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Managing Com­mittee N.M.C. Model High School & ors. Vs. Obaidur Rahman Chowdhury & others, 1978, 7 CLC (AD)

....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 authorities propounding the principle underlying the Rule. 2. Facts are that the plaintiff-respondent, who is the contiguous owner of a land to that ......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

Unimarine S. A. Pa­nama Vs. Bangladesh, 1977, 6 CLC (AD)

....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)

.... 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, instruc­ted 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. ......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 Lab­our Court, Chittagong, 1977, 6 CLC (AD)

....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the peti­tion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ....... Chairman Lab­our 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. ......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)

....aim he is en­titled to. 15. On perusal of the decision in the case of Makhanlal Nag Vs. Reajuddin Sepai (1961) 13 DLR 323 cited by Mr. Khandker it appears that the question of application of the Rule of partial pre-emption barring the right was considered in a case under section 96 of the Act w......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)

.... Officer and the Sessions Judge, Khulna. At this stage two separate applications under section 561A of the Code of Criminal Procedure were moved before the High Court for quashing the proceedings and Rules were issued. The applications were opposed by the State by filing counter-affidavits affirmed ......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

Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

....wn and the Writ petition was dismissed. 3. Mr. Fazlul Karim, learned Counsel appearing for the petitioner has urged before us two of the four grounds. First, is that there was non-compliance with Rule 7(1)(2) and (3) framed under Presidential Order No.67 of 1972 and the second ground is that in ......¦..……Petitioner Vs. Secretary, Minis­try of Cabinet Affairs, Establis­hment 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. ......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 Bangla­desh and other, 1979, 8 CLC (AD)

....e detaining authority or whether it means suspected on grounds which are in fact reasonable. No specific answer was, however, given to the said ques­tion, as the judgment was rested on the view that Rule 26 of the Defence of India Rules, under which the impugned order of detention was made having f......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

Moyezuddin and another Vs. State, 1977, 6 CLC (AD)

.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......lants Vs. The State................................Respondent Judgment December 7, 1977. Cases Referred to- Adalat Vs. The Crown, 41 956; 8 DLR (FC) 69, PLD 1956 (FC) 171. Lawyers Involved: Khandaker Mahbubuddin Ahmad, Advocate instructed by A. Rab-11, Advocate-on-Rec..

Category: Criminal Law | Date: | Hits: 41

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. ......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, Ad­vocate instructed by S.S. Hoda, Advocate-on..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)

....te-on- Record - For the Appellant. Ex-parte - For the Respondent. Civil Appeal No. 139 of 1977. On appeal from the judgment and order dated July 26, 1970 passed by the High Court in Civil Rule No.729(f) of 1970. Judgment Rahul Islam J.- This appeal by special leave is from the ju......dent. Judgment March 16, 1978. Result: The appeal is dismissed. Case Referred to- Superintendent of Cen­tral Excise, Lyallpur Vs. Ch, Fakir Muham­mad (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

Chair­man, Inspecting Assistant Commissioner of Income Tax Vs. Khan Saheb Ata Md. Khan, 1978, 7 CLC (AD)

....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, Advo­cate, 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)

....n for leave to appeal is directed against the judgment and order dated   17.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No. 2542 of 2000 discharging the Rule. 3. Short facts are that the Opposite Party No. 1 instituted Miscellaneous Case No.2 o..................................................... 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

Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)

.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......resent: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayum, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-o..

Category: Property Law | Date: | Hits: 24

Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)

....ad has fallen vacant as the petitioner was declared disqualified to hold the post for being a defaulter of bank loan in Writ Petition No.455 of 2003 by High Court Division and in the circumstances Rule 9(3) of the Union Parishad (Election) Rules, 1983 mandates holding of by election for the offi......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)

....ssal but receiving no response he filed Writ Petition No. 396 of 1989 before the High Court Division challenging the impugned order of dismissal from the service and by order dated 30.10.1991' the Rule was made absolute directing the Principal Secretary to the President of Bangladesh to form a f......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)

.... the instance of the defendant-petitioner arises out of the judgment and order dated 19.1.2002 passed by a Single Bench of the High Court Division in Civil Revision No. 1178 of 1990 discharging the Rule and thereby affirming the judgment and order dated 6.1.1990 passed by learned Subordinate Jud......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