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Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC

....of Bengal and thereafter by the Province of East Bengal, on the allegation that the disputed char was partly a reformation in situ of the lands of, Mouza Kalupura and Char Ananda Part III, which were Government estates, and partly accretions to the said estates. 4. The suit was decreed in part ......lso Reported in: 27 DLR (HCD) (1975) 534   ...... Vs. Babu Indu Bhusan Gupta & others ................Respondents Judgment April 17, 1975 Result: The appeal is dismissed. Cases referred to- Satyadhran Ghosal and others Vs. Smt. Deorajin Debi and another, A.I.R. 1960 (S.C.) 941; Sundar Ahir and others Vs. Ph......) Present: D. C. Bhattacharya J S. M. Mohsen Ali J Bangladesh………………………………........Appellant Vs. Babu Indu Bhusan Gupta & others ................Respondents Judgment April 1..

Category: Property Law | Date: 17 Apr, 1975 | Hits: 2

Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)

....the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275     ......asions the judgment-debtor app­eared through a lawyer, though not personally. On 11.6.71 the delivery of possession of the property was given to the auction purchaser. Then came the liberation of Bangladesh on 16th December, 1971. On February, 7, 1972 President's Order No. 12, 1972 was promu...... Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muhammad PLD 1961 Lahore 792; Hariram Rewachand Vs. Pribhdas Mulchand and others AIR 1945 Sind 98; Sangram Singh, Vs. Election Tribunal Kotah an...... (Civil Revisional Jurisdiction) Present: K. Hossain J Badrul Haider Chowdhury J Abdur Rahman Chow­dhury J Sayed Maksud Ah­med.........................Petitioner Vs. Sunil Kumar Basu & others………………….Oppos..

Category: Property Law | Date: 11 Apr, 1975 | Hits: 4

Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)

....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       ......ya J A. Rahman Chow­dhury J Shahiduddin Iskandar……………………………………Petitioner Vs. Bangladesh Election Commissioner & others…......Respondent Judgment April 4, 1......bsp;     ......hattacharya J A. Rahman Chow­dhury J Shahiduddin Iskandar……………………………………Petitioner Vs. Bangladesh Election Commissioner & others…......Respondent Judgment A..

Category: Election Law | Date: 4 Apr, 1975 | Hits: 2

Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)

....Deputy Custodian of the Enemy Property, One of the opposite parties. 3. Mr. Khondker has raised two points, the first is that the plaintiffs were in substance, challenging an action taken by the Government purported to have been exercised under some statutory power to be null and void, and inco...... Court Division (Civil Revisional Jurisdiction) Present: A. I. Chowdhury J K Hossain J Sree Sree Radha Krish­na Deities..........................Petitioner Vs. Bangladesh and others.......................................Opposite parties Judgment Marc......sion (Civil Revisional Jurisdiction) Present: A. I. Chowdhury J K Hossain J Sree Sree Radha Krish­na Deities..........................Petitioner Vs. Bangladesh and others.......................................Opposite parties Judgment March 5, 1974. ...... High Court Division (Civil Revisional Jurisdiction) Present: A. I. Chowdhury J K Hossain J Sree Sree Radha Krish­na Deities..........................Petitioner Vs. Bangladesh and others.......................................Opposite parties Judgment ..

Category: Property Law | Date: 5 Mar, 1975 | Hits: 2

Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)

....demolition of the structure constructed by him on the aforesaid Plot was also unlawful and for recovery of money for a claim for compensation amounting to Rs. 27373/5 annas 6 Paisa from the defendant Government. There was also a prayer for a permanent injunction restraining the defendants from takin......Civil Jurisdiction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent Judg......diction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent Judgment ......Original Civil Jurisdiction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent ..

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)

.... way of compensation for illegal and wrongful taking of the said money together with charges amounting to Tk. 802/11 /- The total claim thus was laid at Tk. 11.000/-. 4. The defendant, erstwhile Government of East Bengal filed a written statement and contested the suit. The case of the defendan......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.   .................Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; President Vs. Mr. Justice Shaukat Ali, PLD 1971 (SC) 585 relevant page a...... High Court Division (Civil Appellate Jurisdiction) Present: K. M. Subhan J Abdul Mumith Chowdhury J Govt.of the then East Pakistan..........................Appellant Vs. M/s. Lucky Biri Company.................................Respondent Judgment Janua..

Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3

Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co¬operative Bank Ltd, 1975, 4 CLC (HCD)

.... 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   ...... Civil Jurisdiction) Present: Debesh Chandra Bhattacharya J Faizul Islam Chawdhury J Md. Obaidul Akbar........................Appellant Vs. East Pakistan Provincial (now Bangladesh) Co­operative   Bank   Ltd..........Respondent Judgment ...... - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 523   ...... High Court Division (Original Civil Jurisdiction) Present: Debesh Chandra Bhattacharya J Faizul Islam Chawdhury J Md. Obaidul Akbar........................Appellant Vs. East Pakistan Provincial (now Bangladesh) Co­operative   Bank   Ltd..

Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3

Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)

....been urged on behalf of the petitioners that cognizance has been taken of the persons who were acquitted by the learned Assistant Sessions Judge and against which there was no appeal preferred by the Government. It has further been urged |ha| the learned Sessions Judge before taking fresh cognizance......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.   ...... DLR (HCD) (1978) 237.   ......ction) Present: K. M. Subhan J S. M. Mohsen Ali J Abdul Wadud Sikder and others....................Petitioners (In C.R. No.176 of 1970) and (In C.R. Nos. 202 to 208 of 1970) Vs. State.........................................Opposite parties (In all the revisions) ..

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)

....e, taken made or issued under the corres­ponding provision of this Act " 15. It is to be noted that under section 42 of the Labour Disputes Act, 1965 the legislature conferred upon the Government the power to make rules for carrying into effect the purpose of the Act. The releva......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: ......ase is also Reported in: ......Appellate Division (Civil) Present: AM Sayem CJ Syed AB Mahmud Husain J AFM Ahsanuddin Chowdhury J Aminul Islam and others. ....................Appellant. Vs. M/s. James Finlay & Co. Ltd. Khulna............Respondent (In Civil Appeal No. 1 of 19..

Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134

Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)

....ip;……Opposite Party Judgment March 8, 1974. Result: The Rule is made absolute, Allowed Case Referred to-  (1967) 19 DLR (SC) 403-Golam Jilani Vs. The Government of West Pakistan, P.L.D. 1967 (SC) 373, Abdul Baki Vs. The Government of Pakistan, (1963)......se is counter-plotting   (?) to be started against   him   for   making conspiracy,   waging   war   against State and other anti-Bangladesh movements. For further investigation and deve­lopment of the case it is necessar......R (SC) 403-Golam Jilani Vs. The Government of West Pakistan, P.L.D. 1967 (SC) 373, Abdul Baki Vs. The Government of Pakistan, (1963) 20 DLR (SC) 249; P.L.D. 1968 (SC) 313; Government of West Pakistan and another Vs. Begum Agha Abdul Karim Shorish Kashmiri, (1969) 21 DLR (SC), P.L.D. 1969. (SC) 14. ......onal Jurisdiction) Present: Fazle Munim J A.T.M. Masud J Tafur Uddin………………………………Appellant Vs. The State …………………………&..

Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2

Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)

....9, impleading the peti­tioner Haji Gura Meah Shah as purchaser opposite party No.1 and the vendor opposite party Nos. 2 and 3 and other co-sharers of the khatian as opposite party Nos.4-6 and the Government of Bangladesh as opposite party No.8. 3. Purchaser petitioner Haji Gura Mia conteste......the peti­tioner Haji Gura Meah Shah as purchaser opposite party No.1 and the vendor opposite party Nos. 2 and 3 and other co-sharers of the khatian as opposite party Nos.4-6 and the Government of Bangladesh as opposite party No.8. 3. Purchaser petitioner Haji Gura Mia contested the case by ......ction) Present: Md. Habibur Rahman J Syed Mohammed Ali J Gura Meah Shah & others ………………….Petitioners Vs. Zahir Ahmed and others.....................Opposite Patties Judgment February 7, 1984. Result: ......il Revisional Jurisdiction) Present: Md. Habibur Rahman J Syed Mohammed Ali J Gura Meah Shah & others ………………….Petitioners Vs. Zahir Ahmed and others.....................Opposite Patties Judgment February 7, ..

Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1

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

.... which has been passed in pursuance of Ordinance No. 1 of 1964 should not be interfered with because this Ordinance was enacted in furtherance of a public policy and has been accepted to be so by the Government of Bangladesh and the learned Advocate has drawn my attention to a newspaper notice purpo......n passed in pursuance of Ordinance No. 1 of 1964 should not be interfered with because this Ordinance was enacted in furtherance of a public policy and has been accepted to be so by the Government of Bangladesh and the learned Advocate has drawn my attention to a newspaper notice purported to have b...... Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1.   ......ivision (Civil Revisional Jurisdiction) Present: Debesh Chandra Bhattacharya J Abdul Majid Bepari………………................Petitioner Vs. Kashem Ali Maloo..............................Opposite Party Judgment January 22,..

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

Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)

....ing any article or substance with a view to their use, transport, sale delivery or disposal, is carried on and includes any dock, wharf, jetty, or such other class of establishments as the Provincial Government may, by notification in the official gazette, declare to be an industrial establishment f...... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244   ......ginal Jurisdiction) Present: Fazle Munim J Nurul Alam………………........Petitioner Vs. The Chairman, Second Labour Court of East Pakistan and others..........Respondents Judgment      July 30, 1973. ...... ..

Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2

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

................................Petitioner Vs. Province of E. P. (Bangladesh) & others .......Respondents Judgment July 13, 1973. Result: The Rule is made absolute. Government Service- Dismissal of on the ground of Corruption practice The petitioner was charg......nbsp;                 Mir Alauddin Ahmed...............................Petitioner Vs. Province of E. P. (Bangladesh) & others .......Respondents Judgment July 13, 1973. Result: The ......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,......sp;                      Mir Alauddin Ahmed...............................Petitioner Vs. Province of E. P. (Bangladesh) & others .......Respondents Judgment July 13, ..

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

National Bank of Pakistan, represented by the Supdt. of Admn. Local Principal Office, Motijheel, Dacca Vs. Third Lobour Court, Khulna, 1973, 2 CLC (HCD)

....r Court shall consist of a Chairman and two members to advise the Chairman, one of the members to represent the employers and the other to represent the workmen, all being appointed by the Provincial Government) 10. A reference to the corresponding provision of the repealed enactment will be fr......he Proclamation of Martial Law dated 25.3.1969. This Writ Petition is a pending Writ Petition in terms of sub-clause (3) of clause 6 of Schedule IV of the Constitution of the People's Republic of Bangladesh read with sub-clause (5) (a) of clause 6. Mr. Asrarul Hossain, the learned Advocate appea...... 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 ......inal Jurisdiction) Present: K. Hossain J M. N. Huda J National Bank of Pakistan, represented by the Supdt. of Admn. Local Principal Office, Motijheel, Dacca........Petitioner Vs. 1. Mr. Md. Golam Mostafa, Ex-Junior Clerk; National Bank of Pakistan, Khulna. 2. Third..

Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1

Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)

....le has been annexed as Annexure "A" to this affidavit-in-opposition. This respondent thereafter purchased the said holding by a kabala dated 11-12-64 from his wife Mrs. Afioz Jahan. He is a Government servant and took house building loan of Tk. 5,808/- from the Government keeping holding i......sh;For Respondent No. 2. Petition No. 42 of 1973. Judgment Ahsanuddin Chowdhury J. - This is a petition under Article 102 of the constitution of the People's Republic of Bangladesh. On this petition the petitioner obtained the present Rule against the judgment and order......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......preme Court High Court Division (Special Original Jurisdiction) Present: Ahsanuddin Chowdhury J K. M. Sobhan J Md. Abdul Huq Miah. Advocate..............Petitioner Vs. 1. Additional 'District Judge, 1st Court, Dacca, Chairman, Special Tribu­nal under ..

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

Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)

.... obtaining a receipt from her made the same over to the plaintiff. Thereafter, the plaintiff got the suit land recorded in the Rent Roll on the basis of the aforesaid kabala and also paid rents to Government. Defendant No.1, Narendra Nath Pal, son-in-law of Profulla filed an objection under sect......le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ......sion (Civil) Present: AM Sayem CJ Muhammad Abdullah Jabir J Md. Shahed Faruque………………..........................Petitioner Vs. Mosammat Matiunnessa Khatun and others........Respondents Judgment February 2, 1973. Result: The Rule is d...... Supreme Court Appellate Division (Civil) Present: AM Sayem CJ Muhammad Abdullah Jabir J Md. Shahed Faruque………………..........................Petitioner Vs. Mosammat Matiunnessa Khatun and others........Respondents Judgment February 2, 1..

Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3

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

.... 706; P LD. 1965 (S.C.) page 37. Wherein their Lordships while considering plaintiff's claim for compensation money under an agreement for sale of land which had been compulsorily acquired by the Government, followed the English principle of law creating vendee's "equitable estate"...... 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     ......urt Division (Civil Appellate Jurisdiction) Present: Ruhul Islam J Seru Mia…………………Defendant-Appellant Vs. Fajilatennessa and others.…………Defendant-Appellant Judgment January 8, 1973 ......reme Court High Court Division (Civil Appellate Jurisdiction) Present: Ruhul Islam J Seru Mia…………………Defendant-Appellant Vs. Fajilatennessa and others.…………Defendant-Appellant Judgment..

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)

....determined before trial. The learned Subordinate Judge decided by his impugned order that the suit was maintainable. 4. The plaintiff-opposite party, in its counter-affidavit has stated that the Government of Bangladesh by Notification No.Ind-14 vested 16/74/336 dated 30-6-75 placed the plainti......ore trial. The learned Subordinate Judge decided by his impugned order that the suit was maintainable. 4. The plaintiff-opposite party, in its counter-affidavit has stated that the Government of Bangladesh by Notification No.Ind-14 vested 16/74/336 dated 30-6-75 placed the plaintiff firm under ......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......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: S. Ahmed J M.H.Rahman J Dinajpur Industries Ltd................................Petitioner Vs. M/s. Hardeo Glass, Alu­minium, Enamel & Sili­cate Works……Opposite..

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

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

....bour wages, salaries of the staff, the Provident Fund Contributions, etc. are all in arrears should be run efficiently by the Second party for the preservation of the property and also for payment of Government revenues. The First party authorises the second party to:— i. Immediately take......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   ......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 ...... High Court Division (Civil Revisional 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, 1..

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