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Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)

....ing to do with the legislations already made and if they had been rendered invalid because of the violation of any of the fundamental rights which were in existence at the time of the enactment, that defect was not cured under the provisions of this clause. It may be noted that the Ordinance in ques...... Tk. 70.84 paisa on 6-9-65. The sale was thereafter confirmed on 3-11-65, and the delivery of possession of the auction-purchased land is said to have been taken on the 16th March, 1966, The opposite party filed an application on the 9th April, 1970 under Order 21, rule 90 of the Code of C..

Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8

Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)

....n a conjecture and thereby giving his approval to the order of dismissal of the petitioner who served the government for a pretty long time. The appellate authority's finding suffers from another defect. It is recorded: “In this connection it may be stated here that he must have paste......de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393         ..

Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1

Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)

....quot;will be dismissed". These are not: the words of automatic operation, for, they contemplate a further order dismissing the suit. but the District Judge in the appellate decree made good this defect by stating that in the event of default, the suit "will be treated as dismissed." T....... Bhattacharya J Rajendra Shirali and others ………............Petitioners Vs. Mahadev Shirali……………........................Opposite party Judgment      July 11, 1973. Result: The rule is..

Category: Contract Law | Date: 11 Jul, 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   ...... A reference to article 11 clauses (1) and (4) will show that the petitioner was under a misconception of law. Because the decision made under the provisions of the Order will not debar any aggrieved party to seek remedy in a competent Civil Court. Mr. Moinul Huq contends that one may come for relie..

Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4

Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)

....er in favour of the plaintiffs by Exhlblt-1 was not a benami transaction. Apart from this, even a benamder can maintain a suit for reconveyance in place of the principal. Therefore, I do not find any defect either procedural or legal In the Investigation of the benami as alleged by the defendant. ...... 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     ..

Category: Property Law | Date: 8 Jan, 1973 | Hits: 2

Dinajpur Industries Ltd Vs. M/s. Hardeo Glass, Alu¬minium, Enamel & Sili¬cate Works, 1972, 1 CLC (HCD)

....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. ......nt August 10, 1972. Result: The rule is discharged. Lawyers Involved: Md. Joynul Abedin—For the petitioner. Shah Md. Sharif, H.K.Abdul Hye—For the opposite party. Civil Revision Case No. 580 of 1976. Judgment M. H. Rahman J.—This rule ..

Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2

Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)

....rom interfering with or disturbing the plaintiff's possession and management of this Tea Estate in suit till the disposal of this suit. This prayer in the plaint appears, on the face of it, to be defective, to which we shall have to refer later on. 2. An application was filed along with the...... No. 1 was in search of financier for the tea estate in question, that the Abdul Quayum Chowdhury proposed to the defendant No.1 that he would be able to secure finance from his relation the opposite party No. 3 (Pla­intiff No.3) and took the defendant  No. 1 to the latter's house, on 1..

Category: Property Law | Date: 5 Jul, 1972 | Hits: 0

Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)

....eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136.   ......plaintiff is entitled to get benefit of the aforesaid decree. 9. The lower Appellate Court found fault with the plaintiff as in the present suit the plaintiff did not implead the Government as a party. The lower Appellate Court found that the Government was a necessary party under President'..

Category: Property Law | Date: 3 May, 1972 | Hits: 4

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. ......nistrator of Waqfs, East Pakistan directing the petitioner. a) to render accounts of the Waqf estate for four years during which period he has stated to have worked as joint mutwalli with opposite party No.2 Bazlur Karim Chowdhury. b) to make over a sum of Rs. 70,433.33 paisa to the Waqf estat..

Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167

Md. Ilyas Khan, Manager, Khan Bro­thers Ltd., Khulna Vs. 3rd Labor Court, Khulna, East Pakistan & another, 1972, 1 CLC (HCD)

....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   ......s Ltd. A new Union was also formed which was known as Khan Brothers Jute Press Workers' Union and the respondent No 2 was elected the General Secretary of this Union. He contended that the second party petitioner being annoyed with his activities suddenly terminated his services by the aforesaid..

Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181

Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)

....e does not strictly comply with the other requirements of the section as to the form of the order and does not state in writing the grounds of his being so satisfied, then the order would no doubt be defective but that would not make the order without jurisdiction. 12. Here, in the instant cas......I think that the expression "satisfied" is stronger than the expression being of "opinion" I find no difficulty, therefore, in accepting the contention of Mr. Serajul Huq who appears for the opposite party Tobarak Majhi that on a perusal of a petition, of which more will be said hereafter, and upon ..

Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76

Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)

....eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in:  24 DLR (HCD) (1972)103 ......o the evidence of PW 7 also applies to the testimony of this witness. Moreover, it is apparent from his evidence that there was enmity between the deceased and his men on the one hand and the accused party on the other. 12.  Although PWs 5, 6, 10, 11 and 12 claimed to be the eye-witnesses ..

Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50

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.   ......BLC 649, 59 DLR (AD) 39, 56 DLR 285, 29 DLR (SC) 211. Lawyers Involved: Moklesur Rahman with Mrs. Jobaida Pervin, Advocates-For the petitioner Zafar Ali Khan, Advocate-For the opposite party Nos.1-3 Civil Revision No. 4572 of 2009. Judgment Sheikh Abdul Awal J.- This ru..

Category: Evidence Law | Date: | Hits: 6

Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)

.... this judgment. 28.  Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32.   ...... the above appeal are that the appellant as pre-emptor filed Pre-emption Miscellaneous Case No.75 of 1996 under Section 96 of the State Acquisition and Tenancy Act on the allegation that the opposite party No.3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite..

Category: Civil Law, Procedural Law | Date: | Hits: 2

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   ......bsp;339C (4) of the Code of Criminal Procedure— Lawyers Involved: Taleb Ali—For the petitioners. Sultan Ahmed, D.A.G. with Md. Mokhter Hossain—For the State (Opposite party). Criminal Revision No. 82 of 1983. Judgment Latifur Rahman J. — This Rul..

Category: Criminal Law, Procedural Law | Date: | Hits: 1

M. R. Khan, Chairman of the Board of Governors, Bangladesh National Society for the Blind Vs. Bangladesh and others, 1975, 4 CLC (HCD) Adminis/constitutional

....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   ......ip;……Respondent Judgment March 3, 1975 Result: The Rule be discharged. Whether before taking any action by way of suspension of any Governing Body the aggrieved party i.e. the Governing Body would be entitled to receive any show cause notice— In acc..

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.   ......nly from the statute or the law which has constituted the court and no parties to any litigation can confer such jurisdiction on the court by consent. It is also well settled that even the consenting party cannot be estopped from subsequently maintaining that the court or tribunal had acted without ..

Category: Others | Date: | Hits: 3

SM Sirajul Islam Vs. Janata Bank WAPDA Branch, 2013, 42 CLC (HCD)

....reby set-aside. The order of stay granted earlier by this Court is hereby vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 119. ......evision No. 3924 of 2007 Judgment Md Nuruzzaman J. - This Rule has been taken up by a supplementary cause list for today. 2.  The instant Rule was issued calling upon the opposite party to show cause as to why the impugned Order dated 9-4-2007 passed by the learned District Judge..

Category: Banking Law, Civil Law | Date: | Hits: 3

S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)

.... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107.     ......rom the total price then sig­nal would be given by Keramat Ali by touching his head which would be relayed by Sultan Mia from the verandah whereupon Mokbul Hossain would go to the officers’ party consisting of the Magistrate, the District Anti-Corruption officer and the Inspector, D.A.B. w..

Category: Criminal Law, Evidence Law | Date: | Hits: 2

Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)

....the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rah­man J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4.   ......ted 27.1.83 passed by Mr. M. Mian Mustaque Ahmed, Magistrate 1st Class and Thana Magistrate, Chittagong in G.R. Case No.5 of 1982 discharging the accused petitioners. 2. The complainant opposite party No.1 Hajee Azizur Rahman filed a petition of com­plaint in the Court of the Upazilla Magis..

Category: Criminal Law | Date: | Hits: 1