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Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......rangement. Subsequently this arrangement was approved by the Pro-Vice Chancellor and the Vice-Chancellor of the University. The students of the relevant session were awarded marks in Paper VIII(A) in terms of the decision of the Academic Committee and the result of the examination was published and ......Jurisdiction) Present: S. M. Mohsen Ali J A. T. M. Afzal J Badrunnessa..........................................Petitioner Vs. Vice-Chancellor, University of Dacca and others....................Respondents Judgment April 13, 1978. Result: The R..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
.... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ......ntiffs. Order 6 rule 17 of the Code reads as follows: “The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of d...... High Court Division (Civil Revisional Jurisdiction) Present: Abdur Rahman Chowdhury J Haji Nurul Islam.........................................Petitioner Vs. Ashraf Ali and others..................................Opposite Party Judgment April 7, 1978. R..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......at without compliance with the provision of sub-section (3) of section MS Cr.P.C. regarding service of notice; a Magistrate is not empowered to past an order of attachment of the disputed property in terms of the 2nd proviso to sub-section (4) of section 143 Cr.P.C. 22. In a subsequen......bsp; ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......at without compliance with the provision of sub-section (3) of section MS Cr.P.C. regarding service of notice; a Magistrate is not empowered to past an order of attachment of the disputed property in terms of the 2nd proviso to sub-section (4) of section 143 Cr.P.C. 22. In a subsequen......bsp; ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ......d that the principle of holding over has been applied by way of anology. The right of holding over, unless conferred by a statute, can not be implied or inferred by anology. Long five years after the terms of the borga kabuliyat expired, the C.S. Khatian was published on 6-9-25. The assumption of th...... Result: The appeal is allowed. Cases Referred To- Kumir Mondal Vs. Pramatha Nath Chowdhury (1962), 14 DLR 801; Alimuddin Munshi Vs. Mainuddin Talukdar (1962) 14 DLR 725; Kumir Mondal and ors Vs. Pramatha Nath Chowdhury and ors (1962) 14 DLR 801; 17 DLR (SC) at 392; Aminuddin Biswas ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......8. Proviso (2) to section 92 reads as follows: “The existence of any separate oral agreement as to any matter on which a document is silent and which is not inconsistent with its terms may be proved. In considering whether or not the proviso applies, the court shall have regard ...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
...., any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......erning Body of the Council for general direction and superintendence of the affairs of the Council including the administration of its fund. Officers and employees will be appointed by the Council on terms and conditions to be determined by if, but appointment of senior officers is subject to Govern......(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.……&hell..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
....ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
......l Haque Bhuiyan, the learned Advocate what are exempted from the payment of Sales Tax are given under Section4 and he has referred to Clause (b) of Section 4 which are in the following terms:
“Notwithstanding anything contained in section 3, the tax shall not be payabl..................Respondent
Judgment
February 17, 1978.
Result:
The application is rejected.
Lawyers Involved:
Mozammel Hoque Bhuiyan—For applicant.
Rafiqul Haque and T. Islam—For Respondent.
Application No. 169 of 1972.
Judgment
K. M. Subha..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......uestion of fact which has to be decided on evidence in the suit itself. Reference in this connection may be made to article 107 of the articles of association of the Company which is in the following terms: “107. The business of the Company shall be carried on by the Managing Director, su......sion (Civil Appellate Jurisdiction) Present: K.M. Subhan J Abdul Momith Chowdhury J Shnmsul Huda....................................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Result: The appe..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
....e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ......g Vs. The Consolidated Tea and Lands Co. Ltd., in 1977 Bangladesh Tax Decisions page 212. The Division Bench of this Court to which one of us was a party answered the question of law in the following terms: “In the facts and circumstances of the case, the Tribunal was justified in affirmi......K.M. Sobhan J Abdul Momith Choudhury J Commissioner of Income Tax, Chittagong……………………Applicant Vs. Consolidated Tea & Lands Co. Ltd..........................Respondents Judgment February 16, 1978. Result..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ......from November 30, 1972 as a fresh entrant and that the over payment for the period from 19-2-72 to 29-11-72 was ordered to be recovered from him. The impugned order was purported to have been made in terms of the decision contained in the order dated 29.6.76 of the Ministry of Communications (Railwa......ction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Mahboob Morshed………………………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. Result: The ru..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......under clause (a) or clause (b) the Registrar shall afford to any person likely to be affected adversely by such order, an opportunity of being heard.” 7. Section 135 has used the terms "review" and "revision" as if they are synonymous. In the marginal note th......rator under section 87 of the Act. 2. Facts of the case briefly stated are that the petitioner, M/S Progoti Khudra Babashayee Samabaya Samity Limited, a registered Co-operative Society and a member of respondent No. 2, Brahmanbaria Thana Central Co-operative Association Ltd. which is ..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
....egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......s, as referred to above before the Labour Court Chittagong under section 34 of the Ordinance claiming enforcement of certain rights which they alleged were guaranteed and secured to them in terms of an Office Memorandum dated 18th May, 1974 (Annexure 'A') of the Ministry of Finance......sion (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M.H. Rahman J Manager, Azizuddin Industries Ltd.………..Petitioner Vs. Abdus Satter and another………………..Respondents Judgment January ..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ......gainst principal defendant Nos. 1-6. The present application has been filed on behalf of the defendant Nos.1, 2 and 3 for staying the proceedings of the suit and for directing the plaintiff to act in terms of the Arbitration Clause as stipulated in the charter party. The plaintiff has contested the ......Court Division (Admiralty Jurisdiction) Present: Abdur Rahman Chowdhury J Abu Bakr Siddique..........................................Plaintiff Vs. M.V. Aghia Thalassini and others.....................Defendants Judgment December 20, 1977. Result: Th..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......same is challenged. The nature of revocation proceeding is in the nature of challenge to the will or the probate or the proceedings as the case may be. In the circumstances, the District Delegate, in terms of the statute, is not authorised in law to entertain or to proceed with an application for re......e is also Reported in: 31 DLR (HCD) (1979) 97 ..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......evident from the absence of the accused in the trial. But in the case of bond for keeping the peace, the Magistrate cannot act unless satisfied on proof furnished before him that a breach of the terms of the bond has been committed. Before an order of forfeiture of the band is passed it is nece...... is also Reported in: 30 DLR (HCD) (1978) 166. ..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
....tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
......ts contested the suit asserting, inter alia, that the plaintiff was appointed on a temporary basis subject to police verification as to his antecedents and his service was terminated according to the terms of the contract; there was only one police verification and that was against the plaintiff; th......of Bangladesh.............................Respondent
Judgment
December 2, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Abdus Sabur Khan Vs. Karachi University and another (1966)) 18 DLR (SC) 422; University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; Ban..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......rder as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ...... while the Landlord denied the right of tenancy but asserted that simply a right of licence only was given for a certain period on certain conditions and the licensee having failed to comply with the terms of the licence, the plaintiff landlord instituted, the suit for eviction about two years befor......) Present: Siddique Ahmed Chowdhury J Aftab Mia…………………………….................Petitioner Vs. Wahab Ali and others……………..................Opposite parties Judgment ..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ......a Devi and others, reported in A. I.R. 1948 Cal. 77, Harries CJ. in course of pre eruption .proceeding under section 26-F of the Bengal Tenancy Act, held : “Order 9 r. 9. in terms is confined to suits and on the face of it the order would have no application to a proceeding......lso Reported in: 31 DLR (HCD) (1979) 407 ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
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