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Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)

....nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ......ld an allotment for export of salt, to sell the same to the plaintiff. As per arrangement between the parties concerned, defendant No. 6 chartered the vessel (defendant No. 1) for carriage of salt to Bangladesh. Accordingly, a charter party was signed on 14.7.77 between defendant No.6 and defendant ......Court Division (Admiralty Jurisdiction) Present: Abdur Rahman Chowdhury J Abu Bakr Siddique..........................................Plaintiff Vs. M.V. Aghia Thalassini and others.....................Defendants Judgment December 20, 1977. Result: Th......sp; ..

Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39

Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)

....a, Madras and Bombay, shall, where the deceased is a Hindu Muhamadan, Buddhist, Sika or Jain or an exempted person, receive, applications for probate or letters of administration until the provincial Government has, by a notification in the official Gazette, authorised it so to do. 5. There in ......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......e is also Reported in: 31 DLR (HCD) (1979) 97 ......Revifional Jurisdiction) Present: Ranadhir Sen J Mohammed Chand Mia & others……………………………Petitioners Vs. Barista Krishna Kundu & others...........................Opposite parties Judgment..

Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8

Md. Abdur Rasheed Vs.

....s, Dacca Division, Dacca (defendant No. 2) terminating his service was void, invalid, illegal, ultra vires and without lawful authority and of not legal effect and that he was still in service of the Government. 2. His case, in brief, is that he was appointed as Physical Education Teacher in Na......High Court Division (Civil Appellant Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Abdur Rasheed..............................Appellant Vs. Govt. of Bangladesh.............................Respondent Judgment December 2, 1977. Result: ......of Bangladesh.............................Respondent Judgment December 2, 1977. Result: The appeal is allowed. Cases Referred to- Abdus Sabur Khan Vs. Karachi University and another (1966)) 18 DLR (SC) 422; University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; Ban......upreme Court High Court Division (Civil Appellant Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Abdur Rasheed..............................Appellant Vs. Govt. of Bangladesh.............................Respondent Judgment December 2, 1..

Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2

Benoy Bhusan Bardhan and others Vs. Sub-Divisional Officer, Brahmanbaria and another, 1977, 6 CLC (AD)

..... Result: The appeal is allowed. Cases Referred to- Province of East Pakistan Vs. Syed Hatem Ali and others (1968) 20 DLR (SC) 129; Sufia Khatun Vs. Secretary, Revenue Department, Government of East Pakistan and others, (1968) 20 DLR (SC) 18; Mumtazuddin Ahmed Chowdhury Vs. Deput......e Custodian could take possession of any ejmali land of which the appellant was in possession as a co-sharer without partition of the said lands in accordance with law. 6. After the emergence of Bangladesh the Government of Bangladesh seems to have been interested in the properties which vested......rder as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 149. ......J Fazle Munim J Benoy Bhusan Bardhan being dead, his heirs, Pronoy Bhusan Bardhan and others………………………….Appellants Vs. The Sub-Divisional Officer, Brahmanbaria and another...............Respondents Ju..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)

....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ......(Dacca) 529; Md. Nurullah Patwari Vs. Golam Hossain Chowdhury and others (F.M A. 63/75); Tulshi Ram Vs. Dinanath, A.I.R. 1926 (Lahore) 145; Abdulla Bhoi and others Vs. Ahmed Din, 16 D.L.R. (S.C) 169; Bangladesh Vs. Md. ShamsulHuq and others (FMA. 356/76);Labhu Ram Vs. Ram Pratab and others, AIR. 194......) Present: Siddique Ahmed Chowdhury J Aftab Mia…………………………….................Petitioner Vs. Wahab Ali and others……………..................Opposite parties Judgment ......al Jurisdiction) Present: Siddique Ahmed Chowdhury J Aftab Mia…………………………….................Petitioner Vs. Wahab Ali and others……………..................Opposite parties ..

