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Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......money on the date fixed by the court. 4. The learned Munsif by his order dated 15-8-67 rejected the said application on the view that the suit having been dismissed as per order dated 19-4-67 in terms of the judgment dated 3-4-67 there was nothing for that court to do. 5. The present petit...... This Case is also Reported in: 27 DLR (HCD) (1975) 232. ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
....act that the Bank had an alternative remedy of appeal under the Industrial Relations Ordinance, 1969 and that not having been availed of, this Court will refuse to entertain a writ petition under its extraordinary Constitutional Jurisdiction.
20. Mr. Hossain, in reply, has submitted that the ex......tly dismissed from his service by an order dated 14.11.70. It was also ordered that the period between 12.4.67 and 14.11.70, on which date he was suspended should also be treated as his punishment in terms of Rule 39(f) of the Staff Service Rules. Against this order the Employee went to the Labor Co......
In the matter of an application under Article 98 of the late Constitution of the Islamic Republic of Pakistan, 1962 read with Article 5 of the Proclamation of Martial Law dated 25th of March, 1969 and Article 62; of the Provisional Constitutional Order dated the 4th of April. 1969.
Judgment
..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163 ...... case the Thana Magistrate having approved the proposal contained in the report of the Enquiring Officer and having had sufficient materials in support thereof ought to have passed the order in clear terms either allowing the prayer of the applicant. Respondent No. 2 or rejecting it. However the app......y of Information, Dacca……………………………Respondents Judgment March, 20, 1973. Result: the Rule is discharged and the order of stay is vacated. Case Referred to- M. Noman Vs. Dacca Improvement Trust a..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
.... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159 ...... 1368 B.S. corresponding to 28th June, 1961. Thereafter the plaintiffs paid Rs. 1,750/- to the original vendor out of Rs. 3,000/- and the balance of Rs 1230 was offered to the vendee according to the terms of the agreement and demanded reconveyance but the original vendee refused to reconvey the sui......urt Division (Civil Appellate Jurisdiction) Present: Ruhul Islam J Seru Mia…………………Defendant-Appellant Vs. Fajilatennessa and others.…………Defendant-Appellant Judgment January 8, 1973 ..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
....s. The suit is pending for a long time. It may be disposed of as expeditiously as possible.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 158.
......en instituted through bona fide mistake and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as the Court thinks just. The principle underlying this rule may be applied in the instant cas......nst an order dated 2-3-76 passed by Mr. M. H. Rashid, Subordinate, 1st Court, Dacca in Money Suit No. 7 of 1968 rejecting the contention of the defendant petitioner that the suit was not maintainable and that the Small Industries Corporation has no lawful authority to institute the suit and to proce..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ......nbsp; as referred to above. 9. The decision of the trial Court as to the nature of the document also does not appear to be correct inasmuch as the deed of agreement, as will appear from the terms quoted above, prima fade, is an agreement for sale of the Tea Estate for a certain consid......visional Jurisdiction) Present: A. M. Sayem CJ D. C. Bhattacharya J Mrs. June Ferguson & others.............................Petitioners Vs. Ameenur Rasheed Chaudhury and others..........Opposite Parties Judgment July 5, 1972. Result: The rule is ..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
....le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ......derlining is mine). Section 43 lays down that in the case of any Waqf of which there is no mutwalli or where there appears to the Administrator to be an impediment to the appointment of a mutwalli in terms of the deed or Waqf or where the successor to the office of Mutwalli is a minor, a person of u......sed in Misc. Case No.262/66 by Mr. M Islam, Dist. Judge, Chittagong rejecting the prayer of the petitioner. Yar Ali Khan Chowdhury for examination of two witnesses namely, one Mr. Anwar Ali Chowdhury and one Mr. OR Nizam (who is since reported to be dead) on commission and issuing notice under Order..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
.... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ......e to me how it can be said that there has been a non-compliance of the provision of sub-section (1) of section 107 Cr.P.C. by the learned Sub-divisional Magistrate, by reason of his failure to say in terms of the section that he was of the opinion that there was sufficient ground for proceeding unde......leted. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ...... sale on 15.12.2000 on receipt of Tk.15,000/- out of Tk.50,000/- but the defendant No.3, Khandoker Md. Fazle Elahi on various pretext did not come forward to execute and register the sale deed as per terms of bainapatro; that the plaintiff lastly on 15.5.2003 requested the defendants for execution a......13) 58. ..Category: Evidence Law | Date: | Hits: 6
Moklesur Rahman & others Vs. State & others, 1983, 12 CLC (HCD)
....the court concerned immediately for early disposal of the present case. Amin-ur-Rahman Khan J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 174 ......nguage of subsection 4 of section 339C it is clear that a specified time has been given and a consequence which will follow for noncompliance of specified time has also been stated in clear terms in sub-section (4). Subsection (4) clearly says that if the trial cannot be conclude within sp..............Petitioner Vs. State & others..............................Opposite Parties Judgment November 7, 1983. Result: The Rule is discharged. Section 339C and 35(c) in relation to restoring the original Sessions Case to its file and number setting aside t..Category: Criminal Law, Procedural Law | Date: | Hits: 1
.... is discharged. We, however, make no order as to costs.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 481
......e staff was invited by the Chittagong Port Trust to exercise their option to be absorbed in the Port Trust and they were assured that they would, upon exercise of such option, be absorbed on the same terms and conditions as those who originally opted for the Port Trust. The Circular No. 25 dated 30-......
