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....000/- has been allowed for the loss of the plaintiff's enjoyment of life, the total amount being a sum of Tk. 63,000/-.
The appeal has been filed against the said decree by the heirs and the legal representatives of Defendant No. 2 who died during the pendency of the suit.
9. Mr. S. R....... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
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Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
....12.72, was made in violation of the terms of the aforesaid handout. He further submitted that since the handout announced the Govt. policy in respect of the Industrial Units mentioned thereunder, its legality or competence to issue such handout was beyond any challenge before a court of law. The lea......ications as mentioned in the above-mentioned Government handout were invited by advertisements in the press the petitioners could have prayed that they were applicants or should be deemed to have the status to be applicants. Being not even applicants what right legally or otherwise can they claim in..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
.... learned Advocate for the petitioner. For the reasons stated above, we declare that the order of award passed by the Tribunal Judge on 31-8-73 has been made without lawful authority and is of no legal effect. In the result, the Rule is made absolute. We, however, make no order as to costs.......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....a Khan summoned the elected representatives of the people to meet on the 3rd March, 1971 for the purpose of framing a Constitution and Whereas the Assembly so summoned was arbitrarily and illegally postponed for an indefinite period; and Whereas instead of fulfilling their promis......ed is the territory to which the Convention applies, after it has been satisfied that reciprocal provisions have been made, and that such an action being inherently an act pertaining to the sovereign status of a State, satisfaction of the Government of Pakistan cannot be deemed to be the satisfactio..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....f the appeal. "That the order of remand passed by the erstwhile High Court of East Pakistan so far as it related to demarcation and passing of a decree in favor of the defendant No. 1 was illegal, void and consequently all subsequent proceedings were of no legal effect." 9. Learn......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 ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....contained in any other law for the time being in force all Orders passed ex parte by any Court....or orders disposing of mailers due to default in compliance with any direction of any court....in any legal proceeding at any time after the 1st day of March, 1971, and before the commencement of this O......of the sale certificate and the delivery of possession having been lost the auction-purchaser cannot claim to have a legal title or a lawful possession. The court is at liberty to restore parties, to status quo ante. think, it would be advisable to deal with this matter of restitution after the disp..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....lot papers found in the ballot boxes must have been spurious and unauthorized and in that view of the matter the declaration of the result of the election in favor of respondent No. 3 was without any legal validity. 18. Mr. K.Z. Alam, the learned Deputy Attorney-General appearing on behalf of r......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 ..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....perties and that the S/properties not being enemy property as contemplated by law, and all proceedings purported to declare the S/properties as enemy property are mala fide, unlawful, null and void illegal, without jurisdiction and of no legal effect. B) A permanent injunction restraining the d......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. ..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
.... corresponds to s.115 of the present Code. In interpreting the section, it was held that the question before High Court was whether the subordinate court in the exercise of its jurisdiction acted illegally, or with material irregularity. If it appeared that it had jurisdiction to decide the questi......Huq as objector. The High Court further held that the decree itself was obtained by perpetrating fraud on court, and so in effect set aside the decree holding that no execution could proceed and that status quo ante the rent suit be restored. 6. Against this order leave was obtained by the auct..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
.... East Pakistan for a declaration that the requisition of C. S. Plot No. 992 of Mouza Dhanmondi on or about 19.4.57 under the provisions of East Bengal Emergency Requisition of property Act 1948 was illegal and ultra vires and that the demolition of the structure constructed by him on the aforesaid P......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 ..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
.... represented by its partners Walamjee Deoji and Karman Narain who brought this suit against the erstwhile Province of East Bengal for recovery of Tk. 11,000/- by way of compensation and damages for illegal and wrongful attachment and taking of Tk. 10,197-5-0 by the Sub-Divisional Officer, Nilphamari......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
....fter referred to as the Bank.) for a declaration that the sale of the goods which were placed as security for the payment of the money taken by the appellant as a loan from the said. Bank was void, illegal and without jurisdiction and also for recovery of a sum of Rs. 45,500/-.
This suit was tr...... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
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Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....bika Charan Das of Chanshi P.S. Gournadi, District Bakerganj and these deeds were registered at Gopalganj under deed 2423,2433, 2434 and 2435 dated 19-4-62. The purpose was to deceive and deprive the legal owner of these plots of land and as such the persons mentioned above committed offence under s......ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237. ..Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....) before the Second Labour Court, Dacca against the Manager, M/s. James Finlay & Co., Ltd. as the Second Party. The First Party claimed a declaration that the dismissal of Aminul Islam was illegal as it was clearly an act of victimisation on account of his Trade Union activities a......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: ..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
.... 491 of the Code of Criminal Procedure by a friend of the petitioner this Rule was issued calling upon the Deputy Commissioner, Dacca to show cause why the petitioner who is alleged to be illegally and improperly detained in jail should not be produced or brought before the Court to be dea......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
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....have, superseded the enunciation or decision made by the High Court. But if no such enunciation or decision was made by the Supreme Court, the decision of the High Court should have prevailed and the legal consequence which naturally followed from the said decision of the High Court could not be arr......to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ..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)
....his Rule, 5. Mr. S.F. Ahsan, the learned Advocate appearing on behalf of the petitioner submitted that the order of dismissal has been passed without any lawful authority and as such it is of no legal effect. The learned Advocate contended that the enquiry officer after thorough enquiry into th......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
....nquiry Officer was ever marked as exhibit in the proceeding. The Labor Court found that the drawing up of the proceeding against an employee after he has been acquitted on the self-same charge, was illegal. He also found that the order of dismissal had an alleged retrospective operation which was al......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.
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Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....ning the petitioner from proceeding further with the title Execution Case No. 25 of 1968. He also prayed for further declaration that the decree obtained in Title Suit No. 9 of 1968 was fraudulent, illegal void and not binding on the respondent. The petitioner appeared in Title Suit No. 190 of 1968 ......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 ..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
....t be re-opened in this second appeal. Similarly the question of benami also has been considered by the learned Advocate Judge. The learned Advocate appearing for the appellant can not point out any illegality committed by the learned Subordinate Judge in arriving at the finding that the transfer in ...... 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
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