs. Mr. Justice Shaukat Ali, PLD 1971 (SC) 585 relevant page a......e Central Bank of India Ltd. Calcutta for realization of the price of the biris through its Rangpur branch office. The biris reached its destination, but the Sub-divisional Officer, Nilphamari by his order wrongfully and illegally withheld the biris and subsequently the said Sub-Divisional Officer p..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
.....I.R., one is Sultan Master, a sitting M.U.C. and another is Minnat Ali Chowkidar, both of whom are first cousins of the deceased residing in the same house. As to Ali Akbar, he is found to be son-in-law of Minnat Ali. Similarly, Khalilur Rahman alias Khalil Master. is the brother-in-law of Minnat A......nt Vs. The State……………………....................Respondent Judgment January 21, 1975. Result: The order of conviction and sentence is set aside. Lawyers Involved: Rafique Rahman—For the Appellants. ...........Accused-Appellant Vs. The State……………………....................Respondent Judgment January 21, 1975. Result: The order of conviction and sentence is set aside. Lawyers Involved: Rafique Rahman—For ..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
....on regarding the validity of the safe of the pledged stock of timber held on 1.10.54 and has contended that the sale having been held without any proper notice, to the plaintiff as required under the law was void and that the Bank having obtained the decree against the plaintiff in Money Suit No. 7 ...... - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......the complaint of Mr. Ubaidul Akbar and also the materials of 2 other cases against Mr. Halim (at my complaints) were forwarded to the Screening Committee which screened out Mr. Halim and therefore, I ordered to submit final reports true. Accordingly I submitted final reports declaring that all the t..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)
.... leave to appeal was directed to be converted and registered as an Appeal, which were done. 9. The question that arises is this appeal is whether the High Court Division committed an error of law in disposing of the Criminal Revision filed before it. The case arose out of an order passed by...... Supreme Court Appellate Division (Criminal) 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……………......he penal Code was started on a First Information Report lodged by Respondent No.1 on 13.7.73 alleging that the appellants along with 5 others, adducted his full brother Kanchan Mian on 11.07.73 in order that Kanchan Mian might be murdered. The appellants were produced under arrest before the sub..Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....970 and C. R. No. 202, 203, 204, 204, 205, 206, 207, 208 of 1970. Judgment K.M. Subhan J.— These eight rules are disposed of by this judgment because they raise the common question of law. The petitioners obtained these rules against the Judgment and order passed by the learned Sessi...... DLR (HCD) (1978) 237. ...... Judgment K.M. Subhan J.— These eight rules are disposed of by this judgment because they raise the common question of law. The petitioners obtained these rules against the Judgment and order passed by the learned Sessions Judge on 31-12-69 in Criminal Appeals No. 252 to 259 of 1969 of..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)
....statement denying the charge of alleged victimisation and contended that the termination of services of Aminul Islam was termination simpliciter which the Company was entitled to do in law. Further contention of the Company was that Aminul Islam after termination of his services ......ase is also Reported in: ......Appellant Vs. Aminul Islam and others………………Respondents (In Civil Appeal No. 2 of 1974). Judgment May 3, 1974. Result: The order sending the case back on remand for retrial is hereby set aside. The award made by the learned..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....missioner, Dacca to show cause why the petitioner who is alleged to be illegally and improperly detained in jail should not be produced or brought before the Court to be dealt with in accordance with law or set at liberty. 2. The facts of the case in brief are that the petitioner was arrested f......R (SC) 403-Golam Jilani Vs. The Government of West Pakistan, P.L.D. 1967 (SC) 373, Abdul Baki Vs. The Government of Pakistan, (1963) 20 DLR (SC) 249; 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. ......nbsp; 30-5-73. Case No. 23 (5) 73 u/s 19A (f) Arms Act & P.O. 50/72. The petitioner was sent to the Central Jail under an order of the learned Sub-Divisional Officer. It appears from the F.I.R. that the petitioner's na..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)
....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 ......ction) Present: Md. Habibur Rahman J Syed Mohammed Ali J Gura Meah Shah & others ………………….Petitioners Vs. Zahir Ahmed and others.....................Opposite Patties Judgment February 7, 1984. Result: ......ivil Procedure. Judgment Mohammed Habibur Rahman J.—This is an application for issuing rule upon pre-emptor opposite party No.1 Zahir. Ahmed. Shah to show cause as to why the impugned order No.17 dated 25.1.84 in Misc. Case No.22 of 1979 by the learned Subordinate Judge, 3rd Court, C..Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
.... aside an auction sale of certain lands held under Order 21, rule 90 of the Code of Civil Procedure for an amount of Tk. 70.84 paisa has raised certain important questions of constitutional law of some nicety. 2. The facts leading to this application are as follows: One Budhair Sutrad...... Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ......ale had been brought about, by fraudulently suppressing all notices, at a shockingly low price. 3. The learned Munsif, without going into the merits of the case has set aside the sale by a brief order on the ground that the decree-holder did not obtain the requisite permission from the Board of..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
.... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ......ginal Jurisdiction) Present: Fazle Munim J Nurul Alam………………........Petitioner Vs. The Chairman, Second Labour Court of East Pakistan and others..........Respondents Judgment July 30, 1973. ......itioner. S. M. Hussein with M. Hafizullah, Advocates —For Respondents No. 2. Petition No.408 of 1969. Judgment Fazle Munim J.- This Rule is directed against the judgment and order of the Second Labour Court, Chittagong, holding the petitioner to be a "Worker"-with..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....ice work and corrupt practices under the East Pakistan Government Servants (Efficiency and Discipline) Rules, 1960. It is argued that disciplinary proceedings are to be followed according to the law and since the order are judicial orders, the orders must be based on reasonings. Case Refer......made absolute. Government Service- Dismissal of on the ground of Corruption practice The petitioner was charged under the allegations of misconduct, gross interference with the office work and corrupt practices under the East Pakistan Government Servants (Efficiency and Discipline) Rules,......pt practices under the East Pakistan Government Servants (Efficiency and Discipline) Rules, 1960. It is argued that disciplinary proceedings are to be followed according to the law and since the order are judicial orders, the orders must be based on reasonings. Case Referred to- Bachh..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....62 in default whereof the suit would be treated as dismissed. A second appeal was filed to the High Court of West Pakistan but this appeal being treated as revision under an amendment of the relevant law was dismissed on the 9th of October, 1962. The pre-emption money as directed by the court was su...... This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......osite Party. Civil Revision No.1436 of 1967. Judgment D.C. Bhattacharya J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure against an order of rejection of an application filed by the petitioners under section 151 read with ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
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