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Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....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 ......made absolute. Government Service- Dismissal of on the ground of Corruption practice The petitioner was charged under the allegations of misconduct, gross interference with the office work and corrupt practices under the East Pakistan Government Servants (Efficiency and Discipline) Rules,......tatement of the Head Clerk who on his own showing was to be blamed partially which resulted in the compulsory retirement order of the said Head Clerk. This aspect of the case brings out the fact that proper application of mind was not made in the facts and circumstances of the case by the punishing ......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)
....ient. Such procedural orders though peremptory (conditional decrees apart) are, in essence, in terrorem, so that dilatory litigants might put themselves in order and avoid delay. They do not however, completely estop a Court from taking note of events and circumstances which happen within the time f...... This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......r that sections 149 and 151 Civil Procedure Code read with section 28 of the Court Fees Act granted adequate power to this court to grant extension of time in pulling in proper court fee even though the period for depositing such court fee has expired provided that the ......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
....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.
......
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
......urged a number of points, which the learned Advocate appearing for the employee has tried to repeal. These points may now be taken up.
4. It has first been contended that the Labor Court was not properly constituted in as much as one of the members namely, the representative of the Employee nev......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)
.... of respondent No. 2. We think that it has been rightly stated in the affidavit-in-opposition by the respondent No. 2 that what the petitioner could not do by legal process, he had sought to do it in complete usurpation of the same in a period of crisis. The petitioner is thus an unauthorized occupa......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......g the procedure prescribed in President's Order No.13 of 1972 (hereinafter referred to as P.O. 13/72). 4. From what has been stated above, it is obvious that a dispute over the title of this property has been going between the parties. The petitioner claims his title to the property in purs...... that the story of his possession or dispossession therefore was false and baseless. He further prayed before the Arbitration Court to dismiss the case or to send the same to the Thana Magistrate for adjudication with due notice to him. A copy of the said application is annexed to this petition as A..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
....iled to eite any authority to support the same. 8. Mr. M.A. Rouf, the learned Advocate appearing for the respondents submits that the contract of re-purchase under the agreement is a contract of completed transaction, in other words is an executed contract which is assignable under the law. In ......urt Division (Civil Appellate Jurisdiction) Present: Ruhul Islam J Seru Mia…………………Defendant-Appellant Vs. Fajilatennessa and others.…………Defendant-Appellant Judgment January 8, 1973 ......ithin the family of the vendor, are not entitled to enforce the contract, inasmuch as the intention of the parties is that the vendor and his heirs alone would be given the right of repurchase of the property. He also submits that the Courts below should have refused reconveyance of the suit land, i......rmance. In a matter arising out of suit for specific performance of contract. Their Lordships gave the following reasons for using the English Rules and Practice in connection with a matter requiring adjudication under the Specific Relief Act 1877 and in particular, or its Part II, Chapter 2, which ..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.
......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......he Defense of Pakistan Rules, 1965 by Notification No. Sec-28/65- EPS/125 dated 6-10-1965. Thereafter the Vice-Chairman of the East Pakistan Enemy Property Management Board vested the plaintiff's property in the Additional Custodian of Enemy Property by Notification dated 13-7-68 under rule 182(......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)
....rt of the contract then, notwithstanding that the contract, though required to be registered, has not been registered, or where there is an Instrument of transfer, that the transfer has not been completed in the m inner prescribed thereof by the law for the time being in force, the transfe......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 ......pposite parties No.1-3 in this Rule have brought a suit being Title suit No.151 of 1970 in the 2nd Court of Subordinate Judge, Sylhet for a declaration that they are seized and possessed of the property in suit which is known as Loobacharra Tea Estate and also for a declaration that the d......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
Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
.... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appellant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ......ion 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 in the absence of any prayer for khula divorce in the plaint, allowing such ...... Seat, in a second appeal. 2. This appeal arose out of a suit for dissolution of marriage on the ground of habitual cruelty, non-maintenance for more than two years and misappropriation of her property in the form of ornaments, etc. This, suit was decreed by the trial Court, but on appeal the...... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appellant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
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 ...... in: 24 DLR (HCD) (1972)103 ...... there. I managed the dead body to be guarded by the Chowkidar. Isharak Ali of Jahanpur has informed that his mother recognised the murderers. I, therefore, pray that you will be pleased to take proper steps in time. &......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 ..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
....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
......oque J
Shah Tazul Islam Rumel (Md.)………………….Petitioner
Vs.
Bangladesh, Represented By the Secretary Ministry of Home Affairs,
Dhaka and Others……………………………&h......ignboard and, thereby stop creating obstruction to the regular movement of the villagers and residents of that area and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule on 26-11-2012 this Court directed respondent No. 3, t......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
..
Category: Property Law | Date: | Hits: 0
....ash;
In the instant case, where the DCT is accepting a return and issuing a receipt which is being treated as an assessment, no doubt, the DCT is passing an order about the correctness and completeness of the return. Therefore, it cannot be said that the IACT has no jurisdiction to pass a......N. Deb Choudhury J
Kamal Uddin Ahmed, Director, Holy Crescent Hospital Limited, Chittagong………..Petitioner
Vs.
