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.... CJ.- Leave was granted at the instance of Defendant- Appellants to consider whether the amendment of the plaint of the suit pending in the Court of Munsif, 5th Court, Chittagong, was done on correct principle as provided in Order 6, rule 17 of the Code of Civil Procedure and on the judicial authori......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......Das Vs. Amir Khan, AIR 1921 PC 50; Keramat Ali Vs. Muhammad Younus Haji, PLD 1963 (SC) 191=15 DLR (SC) 120; Golam Hafez Meah Vs. Khadem Ali Meah 29 DLR 311; Md. Zahoor Ali Khan's case 11 MIA 468.
Lawyers Involved:
T.H. Khan, Senior Advocate, with Formanullah Khan, Advocate, instructed by A. ..
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....t. 10. The learned Deputy Attorney-General drew our attention to a passage in the case of Parshotam Lal Dhingra Vs. Union of India PLD 1958 SC (India) 217 which runs thus: “Shortly put, the principle is that when a servant has right to a post or to a rank either under the terms of the conÂ......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......shaffe Ahmed & another, DLR 1965 SC 63; Parshotam Lal Dhingra v. Union of India, PLD 1958 SC (India) 217; Hartwell Precott Singh v. The Utter Pradesh Government & others, AIR 1957 SC 886. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assista..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. PaÂnama Vs. Bangladesh, 1977, 6 CLC (AD)
....tachment under this rule. Movable properties casually broÂught within the Court’s jurisdiction should not ordinarily be attached, unless there are other compelling reasons to do so. Tested on this principle a foreign ship which is calling at international ports on her usual voyage, if comes withi......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ...... Bangladesh...........Respondent Judgment August 15, 1977. Cases Referred To- Shamsul Hada Vs. Mozammel Huq (1975) 27 DLR 256; Premraj Vs. Maneck Gazi, AIR, 1971 Calcutta 156. Lawyers Involved: S.R. Pal, Senior Advocate, with M. Maiqfizullah and Nurul Islam, Advocates ins..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....e Judge dismissing the application for pre-emption. Leave was granted to consider whether the High Court in the exercise of its power under section 115 of the Code of Civil Procedure acted on correct principle in the exÂercise of jurisdiction in disturbing the appellate court’s finding of fact th...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......2; N.S. Venkatagiri Ayyangar & another Vs. The Hindu Religions Endowments Board, Madras, 53 CWN (PC) 458; Ramjan Khan @ Ramjan Ali Khan Vs. Obaidul Huq Chowdhury & others, 28 DLR (AD) 57. Lawyers Involved: M.H. Khandokar, Senior Advocate, instrucÂted by S.M. Huq, Advocate-on-Record ..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......ber 6, 1978. Result: The appeal is allowed. Cases Referred to- Muhammad Meherali Mondal Vs. Muhammad Karim Ali Sarkar (1965) 17 DLR 365; Abdur Rahman Vs. Baser Ali (1969) 21 DLR 99. Lawyers Involved: M.A. Rouf, Advocate, instructed by Md. Giasuddin Bhuiyan, Advocate-on-Record -..Category: Property Law | Date: | Hits: 34
P.W.V. Rowe Vs. Chairman LabÂour Court, Chittagong, 1977, 6 CLC (AD)
....n the aforesaid case interfered with a finding of fact recorded by the Labour Court, on the view that such finding having lacked in proper corroboration was perverse. We have great doubts whether the principle, as has been enunciated in the said decision on this question, can be invoked in the prese......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petiÂtion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ....... Chairman LabÂour Court, Chittagong…………...Respondents Judgment January 14, 1977. Case Referred To- National Engineering Industries Ltd. Vs. Hamman, AIR 1968 (SC) 33. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with A.Y. Salehuzzaman, Advocate, instruc..Category: Labour and Industrial Law | Date: | Hits: 77
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......ain CJ Badrul Haider Chowdhury J Debaranjan Sen & others................Appellants Vs. Md. Abdus Sabur and others………………Respondents Judgment April 16, 1978. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A. Rab—II, Advocate-on-Record - For ..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....s to only a portion of the land transferred should fail or should it fail in respect of the other lands transferred? In that case, would it not be a partial pre-emption which is conÂtrary to law and principle of pre-empÂtion? On the other hand, if it is held that land contiguous to the land transÂ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......epai (1961) 13 DLR 323; Syed Abdul Karim Vs. Harendra Chandra Dhupi (1962) 14 DLR 847; 17 DLR 618; 19 DLR 659; 21 DLR 647; 22 DLR 64; 26 DLR 93; 21 DLR (AD) 5; 38 CWN 288; 38 CWN 654; 43 CWN 200. Lawyers Involved: M. H. Khondker, Senior Advocate with Shafiqur Rahman, Advocate, Instructed by ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....ourt is not given nor did ever possess, unrestricted and undefined power to make any order, it might be pleased to consider, was in the interest of justice. Its inherent powers are much controlled by principle and precedent as are its expressed powers conferred under the statute. The High Court can ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......17 DLR (SC) 153; Fazle Karim Vs. The State, PLD 1957 (WP) Lahore 857; Ghulam Qadir Khan Vs. The State, PLD 1963 Lahore 32; AIR 1938 Mad, 129; Raja Hoq Newaz Vs. Mohd. Afzal (1967) 19 DLR (SC) 369. Lawyers Involved: K.A., Bakr, Attorney-General with Abdul Wadud Bhuiyan, Assistant Attorney-Gene..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......¦..……Petitioner
Vs.
