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Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....ntended that he never acted as the defendant's lawyer prior to the final payment of consideration on 8.7.72. Defendant No.1 has admitted in his cross-examination that the plaintiff did not do his legal work prior to 8th July, 1972, the date on which the last of the three installments of the cons......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
..... — This rule is directed as to show cause why the notice dated 16-8-76 issued by the respondent No.1 (Annexure A) should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceedings are follows:- The Chittagong Paurash...... controlling authority can confirm or with old his confirmation and his decision shall be final. Thus the highest bidder is not invested with any legal right. As being a highest bidder he acquires, a status which is in the nature of inchoate right. Between the date of the auction and the date of the..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
....s are against the aforesaid two orders of the learned District Judge. 3. Mr. Golam Rabbani the learned Advocate appearing in support of the Rules contends that the learned District Judge acted illegally and with material irregularity in the exercise of jurisdiction in holding that the appeals a...... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193 ..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
....rther mentioned in reply that had there been any materials against the detenu the respondents would have given the full particulars. In this view of the matter it is contended that the detention is illegal.
3. In Writ Petition No.352/77 the detention of Haji Abu Taleb has been challenged by his......beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
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Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....on for considering the points: (1) whether the High Court Division wrongly placed the onus of proof of title and possession upon the defendants and (2) whether the High Court Division committed any illegality in disturbing in the second appeal the findings of fact as to possession as arrived at by t......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
.... the forfeiture of the house at 126, Gulshan Avenue, Dacca, under Article 6 of P.O. 67 of 1972 and the order is challenged on the ground that the same has been made without lawful authority and of no legal effect.
2. The facts in brief are as follows:
The petitioner was an Executive Engine......de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
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Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
.... disputed premises. Further since the departure of the plff's brother from Pale stan, the pliantiff with her husband and their children has been in exclusive possession of the premises in her own legal and indefeasible right for more than 12 years. But still the S. D. O. does not accept the plff...... to maintenance from her father's estate.” So, at least on humanitarian ground a daughter is entitled to be maintained in father's family. We shall now proceed to see the right and status of 'Gharjamai' in the same volume at page 164 which runs as follows: “The ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....ment for the alleged offence, the Second Screening Board acted without any lawful authority in entertaining the case of the petitioner and recommending punishment; and that the Chief Engineer acted illegally and without any lawful authority in passing the impugned order punishing the petitioner for ......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
....de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......ed the relevant provisions of the Statute and the Rules and also the decisions referred to above, On careful examination of the relevant provisions with election laws we do not find any change in the status of the Election Tribunals as appointed under section27 of the Local Government Ordinance..Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5
....ot;
Therefore, this rule is made absolute and the order dated 16-8-73 passed by the Labor Court, Khulna, in I.R.O. Case No.395 of 1973 is set aside as being without lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
......ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
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Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....st Court, Dacca. The plaintiff filed a suit for declaration that the judgment and order dated 28.7.73 passed by Mr. K. A. Hossain, Assistant Collector, Customs and Excise, Division J, is void, illegal and without jurisdiction. 2. The short facts are that the petitioner was tried before a M......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
.... 1977.
Judgment
BadrulHaider Chowdhury J.—This rule is directed as to show cause why the detention of KalipadaHazra now being detained in Jessore Central Jail should not be declared illegal and why he should not be brought before this court and set at liberty or such other or further......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
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Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....ers and had obtained a licence for running his hotel business in the premises, that the respondents were demanding salami or 25% shares in the hotel business and on his refusal to comply with their illegal demand the respondents threatend to evict him for the premises and refused to accept......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....cate appearing on behalf of the respondents 1 and 2 has contended that the petitioner is not a "person aggrieved" within the meaning of Article 102 of the Constitution and that no legal right of the petitioner was affected by the impugned order and that the petitioner has got no ......sult, the rule is discharged without any order as to costs.
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
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Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....s left the ship's side." 7. The plaintiff-appellant moved the Supreme Court of Pakistan against the judgment of the Dacca High Court, the point raised being as to what would be the legal effect of the incorporation of such a clause in the bill of lading upon which a difference of ......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
.... The petitioner has been charged under sections 174 and 186of the Penal Code. Now section 174 of the Penal Code reads as follow:- “Section 174, Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summo......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
.... challenged the order dated 8.2.74 of the Secretary, Bangladesh Jute Industries Corporation suspending the petitioner from his service as to have been passed without any lawful authority and is of no legal effect.
2. The petitioner's case is that he worked for 20 years in the Crescent Jute ...... under Director (T) Section with immediate effect. The petitioner handed over the charge of the Company and Mill to one Mr. Nazirul Islam on 31.10.73. The order of transfer did not disclose the rank, status or the designation of the petitioner. The Corporation, however, by its order dated 6.12.73 in..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....nd the appeal before the High Court be decided only after the decision given by the Appellate Division. The High Court, of course, gave no opinion on this question, and made its observation on the legal personality of the decree holder and dismissed the appeal. Now if the judgment of the Supreme......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....s of "M.L. Jalamoni". Plaintiff-respondent No. 2 claims a sum of Rs. 73,311/- by way of compensation for the total loss of "M.L. Jalamoni". Plaintiff-respondent No.1 served a legal notice through his lawyer on or about 21-8-64 to the defendant calling upon him to pay Rs. 65,......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
....ment within 4 years from the date of the order and that the original order of assessment for the assessment year 1949-50 having been made by the Income-tax Officer on 31-5-54 the said officer acted illegally in having rectified the alleged mistake under the aforesaid provisions of the Act on 15......essor company was assessed on 31.3.54 to an income of Rs. 47, 78,556/- for the assessment year 1949-50 on the finding that 55% of its income from shipping business accrued in Pakistan and as such its status was that of a resident company. The carried forward losses and unabsorbed depreciation f..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
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