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Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)

....nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561       ......nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561       ..

Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2

Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)

....tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550   ......lved: Abdul Hye Choudhury with Shah Mohammad Sharif and Mohammad Ayub, Advocates- For the Petitioner Sirajul Huq with M.A. Baqui Mallik, Advocates - For addition of party Petition No. 199 of 1975 Judgment Fazle Munim J. - In this petition under Article&n..

Category: Administrative Law | Date: 14 Aug, 1975 | Hits: 1

M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)

....or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76.  ......controversy over again. That being the position we are required to consider the true import of S. 73 of the Contract Act. It may set out:— "73. When a contract has been broken, the party who, suffers by such breach is entitled to receive, from the party who has broken the contrac..

Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240

The College of Music Vs. Secy. Revenue Depart¬ment, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others, 1975, 4 CLC (HCD)

....s order. In the result the rule is discharged without any order as to cost. Shahabuddin Ahmed J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 487   ......sition u/s. 4A(2) of the Act. Section 4A (2) provides as follows: “(2) The Provincial Government may, at any time, either on its own motion or on application by an aggrieved party, revise any order passed by the Deputy Commissioner under section 3, where no appeal has ..

Category: Property Law | Date: 30 Jul, 1975 | Hits: 3

Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)

....or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed.   This Case is also Reported in: 27 DLR (HCD) (1975) 655.   ......and that the question of limitation is to be decided by the Division Bench considering the appeal, if leave is granted. 3. Mr. T.H. Khan, the learned Advocate appearing on behalf of the opposite party has submitted that application for leave must be filed before the expiry of the period of limi..

Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2

Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)

....rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594    ......ay be referred to. In the instant case there was no finding by the Tribunal to this effect and it appears that the Pleader Commissioner was appointed for recounting ballot papers at the instance of a party to the election-petition in spite of serious objection by the other party. Under Election Rule..

Category: Election Law | Date: 7 Jul, 1975 | Hits: 3

Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)

.... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683   ......p;………………Petitioners Vs. Maniruzzaman…………………………………...Opposite party Judgment July 1, 1975 Result: The Rule is discharged. Cases Referred ..

Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1

Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)

....e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563         ......lip;………Petitioner Vs. Md. Mafizuddin, Clerk under Chief Superinten­dent, Watch and Ward, P.E. Railway………………..Opposite party Judgment May 30, 1975. Result: The rule in Civil Revision No. 1423 of 1970..

Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1

Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)

.... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490.       ......72: According to him there was no decision by the Board of Directors about the placing of the audited balance-sheet on 31-12-73 and then he has stated that he objected to this, decision and was not a party to it and the decision was ultra vires and illegal. The injunction that he obtained in the sui..

Category: Corporate Law | Date: 20 May, 1975 | Hits: 2

Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908

....t of East Pakistan as well as by the contractor, Defendant No. 2, by filing separate written statements. 4. Defendant No. 2 stated in his written statement that the suit was not maintainable for defect of parties inasmuch as M/s. Abdul Mutalib and sons was not a proprietary concern of Defendant...... that the Contractor was a partnership firm which was not originally impleaded in the plaint but objection having been taken as to the defect of parties, the partnership firm was brought on record as party Defendant No. 3 on 6.5.60 for the first time which was beyond the prescribed period of limitat..

Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5

Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)

....espondent, relied on the following observations of Lopes J. in the case of Farquharson Vs. Morgan, reported in Queen's Beach Division (1), 1894, 552 at page 558 :- “Where, however, the defect is not apparent, and depends on some fact in the knowledge of the applicant which he had an o......f the respondent No. 2 never made any application for restoration of possession before the Arbitration Court the finding of the Court of Tribunal Judge that as the petitioner did not implied him as a party, the appeal was incompetent was wrong. 7. Of these three contentions, the first was argue..

Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2

Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)

....ble. The learned Subordinate Judge has decided the question on the view that the Arbitration (Protocol and Convention) Act, 1937 has been continued in force as a valid law in the country and whatever defect had been found by the Supreme Court of Pakistan in the case of Messrs. Yangteza Ltd, Vs. Mess......f two Awards dated 19. 6. 68 and 15. 8. 68 respectively passed by an Arbitrator in London. 3. These applications were resisted, by the petitioner denying the material allegations of the opposite party and praying for dismissal of the suits on the ground, inter alia, that the said awards were no..

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   ......ad Hossain Superimposed the map, Ext. G(II) as directed and the map, report, field book etc. submitted by Mr. Amjad Hossain was accepted without any objection. 7. At the time of hearing, neither party adduced any oral evidence. The learned Subordinate Judge has disposed of the case by passing a..

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     ......to auction sale but, we are, in this revisional case, concerned with this case. During the pendency of this case, the liberation war started, and on 15.5.71, the date fixed for decree-holder opposite party to file objection, the case was dismissed for default for the non-appearance of the judgment-d..

Category: Property Law | Date: 11 Apr, 1975 | Hits: 4

Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)

....d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476       ......ounting of votes cast at that particular station after excluding 130 spurious votes may be detained, it cannot be, in our opinion be said, that- the constitutional remedy is not open to the aggrieved party, on account of the existence of an alternative remedy by way of an election petition, because ..

Category: Election Law | Date: 4 Apr, 1975 | Hits: 2

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. ......his nature is not capable of any objective valuation, and as such the valuation put by the plaintiff must be accepted. We are no inclined to accept the contention of the learned Advocate for the Opp. party. 7. As regards the second contention of Mr. Khondker the decision in the case of Mt. Sush..

Category: Property Law | Date: 5 Mar, 1975 | Hits: 2

Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)

....rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541     ...... appearing on behalf of the respondent has urged, relying upon the case reported in 17 D.L.R. (S.C.) 103 and several decisions of Supreme Court of India that the plea of resjudicata is available to a party in a subsequent suit with regard to a finding in an earlier writ petition, Mr. B.N. Chowdhury ..

Category: Civil Law | Date: 31 Jan, 1975 | 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: ......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 representative of either party to a dispute intentionally refuses to give advice in spite of request. (ii) Whether afte..

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 ......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)

....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   ...... 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 25.1.84 in Misc..

Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1