Secretary, MinisÂtry of Cabinet Affairs, EstablisÂhment Division, Government of Bangladesh & others……………Respondents
Judgment
March 9, 1978.
Lawyers Involved:
Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday..
Category: Employment/Service Law | Date: | Hits: 72
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......Hossain CJ Fazl Munim J Ruhul Islam J Controller of the Customs and ors…………..Appellants Vs. Shamsur Rahman……………Respondent Judgment February 22, 1978. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General, instructed by A.W. Mullick, Advo..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
....ticipated in various illegal activities. Further, it is mentioned that the detenu being the General Secretary of Serajgonj Sub-divisional Jatio Samajtantric Dal, vehemently criticised the fundamental principles of the Government of Bangladesh established by law. 2. After the prescribed period un...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......rown PLD 1954 (FC) 1; Basanta Chandra Ghose Vs. Emperor, AIR 1945 FC 18; Narayan Singh Nathuram Vs. State of Punjab, AIR 1952 (SC) 106; Ram Narayan Singh Vs. The State of Delhi, AIR 1953 (SC) 277. Lawyers Involved: Moudud Ahmed, Advocate, with Mainur Reza Chowdhury, Advocate instructed by S.S..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......tagong...........Appellant Vs. Mst. Safiya Bai..............Respondent Judgment March 31, 1978. Case Referred To- Mohori Bibi's case ILR 30 Calcutta 539 and 7 CWN (PC) 44. Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan, AdÂvocate instructed by S.S. Hoda, Advocate-on..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....ppeal was adequately explained, but the learned Judges without properly appreciating the fact and circumstances stated in the petition for condonation of delay and withÂout properly appreciating the principle enÂunciated in the case of Superintendent of CenÂtral Excise, Lyallpur Vs. Ch, Fakir Muh......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......dent. Judgment March 16, 1978. Result: The appeal is dismissed. Case Referred to- Superintendent of CenÂtral Excise, Lyallpur Vs. Ch, Fakir MuhamÂmad (1958)10 DLR (SC) 168. Lawyers Involved: Abdul Wadud Bhuiyan, Assistant Attorney-General instructed by A.W. Mailik, Adv..Category: Procedural Law | Date: | Hits: 101
....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......man, Inspecting Assistant Commissioner of Income Tax, Chittagong & others.........Appellants
Vs.
Khan Saheb Ata Mohammad Khan...........Respondent
Judgment
February 14, 1978.
Lawyers Involved:
AKM Mozammel Huq Bhuiya, AdvoÂcate, instructed by S.S. Hoda, Advocate-on-reco..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ..................................................... Petitioner Vs. Md. Nazir Hossain Patwary & others ...................Respondents Judgment May 8, 2004. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the petitioner &..Category: Property Law | Date: | Hits: 35
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......ner, Election Commission Secretariat, Sher-e-Bangla Nagar, Dhaka and others…………………..... Respondents Judgment January2, 2005. Lawyers Involved: Abdul Baset Majumder, Senior Advocate, instructed by Md. Zahirul Islam, Ad..Category: Election Law | Date: | Hits: 116
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....onspiracy by some interested quarters and both the order of dismissal of the petitioner from service as well as the order of rejection of the review petition were illegal, malafide and against the principle of natural justice; both the Tribunals erred in not giving any importance to the failure ......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......t, Govt. of the People's Republic of Bangladesh, Bangabhaban, Dhaka and others ............Respondents. Judgment May 8, 2004. Case Referred to- 42 DLR (AD) 214. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner ..Category: Administrative Law | Date: | Hits: 92
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......he Rafanama having been raised earlier, the petitioner is not entitled to challenge the same at such belated stage…………………….(5) Lawyers Involved M.G. Bhuiyan, Advocate-on-Record- For the Petitioner. Not represe..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....x parte decree, whereof the suit was filed. 12. Leave was granted to consider the contention that the High Court Division erred in holding that the  suit of the appellants was barred by principle of res-judicata in view of the ex parte decree in Title Suit No.860 of 1981, that in view ...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......Vs. East Bengal Commercial Bank Ltd. and another AIR I960, Calcutta, 309. Ananta Kumar Bepari vs. Jamini Mohan Das and others 4 DLR, 487. Chapala Sundari Devi vs. Wahed Ali and others 11 DLR, 376. Lawyers Involved: Jainal Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-R..Category: Property Law | Date: | Hits: 38
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