Present:
Fazle Munim J
Shahabuddin Ahmed J
Md. Siddiqur Rahman, Acctt/Funds & Claims & others..........Petitioners
Vs.
The Board of Trustees, Port of Chittagong, and others..........Respondents
Judgment
March 25, 1975
Result:
The Rule is disc..
Category: Administrative Law | Date: | Hits: 1
....mature stage.
Accordingly, the Rule in this petition should be discharged for the reasons stated herein before.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 602
......f the Society is formed.
It is also order that Mr. Akbar Kabir, the existing Executive Director of the Bangladesh National Society for the Blind shall continue to function as such under the same terms and conditions as before.
Sd/- (Illegible)
(A.M. Mozammel Hossain)
26-7-73
......of Governors,
Bangladesh National Society for the Blind…………Petitioner
Vs.
Bangladesh and others……………………………&h..
Category: Constitutional Law | Date: | Hits: 2
Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)
....order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296. ......me, the father of the petitioner having died, the petitioner entered appearance before the execution court and executed a solenama with respondent No. 2 resulting in a solenama-decree on 15-2-1995 in terms of the said solenama. However, the petitioner having failed to repay the loan as per the terms......zmun Ara Sultana J Sheikh Hasan Arif J Abdul Mukid (Md.)……………….............................. Appellants Vs. Artha Rin Adalat, Khulna and another…………………Respondents Judgment Ap..Category: Others | Date: | Hits: 3
....y order as to cost.
The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 103.
......in question was explained to plaintiff since dead and that she understood the import of the transaction. Thus the burden to prove that pardanashin woman had full knowledge and comprehension about the terms of disposition and that it was her mental act and this burden unless is discharged by person w......on)
Present:
Syed Fazle Ahmed J
Abdul Mannan Shah & others........................................Petitioners
Vs.
Kafiran Nessa being dead her heirs: Md. Abdul Gofur Shah and others ……………Opposite‑Parties
Judgment
August 5, 1..
Category: Evidence Law | Date: | Hits: 7
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ......an these provisions, we find that under one registration certificate different business can be done but the rate of VAT may be different and the said rate can only be fixed by gazette notification in terms of section 5(4) of the Act. We also find as evidenced by Annexure -'D'(SRO No.173 dated 10-6-2...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Zastat Limited…………………………..Petitioner Vs. Customs Excise and VAT Appellate Tribunal and others…………………Respondents Judgment January 31, 201..Category: Fiscal/Taxation Law | Date: | Hits: 40
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......ction to pass orders to secure the ends of justice and for that purpose the High Court is competent to entertain applications not provided by the Code. However, it must be clearly understood that the terms of Section 561A of the Code do not extend the jurisdiction of the High Court to matters which ...... Case is also Reported in: 13 MLR (HCD) (2008) 261. ..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....uit reversing and setting aside the Judgment and decree of the trial Court, found that D.W.1 himself admitted in his cross examination that the School Committee in its meeting dated 20-4-1997 granted extraordinary leave for 2 years to the plaintiff from 1-5-1997 to 30-4-1999 under Article 21 of the ......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ...... (2008) 63. ..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......ncelled the aforesaid contract on 15-10-1993. The work of construction of the Equipment Workshop and Garage was completed and accordingly respondent issued completion certificate on 5-12-1990. As per terms of contract the respondents were to supply construction materials from the store at the depart...... Vs. Bangladesh & others……………………Respondents Judgment April 11, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Water Development Board and others Vs. Golam Rabbani Khan and others, in Civil petition for Leave to Appeal No.1354 of 2006;..Category: Alternative Dispute Resolution | Date: | Hits: 96
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......power conferred by sub-rule (1) of Rule 82 an order called the Enemy Property (Custody and Registration) Order, 1965 was made on the 9th September, 1965 Paragraph 4 of this Order was in the following terms:- "4(1). Whenever by order (emphasis added) made under sub-rule (1) of Rule 182, the proper...... September 17, 1986. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493; Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dulichand Omraolal Vs. Bangladesh, 33 DLR (AD)...Category: Property Law | Date: | Hits: 64
....
In the result, the appeal is dismissed and the Rule is discharged without any order as to costs.
Chowdhury ATM Masud J.- I agree.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 293.
...... in the mails give 30 days' notice of the change of the price of gas. The consumers might elect to terminate the contract at the end of such period. But the defendant company, in contravention of the terms of the contract has, without giving 30 days' notice a« required, increased the rate of gas to......ppellate Jurisdiction)
Present:
Chowdhury ATM Masud J
Md. Altaf Hossain J
Jupiter Glass Industries Ltd. & others……………………Appellants
Vs.
Titas Gas Transmission and Distribution Co. Ltd. & another……………………Respondent
Judgment
January 22,..
Category: Civil Law | Date: | Hits: 124
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