Search Options
Judgment Advanced Search
Displaying 1001-1020 of 3806 results.
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
.... 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......5.71 the Executing Court passed another order ex pane vacating |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......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 ..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....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. ......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)
....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......itle or inÂterest in the suit property. The present appliÂcation was not maintainable. Rarnjan Ali was the real purchaser and not a benamdar. 4. The learned Munsif on consideration of evidence called by the parties held that Niher Bala and Uttama Devi were the same person and that the Respond......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
....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 ......The case of Co-operative Hindusthan Bank Ltd. and another Vs. Surendra Nath De and others 36 C.W.N. 263, on which reliance was placed by Mr. Mozammel Huq in support of his contention, does not specifically deal with the question as to whether a notice of the actual sale is to be given, but the learn...... 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
..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....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......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. ......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. ..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)
....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......e attempt at conciliation having failed, the seven representative workers as the First Party filed on 8-5-67 an application under section 6 of the East Pakistan Labour Disputes Act, 1965 (hereinafter called the Act) before the Second Labour Court, Dacca against the Manager, M/s. James Finlay & C......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: ..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....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 ......cellaneous Case No. 190 of 1973. Judgment Fazle Munim J. - On an application under section 491 of the Code of Criminal Procedure by a friend of the petitioner this Rule was issued calling upon the Deputy Commissioner, Dacca to show cause why the petitioner who is alleged to be il......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 ..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)
.... 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...... 5. Rules 8 and 12 of Order 9, C.P.C. are as follows:— "8. Procedure where defendant only appears:—Where the defendant appears and the plaintiff does not appear when the suit in called on for hearing, the Court shall make an order that the suit be dismissed, unless the defendan......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)
....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 (......l right and is thus rendered inoperative so long as the fundamental right remains in force but if the fundamental right is taken away by necessary enactment, the shadow is removed and the law automatically comes into life and regains full force without and fresh legislative act. But in case of a pos......to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ..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)
....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......Shops and Establishment Act, 1965. He claimed that according to section 4 of this Act he will be allowed one and half days "consecutive holidays with full wages in a week. He therefore called upon the respondent company to revise the working hours in accordance with the aforesaid sect...... 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)
....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......time. This distinction is not without importance, for, even orders contained in decrees, which are not strictly speaking preliminary decrees, may not always be such as are intended to operate automatically without any further intervention by the court. The real test, in my view, is whether the decre......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. ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
.... 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......e Court, the proceedings of the Court may continue, and the decision or award may be given in the absence of such member; and no act, proceeding, decision or award of the Court shall be invalid or be called in question merely on the ground of such absence.”
The expression requiring interp......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)
....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......further statement of the petitioner is that on 14-7-72 he filed a petition to the Sub-Divisional Officer to transfer the case to him from the Arbitration Court whereupon the Sub-Divisional Magistrate called for the records. A copy of the entire proceeding of the Arbitration case has been annexed as ......ladesh) under Poet Jasimuddin and late Abbasuddin Ahmed who were in charge of Song Publicity Section and selected this respondent for this job. The respondent is now singer on Radio, TV and in public meetings of Bengali folk songs and had his training under poet Jasimuddin and late Abbasuddin Ahmed...Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
....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......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. ......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. ..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
....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-......l proceedings on behalf of the firm for recovery of the firm's dues, power which could have very will been exercised by the firm itself had it not become an enemy firm.
9. It has been specifically provided that provisions under rules 162 and 170 prohibiting trading with enemy or enemy firm ......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
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....aintiffs and the defendant No.1 for a cash consideration of Rs. 3,500 paid to the defendant No. 1 and was authenticated on the same date by the Notary Public, that the defendant No. 1 also executed a power-of-attorney to carry out the purpose of the said agreement, that the plaintiff entered into po.......................Petitioners Vs. Ameenur Rasheed Chaudhury and others..........Opposite Parties Judgment July 5, 1972. Result: The rule is discharged. Case Referred to- Kant Ram Sil and another Vs. Sumitra Devi and others, 16 DLR Dacca 272; Serbeshwar Das Moha......rrived at by the trial Court the appellate Judgment cannot be substaiaed in law. It is true that the learned Additional District Judge has not referred to nor specifically reversed the various findings of the trial Court but has decided the case on a different basis......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 ..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
....red Trade Union or not, has been deprived of the benefits specified in that section......."
8. The order of termination as quoted earlier shows that the management sought to exercise their power under section 19 of this Act and offered to pay his salary for ninety days in lieu of notice a......sed by the Third Labour Court, Khulna, in Complaint Case No. 101 of 1970 and prays for a declaration that the same is without jurisdiction, void and of no legal effect.
2. The facts giving rise to this petition may be stated briefly hereunder:
"The respondent No. 2 was employed as a......The Rule is accordingly, discharged. As none has appeared for the respondents, there will be no order as to costs.
Ed.
This Case is also Reported in: 24 DLR (1972) (HCD) 250
......The Rule is accordingly, discharged. As none has appeared for the respondents, there will be no order as to costs.
Ed.
This Case is also Reported in: 24 DLR (1972) (HCD) 250
..
Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181
Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
.... a ground for divorce. They have no relevance on the question of Khula divorce. 12. It is no doubt correct that this Court did, in Khurshid Bibi’s case, lay down that the Courts do possess the power to grant a Khula divorce where the husband is unwilling to dissolve the marriage even though i...... The Code of Civil Procedure, 1908 (V of 1908), section 53, Order VI, rule 17 The High Court was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissolution of marriage on the ground of cruelty and non-maintenance and ...... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appelÂlant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ...... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appelÂlant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
....Rahman Khan contended, the learned Magistrate acted beyond his jurisdiction in directing issuance of warrants of arrest against the petitioners which in his view, must have been passed in exercise of powers contained in sub-section (3) of section 117. He pointed out sub-section (3) of section 117 pe................Petitioner Vs. Tobarak Majhi......................Opposite Party Judgment September 15, 1970. Result: The Rule is discharged. Cases Referred to- Chand Shah Vs. The Crown (1956) 8 DLR (FC) 24; Md. Ishaque Vs. Nur Mahal Begum (1961) 13 D......eir lives. It cannot be said, therefore, that the learned Sub-divisional Magistrate was not justified, upon the materials before him, in being of the view that a proceeding under section 107 CrPC was called for in the circumstances of the case. 9. The second point, namely, that issuance of war......though the very petition upon which the learned Sub-divisional Magistrate passed the impugned order alleged that earlier the petitioners before me had searched for the signatories therein in a public meeting attended by them with a view to murdering them, indisputably the meeting had passed off peac..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
....ith the aforesaid discussions and observations, this Rule is disposed of.
However, there will be no order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 130
...... Masud Rumy, AAG— For Respondent No.4.
Writ Petition No. 15382 of 2012
Judgment
Mirza Hussain Haider J.— The petitioner obtained this Rule Nisi calling upon the respondents to show cause as to why the inaction/failure of the respondents to remove the Notice/Signboard put u....... Al-Amin Sarkar, DAG with KM Masud Rumy, AAG— For Respondent No.4.
Writ Petition No. 15382 of 2012
Judgment
Mirza Hussain Haider J.— The petitioner obtained this Rule Nisi calling upon the respondents to show cause as to why the inaction/failure of the respondents to remo......is a long standing practice, tradition and custom of all the "Imambaras" in the Muslim World. The respondent No. 9 also supported the statements of the respondent No. 4 regarding holding of meeting on 18-5-2003 by the local elites and the decision taken therein that no restriction be impos..
Category: Property Law | Date: | Hits: 0
93159126948950894381180923895399224923792349236923286229133971074714037149708