Category: Property Law | Date: 25 Nov, 1977 | Hits: 2

Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)

....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ......emand notice. The petitioner, however, paid separate Court fees payable on separate applications. 2. The petitioner's case in short is as follows: The petitioner is a company incorporated in Bangladesh under the Companies Act, 1913, having its registered office at Strand Road, Chittagong, a......) Present: Ruhul Islam CJ A.T. M. Afzal J Judgment Burmah Eastern Limited. ......................................Petitioner Vs. Assessing Officer, Narayanganj Range and others..........Respondents Judgment September 1, 1977. Result: The applicat......t Division (Special Original Jurisdiction) Present: Ruhul Islam CJ A.T. M. Afzal J Judgment Burmah Eastern Limited. ......................................Petitioner Vs. Assessing Officer, Narayanganj Range and others..........Respondents Judgment Sep..

Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4

Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)

....ra (Crescent with a device of horse and stars). From 29.5.73 to 17.6.74 the defendant's Match Factory was under the Bangladesh Fertilizer, Chemical and Pharmaceutical Corporation. On 19.11.74 the Government of Bangladesh released the concern in favor of M/s. M. M. Ispahani the defendant's Ch......llate Civil Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Dacca Match Factory Ltd........Plaintiff-Appellant (In Appeal Nos.217 & 218 of 1977) Vs. Bangladesh Match Company Ltd. Principal-Defendant………...Respondent (In both the ......n Medical Supplies Vs. Farben 21 DLR 945; Mohanlal Harprassad Vs. Firm Lai Mohan AIR (1961) M.P. 237. Lawyers Involved: S. R. Paul with Khalilur Rahman—For the Appellants. Khandker Mahbubuddin Ahmed with A, K. Maintil Huq—For the Rcfpondtni No. 1. Appeal from Ori...... (Appellate Civil Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Dacca Match Factory Ltd........Plaintiff-Appellant (In Appeal Nos.217 & 218 of 1977) Vs. Bangladesh Match Company Ltd. Principal-Defendant………...Respondent (In ..

Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8

Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)

....t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......section 148 of the said Code." 11. The view expressed in the Pakistan Supreme Court decision referred to above was followed in three Single Bench decisions of the High Court Division of the Bangladesh Supreme Court in the cases of Rajendra Shirali and others Vs. Mahadev Shirali (1975) 27 D...... no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ...... Appellate Division (Civil) Present: Kemaluddin Hossaia J Debesh Chandra Bhattacharya J Fazle Mumm J Dwijendra Lal Nath................................Appellant Vs. Abu Zafar..........................................Respondent Judgment August 23..

Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111

Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)

.... the Appellant. Abdur Rashid Gazi—For the Respondent. Appeal from Original Order No. 356 of 1976 Judgment Siddique Ahmed Chowdhury J.-This appeal is at the instance of the Government against the Judgment and award dated 17-4-75 passed by the learned Subordinate Judge and ......rted in: 30 DLR (HCD) (1978) 349. ......Appellate Jurisdiction) Present: Syed Mohsen Ali J Siddique Ahmed Chowdhury J Bangladesh.................................Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judgment August 18, 1977. Result: Th......Court Division (Civil Appellate Jurisdiction) Present: Syed Mohsen Ali J Siddique Ahmed Chowdhury J Bangladesh.................................Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judgment August 18,..

Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2

Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)

....sion and for mandatory injunction. The case of the plaintiff, as set out in the plaint, is that the suit land, plots Nos. 1 and 2 of the Old Cantonment at Chittagong belonged to defendant No. 3, the- Government of Bangladesh in the Ministry of Defense. It was put to public- auction in which defendan......andatory injunction. The case of the plaintiff, as set out in the plaint, is that the suit land, plots Nos. 1 and 2 of the Old Cantonment at Chittagong belonged to defendant No. 3, the- Government of Bangladesh in the Ministry of Defense. It was put to public- auction in which defendant No. 1, Ayaz ....... Islam—For Appellant (In F.A.No.16 of 1977). Syedlshtiaq Ahmed with Mahmudul Islam—For Appellant (In F.A.No.17 of 1977). Ahmed Subhan, with Ataur Rahman Khan, Fazlul Karim and Fazlul Huq—For Respondents (In both the Appeals.) Appeal from original decree No...... High Court Division (Civil Appellate Jurisdiction) Present: S. Ahmed J M.H. Rahman J Ayaz Bahdaur Khan & others.....................................Appellant Vs. Abdus Sobhan & others...........................................Respondent Padma P..

