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Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ...... Kunja Mohan Dev who was a monthly tenant gave up its possession in his favor. The said Kunja Mohan Dev is no other than the father of the respondent No. 2, Anil Chandra Dev, who filed an application to the S. D. O. (N) Chittagong, alleging that the petitioner forcibly turned him out of the shop on ......ent No. 2 prayed for recovery of the property in question. 3. The petitioner filed a written objection wherein he stated that the respondent No. 2 had given up the claim to the said premises and granted him receipt therefor and had filed a petition in the Court of S.D.O. to that effect on 22.9...Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ......ed Nazrul Islam shall be the Vice-President of the Republic and that the President shall be the Supreme Commander of all the Armed Forces of the Republic, shall have all the Executive and legislative powers of the Republic including the power to grant pardon * * * We the elected representa......Division (Civil Revisional Jurisdiction) Present: D.C. Bhattacharya J S. M. Mohsen Ali J Messrs. Haji Azam………….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment April 23, 1975. R...... the Republic and that the President shall be the Supreme Commander of all the Armed Forces of the Republic, shall have all the Executive and legislative powers of the Republic including the power to grant pardon * * * We the elected representatives of the people of Bangladesh do further r..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ......ishore Prasad, J in delivering the judgment of the Bench has expressed this view in the following manner: “If a Bench of the High Court remands a case to the lower Court under its inherent powers, the matters finally disposed of by the order of remand cannot, any of them, be reopened, whe......ellip;........Appellant 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; Su......st the rest on 13.9.47. Of the said decree, the title of the plaintiffs and the co-plaintiffs to the lands of the whole of the dispute char excepting a certain portion was declared and they were also granted a decree for khas possession of the same. The learned Subordinate held, in course of his jud..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ...... there has not been any substitution and also, that he entertains doubt on Sonali Bank being a successor to the National Bank of Pakistan he has consciously refrained from praying for substitution. A power was filed strangely enough in the name of National Bank of Bangladesh, which, obviously, is no......Sunil Kumar Basu & others………………….Opposite Parties Judgment April 11, 1975. Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muh......ing |he stay order obtained earlier by the judgment-debtor on 31.8.70.: by the same, order the sale was confirmed. The other relevant orders calling attention are that on 27.5.71 sale-certificate was granted to the auction Purchaser; on 31.5.71 order for |he issue of writ of delivery of possession w..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......es. 3. Mr. Khondker has raised two points, the first is that the plaintiffs were in substance, challenging an action taken by the Government purported to have been exercised under some statutory power to be null and void, and inconsequence thereof he has prayed for injunction as the consequenti......etitioner Vs. Bangladesh and others.......................................Opposite parties Judgment March 5, 1974. Result: The rule is made absolute. Cases Referred to- Kumudini Welfare Trust of Bengal Ltd. (1959) 11 DLR 57; Md. Yasin (1974) 26 DLR 82;Mt. Sush......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ..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)
....uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......he appellant-auction purchaser and Mr. Hye for the respondent-objector. The contentions will be considered as we proceed to deal with the two questions set out above. On the first question as to the power of the High Court in revision to interÂfere with the decision of the court below, it is to be......€¦...Appellant Vs. Obaidul Huq Chowdhury and others…………..Respondents Judgment February 5, 1975. Result: The appeal is allowed. Cases Referred to- Raja Amir Hassan Khan Vs. Sheo Baksha Singh II IA. 237; Balakrishna Udayar Vs. Vasudeva Aiy......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ......t Vs. M/s. Lucky Biri Company.................................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 V......that in truth the business was being earned on by the wife and Kerr for the defendant, or by the defendant through his wife for Kerr, I certainly should not hesitate to draw that con- elusion, and to grant the plaintiff relief accordingly." Upon this a conclusion was drawn by the noble lord of ..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
.... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......found out from the words actually used by the law maker in the statute. If the literal rule of interpretation leads is to some kind of inconsistency or absurdity or injustice, the court has certainly power to modify the language of the statutory provision in order to bring it in accord with the legi......fth now Bangladesh Court of the Subordinate Judge, Dacca in Title Suit' No.7 of 1960, which the Appellant brought against the East Pakistan Provincial Cooperative Bank Limited (hereafter referred to as the Bank.) for a declaration that the sale of the goods which were placed as security for the ......d been settled the plaintiff signed in good faith contract lien forms and pro-notes from time to time in connection with his business. It has subsequently transpired that over draft accommodation was granted up to Rs. 25,000/00 at 9%interest per annum with monthly rests, which was a fraudulent inser..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)
....e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ......e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ......ts. Mahbubur Rahman, Advocate, instructed by S.S. Hoda, Advocte-on-Record-For the Respondent No.1. Criminal Appeal No.31 of 1974. (Arising out of Criminal Petition for Special Leave to Appeal No.56 of 1974.) Judgment Ahsanuddin Choudhury J. - This appeal by special leav......r that Kanchan Mian might be murdered. The appellants were produced under arrest before the sub-divisional magistrate (south), Chittagong on 15.7.73 and remanded to Hajat, but on 26.7.73 they were granted town bail by the said Magistrate. Thereafter on 28.7.75 Respondent No.1 moved the Sessions ..Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237. ......ant Sessions Judge. The learned Assistant Sessions Judge analogously heard all the appeals and While allowing the appeal as we have already seen he took cognizance in all the cases in exercise of his power as Special Judge and started special Case Nos. 2 to 9/70. 4. In these rules mainly it has......al Revisional Jurisdiction) Present: K. M. Subhan J S. M. Mohsen Ali J Abdul Wadud Sikder and others....................Petitioners (In C.R. No.176 of 1970) and (In C.R. Nos. 202 to 208 of 1970) Vs. State.........................................Opposite parties (In all......period of over two years. It would be highly unfair to him if he is allowed to be retried in order to enable the prosecution to fill the gaps in the prosecution case. We are not therefore prepared to grant the prayer made on behalf of the Crown at this stage” 9. In this view of the matter..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)
....tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ......r issued under the corresponding provision of this Act " 15. It is to be noted that under section 42 of the Labour Disputes Act, 1965 the legislature conferred upon the Government the power to make rules for carrying into effect the purpose of the Act. The relevant portion of s......t aside. The award made by the learned Chairman directing the re-instatement of Aminul Islam is also set aside. The order terminating the services of Aminul Islam holds good. Cases Referred to- East Pakistan Aluminum and Iron Manufacturing Co. Vs Chairman Industrial Court Dacca, 16 DL...... the Labour Court for retrial. 9. Both the parties obtained Special Leave to Appeal against the judgement and order of the High Court, and hence these appeals. Special Leave to Appeal was granted to consider: (i) Whether an award made by a Labour Court is vitiated, if the represent..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......r, s/o Attar Ali of Niz Mohammadpur, P.S. Beanibazar, Dist. Sylhet from doing prejudicial acts, it is necessary to make an order for the purpose of detention.; NOW, THEREFORE, in exercise of the power conferred by clause (a) of sub-section (1) of section 17 of the Public Safety Ordina......ellip;………………………Opposite Party Judgment March 8, 1974. Result: The Rule is made absolute, Allowed Case Referred to- (1967) 19 DLR (SC) 403-Golam Jilani Vs. The Government of West Pakistan, P.L.D. 1967 ......able why the D.I.G. Prisons, choose to be discreetly silent about the petitioner's position during the period beginning from 6-9-73 the date on which the order of releasing the petitioner on bail granted by the learned Sessions Judge was communicated to him till the order of detention passed on ..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 ...... by its order dated 28.11.83 directed the pre-emptor Zahir Ahmed Shah to remain present in the court on 1.12.83, the day of pre-emptory hearing. On behalf of the pre-emptor Zahir Ahmed bhah a special power of Attorney given to Jogesh Chandra Nath was filed in this preemption case. Purchaser pet......rim—For the petitioner. An application under section 115 (1) of the Civil 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......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 ..Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....ance which remained in force during the stated period. 