Chairman, National Board of Revenue, Segunbagicha , Dhaka and Others……….Respondents
Judgment
April 5, 2015
Result:
Th...... No costs.
Communicate the judgment to respondents No.3 and 4 at once.
J.N. Deb Choudhury J.—I agree.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 91
...... No costs.
Communicate the judgment to respondents No.3 and 4 at once.
J.N. Deb Choudhury J.—I agree.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 91
..
Category: Fiscal/Taxation Law | Date: | Hits: 0
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. ......13) 58. ......sp; the parties as much as the defendant No.3, father of the minor-daughters was not appointed guardian by any Court and as such, he had no power to sell the minor's property. 6. The unsuccessful plaintiff then took an appeal therefrom being Title Appeal No.247......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. ..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. ...... Sheikh Abdul Awal J Musammat Nahida Sultana…………………………………Appellant Vs. Md. BazlurRahman Khan and others ………....Respondents Judgment November 14, 2012. Resul......cedure. 11. Mr. Abdus Samad Azad, the learned Advocate appearing for the respondent No.1, on the other hand, supports the impugned judgment and order which was according to him just, correct and proper. Mr. Azad in the course of his argument upon placing supplementary affidavit dated 8.11.2012 ...... 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. ..Category: Civil Law, Procedural Law | Date: | Hits: 2
AKM Fazlul Haq and anothers Vs. People’s Republic of Bangladesh and others, 2010, 39 CLC (HCD)
....s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ......rted in: 67 DLR (HCD) (2015) 178 ......ndents, the present petitioners, who are admittedly the third teacher in their respective subject, are not being granted the same privilege and, as such, they are rendering their service without proper financial remuneration, thereby causing hardship to themselves and their family. 12......s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ..Category: Administrative Law, Employment/Service Law | Date: | Hits: 5
Rai Kishori Saha Vs. Md. Motaleb Ali and Others, 1892, 11 CLC (HCD)
....f 1937); Section 3 State Acquisition and Tenancy Act (XX VIII of 1951); Section 96 Right to claim preemption a Hindu Widow – During the period of her life time a Hindu widow is a complete owner and co-share of any property or holding in question, with the right to claim partitio......8 ......sition and Tenancy Act (XX VIII of 1951); Section 96 Right to claim preemption a Hindu Widow – During the period of her life time a Hindu widow is a complete owner and co-share of any property or holding in question, with the right to claim partition and consequently having the right......he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)178 ..Category: Property Law | Date: | Hits: 3
.... 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
......
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......th the Chairman, E.P. Rly. Board, it has been decided that those E P. Rly. staff who are serving Port Trust permanently by the Port Trust should apply individually to the Chairman, Port Trust through proper channel for their permanent retention. If the Port Trust authorities agree to retain them per...... 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
..
Category: Administrative Law | Date: | Hits: 1
M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
....cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551 ......itioners. Fakir Shahabuddin Ahmed, Attorney General with Abdul Wadud Bhuiyan, Asst. Attorney-General—For Respondent No. 1. Kazi Golam Mahbub, Advocate—For Respondent Nos. 2 and 3. Petition No. 352 of 19724. Judgment S.M. Hussain J.—A Notification No. 2......nder President's Order No. 16 of 1972 dated 28. 2. 72, all those concerns which were taken over by the government under the Acting President's Order No.1 of 1972 were declared to be abandoned properties pursuant to the definition provided in Article 2(1) of President's Order No......cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551 ..Category: Abandoned Properties Law | Date: | Hits: 7
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ......2, 1993. Result: The Reference is rejected. The sentence was too severe in consideration of the fact that the appellant is a young man of 35 years of age. It is clear from the evidence and the circumstances of the case that the appellant had no premeditation to murder Sohel or anybody......nt Attorney-General, appearing for the State, on the other hand, supported the imposed order of conviction and sentence and he submitted that the sentence of death imposed upon the appellant was proper as the murder committed by the appellant was cruel and diabolical. 11. The date, time, p......rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ..Category: Criminal 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. ......zmun Ara Sultana J Sheikh Hasan Arif J Abdul Mukid (Md.)……………….............................. Appellants Vs. Artha Rin Adalat, Khulna and another…………………Respondents Judgment Ap......ecution proceeding at the instance of respondent No. 2. In the process of said execution, the Adalat issued warrant of delivery of possession in favour of respondent No. 2 in respect of the mortgaged property of the petitioner's father. The petitioner then filed an application for recalling the ......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. ..Category: Others | 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. ......p;……………….......................Respondent Judgment July 16, 1980 Result: The appeal is dismissed. Case Referred to- Kashi Nath Panday Vs. Emperor. AIR 1942 Cal. 214; Subramoniam Vs. Public Prosecutor (1956) 1 WLR 965; Telikecher......prosecution will have to prove the alleged demand and acceptance of bribe by legal evidence and it cannot obviously refer to the evidence of the Deputy Commissioner for that purpose. Whether there is proper evidence or not in that behalf will be considered at the proper place but for the reason...... 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. ..Category: Criminal Law, Evidence Law | Date: | Hits: 2
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