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)

.....76. 4. Amongst the 4 respondents only the Chairman. Chittagong Pourashava contested the rule by filing affidavit. Neither the Commissioner, Chittagong Division as controlling authority, not the Government of Bangladesh contested the Rule. 5. In the affidavit in opposition respdt. No. 1 to......mongst the 4 respondents only the Chairman. Chittagong Pourashava contested the rule by filing affidavit. Neither the Commissioner, Chittagong Division as controlling authority, not the Government of Bangladesh contested the Rule. 5. In the affidavit in opposition respdt. No. 1 took a prelimina......ul Matin Khan Chowdhhury J Md. Ajmal Khan………………………….......................Petitioner Vs. Chairman, Ctg. Pourashava and others……………Respondents Judgment August 17, 1977. ......Badrul Haider Chowdhury J Abdul Matin Khan Chowdhhury J Md. Ajmal Khan………………………….......................Petitioner Vs. Chairman, Ctg. Pourashava and others……………Respondents ..

Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5

Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)

.... 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 ......tation without applying mind to the necessary facts and relevant law. According to the learned Advocate, the two appeals were not barred by limitation inasmuch as the appellant was entitled under the Bangladesh (Legal Proceedings) Order, 1972, President's Order No.12 of 1972 to get the benefit o......hellip;………Opposite Party Judgment August 15, 1977. Result: The two Rules are made absolute. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others 27 OLR 61 (Appellate Division) is evidently distinguishable. The case of Barada Prasanna ......il Revision Jurisdiction) Present: Ranadhir Sen J Aram Ali Mondal…………………………………Petitioner Vs. Lutfar Rahman Dewan ……………………&hellip..

Category: Property Law | Date: 15 Aug, 1977 | Hits: 3

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

.... Result: The Rules are discharged. Cases Referred To- Abdur Rahman Vs. Govt. of East Pakistan (1967) 19 DLR 748; Kalipada Hazara Vs. Govt. of Bangladesh (Criminal Misc. Case No. 69/77; Government of West Pakistan Vs. Begum Abdul Karim, (1969) 21 D.L.R. (S.C.) 1; Ghulam Jilani, (1967);...... Mrs. Anwara Begum wife of Mr. Hannan (In Writ Petition No.267/77), Md. Abdu Gafur (In W.P. No.352/77), Anwar Mollah (In Writ Petition No.213/77).................Petitioners Vs. Govt. of Bangladesh and 2 others………………………&hell......wara Begum wife of Mr. Hannan (In Writ Petition No.267/77), Md. Abdu Gafur (In W.P. No.352/77), Anwar Mollah (In Writ Petition No.213/77).................Petitioners Vs. Govt. of Bangladesh and 2 others……………………………......Khan Chowdhury J Mrs. Anwara Begum wife of Mr. Hannan (In Writ Petition No.267/77), Md. Abdu Gafur (In W.P. No.352/77), Anwar Mollah (In Writ Petition No.213/77).................Petitioners Vs. Govt. of Bangladesh and 2 others…………………&he..

Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4

Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)

.... "A record of rights has been described by Sir Henry Maine as a detailed statement of all rights in land drawn up periodically by the functionaries employed in setting the claims of the Government to its shares of the rental........ Though it does not create a title, it gives ris......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. ......order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......tacharya J Fazli Munim J Akrab Ali and others…………………………………………Appellants Vs. Zahiruddin Kari and others..........................Respondents Judgment August ..

Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

.... J Abdus Saleque……………………………………..Petitioner Vs. Secretary, Establishment Division, Government of the People's Republic of Bangladesh and others..........................................p;……………………………..Petitioner Vs. Secretary, Establishment Division, Government of the People's Republic of Bangladesh and others........................................Respondents Judgment July 27......hellip;………………………..Petitioner Vs. Secretary, Establishment Division, Government of the People's Republic of Bangladesh and others........................................Respondents Judgment July 27, 1977. ...... Chowdhury J Abdul Matin Khan Chowdhury J Abdus Saleque……………………………………..Petitioner Vs. Secretary, Establishment Division, Government of the People's Republic of Banglade..