53. The learned Advocate has also submitted that, after all, the power that this Court exercises under section 115 C.P.C. is only discretionary and it should not be exercised in this case in view of the fact that some gross injust......ourt did not contemplate and, in my opinion, could not contemplate the staying, of operation of the declaration of law as given by the High Court in their judgment. The Supreme Court has no doubt the power to set aside the judgment of the High Court in a proper proceeding and giving a different enun......................Petitioner Vs. Kashem Ali Maloo..............................Opposite Party Judgment January 22, 1974. Result: Rule is made absolute. Cases Referred to- Chittaranjan Sutar Vs. Secy. Judicial Department, 17 DLR 451;State Vs. Dosso, 11 DLR (...... of a High Court can be considered to be final when either that Court has certified the case to be a fit one for appeal and proceedings for appeal have been taken or when the Supreme Court itself has granted special leave to appeal from that judgment, order or writ.” 10. It is to be point..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 ......ereof whereon ten or more workers are working or were working on any day of the preceding twelve months and in any part of which a manufacturing process is being carried on with or without the aid of power.." 7. Not only a factory has been excluded from being an industrial establishment, t...... Second Labour Court of East Pakistan and others..........Respondents Judgment July 30, 1973. Result: The Rule is made absolute. Cases Referred to- J.K. Cotton Spinning & Weaving Mills Co. Ltd. Vs. Labor Appellate Tribunal of India (19...... 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 ..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
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. ......that the learned Munsif failed to exercise jurisdiction in not granting extension of time under section 148 of the Code of Civil Procedure or in the alternative, in exercise of his inherent powers under section 151of the Code for doing justice to the Party. The learned Advocate also c......ip;…………........................Opposite party Judgment July 11, 1973. Result: The rule is discharged Cases Referred to- Shah Wali Vs. Ghulam Dim, 19 DLR, S.C. 143; S.M. Yousuf and another Vs. Khandker Hafizur Ra......of revision is directed against the said order and Mr. Abdur Hamid, the learned Advocate appearing on behalf of the petitioners contends that the learned Munsif failed to exercise jurisdiction in not granting extension of time under section 148 of the Code of Civil Procedure or in the alte..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
....esire, to re agitate the matter before the Labor Court.
We make no order as to costs.
M.N. Huda J.- I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 158.
...... and (3) of the Ordinance pointed out, that there is a grave doubt if a decision given by the Labor Court under section 34, is at all appealable inasmuch as a Labor Court has been given the power to give both an award and decision; and an award has been made appealable whereas the Ordinanc......-Junior Clerk; National Bank of Pakistan, Khulna.
2. Third Lobour Court, Khulna.......Respondents
Judgment
April 9, 1973.
Result:
The Rule is made absolute
Case Referred to-
James Finlay & Company Vs. Aminul Islam, 21 D.L.R. 84
Lawyers Involved:
Asrar......esire, to re agitate the matter before the Labor Court.
We make no order as to costs.
M.N. Huda J.- I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 158.
..
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 ......tents that the Arbitration Court had no right to make such findings as he informed the Arbitration Court about his disagreement to the proceedings before it. Clause (5.) to Article 7 of P. O: 13/72 empowers the Arbitration Court to send its findings under clause (3) along with the record of the case......p;…………………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 and others,16 D.L.R. (Dacca) 537. Lawyers Involve......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 ..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
....le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ......he rent receiving interest; and since rent receiving interests were extinguished from the 1st Baisakh, 1363 B.S. i.e. 14th April, 1956 the plaintiff had no cause of action for the suit. 7. The power of attorney in favour of Abul Kasem Mollah, who executed the deed of lease and the kabala in ......: The Rule is discharged. Lawyers Involved: M. Behtar Ali, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Special Leave to Appeal No.21-D of 1971. Judgment AM Sayem CJ. - This Petition for Special Leave to App...... criminal case had already been disposed of. So the instant Rule, we failed to discover any merit in the instant Rule. In view of foregoing narrative, the Rule is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. ..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
....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.
......ion "(carry) on trade and business" as appearing in rule 181 of the Defense of Pakistan Rules and in the Notification dated 6-10-65 does not confer on the person authorized any authority or power to file any suit.
6. Mr. Shah Mohammad Sharif, the learned Advocate appearing for the opp...... 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 proceed with and continue the same.
2. The suit was filed on 19-2-......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.
..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
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