Category: Property Law | Date: 27 Jul, 1977 | Hits: 2

Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)

....8 of Mr. Kaiser Ali, Additional District Judge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Improvement Act, 1953 briefly the T.I. Act. 2. The Government of Bangladesh is the appellant before us. Facts of the case, so far necessary for disposa......his Case is also Reported in: 30 DLR (HCD) (1978) 119. ...... Appeal from Original Decree No. 262 of 1969. Judgment Shahabuddin Ahmed J.—This appeal is directed against an award dated 30. 11. 68 of Mr. Kaiser Ali, Additional District Judge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Imp......on (Civil Appellate Jurisdiction) Present: S. Ahmed J M.H. Rahman J Bangladesh.…………………………Appellant Vs. Abdur Rashid & others........Respondents Judgment July 18, 1977. Result:..

Category: Property Law | Date: 18 Jul, 1977 | Hits: 2

Abdur Rahman Vs. The State, 1977, 6 CLC (AD)

....ting forth the necessary particulars. Sub-section (2) of section 173 lays down that where a superior police officer has been appointed under section 158 the report shall, in any case in which the Government so directs, be submitted through that officer who may, pending the orders of the Magistr......use of the deceased, the appellant Abdur Rahman and one Amirullah were recognised. Thereupon Kotwali P. S. Case No.8 dated 12-10-1971 being G. R. Case No.519 of 1971 under section 302/307 of the Bangladesh Penal Code was started. One Rahmat Ali was arrested in connection with that case and pro...... ......S.A.B. Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdur Rahman…………............Appellant Vs. The State................... Respondent Judgment July 13, 1977. Resu..

Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72

Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)

.... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ...... Present: S.M. Mohsen Ali J Siddique Ahmed Chowdhury J Sreemati Tripti LalaKar...............................Plaintiff Appellant Vs. Govt. of the People's Republic of Bangladesh & others...........Respondents Judgment July 8, 1977. Result: The......adesh & others...........Respondents Judgment July 8, 1977. Result: The appealis allowed. Cases Referred to- Govind Rani Dasi Vs. Radha Ballabh Das, 15 C.W.N. 205; Ananda Mohan Kunda and others Vs. Province of East Pakistan and others, (1968) 20 D.L.R. 976; M.M. Isp......t Division (Civil Appellate Jurisdiction) Present: S.M. Mohsen Ali J Siddique Ahmed Chowdhury J Sreemati Tripti LalaKar...............................Plaintiff Appellant Vs. Govt. of the People's Republic of Bangladesh & others...........Respondents Ju..

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)

....Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J M. A. Khalilullah and Abdul Hakim..............................Petitioner Vs. Government of Bangladesh and others.......................Respondents Judgment June ......A. Khalilullah, formerly Sub-Overseer cum-Sectional Officer, Jhenidah Building Sub-Division, under Building Division, Jessore (1), while in service under the Building Directorate of the Government of Bangladesh, was given the charge of supervising the work of construction of some Border outposts, an......ed in: 30 DLR (HCD) (1978) 79. ...... High Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J M. A. Khalilullah and Abdul Hakim..............................Petitioner Vs. Government of Bangladesh and others.......................Respondents Judgment ..

Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3

Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)

....rent rulings of the Superior Courts of the country. 6. Only question for our consideration in these applications is as to whether Election Tribunal constituted under section 27 of the Local Government Ordinance, 1976 is "Civil Court" and as such, is competent to grant temporary i....... 201 of 1977 the petitioner was declared elected as Chairman of No 10 Umednagar Union Parishad under Police Station Baniachong, District Sylhet on 25th January, 1977 and if was duly published in the Bangladesh Gazette (Extraordinary) dated 19th February, 1977 After the publication of the- result re......m CJ M. H. Rahman J Md. Sharifullah…………………Petitioner (In Petition No.201 of 1977) Vs. Election Tribunal Munsif, Second Court Habiganj and another Khan Ataur Rahman (In Petition No. 209), Ashraful Huq……Petitione...... Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J Md. Sharifullah…………………Petitioner (In Petition No.201 of 1977) Vs. Election Tribunal Munsif, Second Court Habiganj and another Khan Ataur Rahman (In Petition..

Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5

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