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Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)

....he "pending case" to be kept alive, the provision of the General Clause Act, 1897 would be inapplicable in the present case. In this connection he referred to the case of Public Prosecutor, Government of Pendichari Vs. Abdul Aziz Khan and another, reported in A.I.R. 1970 (Mad)-311. Mr. Cho......ing of Section 36(2) (b) of the Special Powers Act and in support of his contention he relied on the decision of the Appellate Division of this Court in the case of solicitor, Government of Bangladesh Vs. A.T. Mridha, reported in 26 D.L.R. 17. Mr. Chowdhury has also submitted that if after......ellip;………………………Respondents Judgment September 3, 1975. Result: The Rule is discharged. Tofazzal Hossain Sardar and others Vs. The State; Abu Tayab Md. Mashood and Tipu Vs. the State, respectively at page 36 and ......l Jurisdiction) Present: A. T. M. Masud J Amirul Islam Chowdhury J Hasan Ali Daftary & others…………………..….Appellant Vs. The State…………………………&h..

Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2

Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh, 1975, 4 CLC (HCD)

....e is, therefore, requested to take necessary action in consultation with the C.D.A. and send a draft notice for withdrawal of the said land under section 8B of the Act for further action by Government. Deputy Commissioner's case records relating to L.A. Case No. 21/65/66 received ...... Present: Fazle Munim J Shahabuddin Ah­med J Abdul Mannan................................Petitioner Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh…………...............Respondents Judgment September 2,......urt Division (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ah­med J Abdul Mannan................................Petitioner Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh………….............eme Court High Court Division (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ah­med J Abdul Mannan................................Petitioner Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh……&..

Category: Property Law | Date: 2 Sep, 1975 | Hits: 3

The College of Music Vs. Secy. Revenue Depart¬ment, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others, 1975, 4 CLC (HCD)

....ioner who happened to be the Chairman of the Governing Body of the College the respondents filed an application u/s. 4A(2) of the Act (which I will call the said Act) to the then Provincial Government. The secretary Revenue Department, who heard the application on 2-8-69, held the order of......(Special Original Jurisdiction) Present: Fazle Munim J S. Ahmed J The College of Music ............................Petitioner Vs. Secy. Revenue Depart­ment, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others..............Respondents Judgment Ju......July 30, 1975. Result: The rule is discharged Lawyers Involved: Mirza Golam Hafiz, with Md. Abdul Aziz—For the Petitioner. M.M. Haque, A.A.G.—For Respondent No. 1 and 2. Ahmed Subhan with A. Hasib and A.Y. Salehuzsaman—For Respondent Nos. 4 and 6. ......; ..

Category: Property Law | Date: 30 Jul, 1975 | Hits: 3

Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)

....rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594    ......pondents. S.M. Nurul Alam—For Respodt. Nos. 3-4. Petition No. 1231 of 1974 In tie Matter of:(An application under Article 102 of the Constitution of the People's Republic of Bangladesh.) Judgment Shahabuddin Ahmed J. — In this application under Article ......isdiction) Present: Shahabuddin Ahmed J S.M. Hussain J Amizuddin Ahmed…………......................Petitioner Vs. Election Tribunal, Narayanganj and others…..........Respondents Judgment July 7, 1975. Result: The Rule ......ourt Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J S.M. Hussain J Amizuddin Ahmed…………......................Petitioner Vs. Election Tribunal, Narayanganj and others…..........Respondents Judgment J..

Category: Election Law | Date: 7 Jul, 1975 | Hits: 3

Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus¬tody) Vs. The State, represen¬ted by Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Eden Bu¬ildings, Dacca, 1975, 4 CLC (HCD)

....rintendent Chi­ttagong Jail………………....For the Petitioner Judgment June 26, 1975. Result: The rule is made absolute. Order of the Government Needed to Extend Initial Detention— The absence of the initial detention beyon......son of late Sadar Ali, accused in cus­tody)......Petitioner  Vs. 1. The  State,   represen­ted by Secretary, Ministry of Home   Affairs,  Govt. of Bangladesh, Eden Bu­ildings, Dacca. 2. Sub-Divisional Ma­gistrate, Sadar (North) Chitta......ssion of the charge-sheet before the Special Tribunal has rendered the deten­tion illegal. The detention of the accused beyond the initial period of 6 months after his arrest is thus illegal and with­out lawful authority and he is being held in custody without lawful authority and in an......Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin J Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus­tody)......Petitioner  Vs. 1. The  State,   represen­ted by Secretary, Ministry of Home  ..

Category: Administrative Law | Date: 26 Jun, 1975 | Hits: 2

Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)

....er of fact, he recorded findings regarding irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article 9(i) of the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 (hereinafter referred to as 'the Order......d when, as a matter of fact, he recorded findings regarding irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article 9(i) of the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 (hereinafter referred to as ......dings regarding irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article 9(i) of the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 (hereinafter referred to as 'the Order' inasmuch as he found tha...... ..

Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3

Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)

....e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521       ......hese sub-centers which were conducted peacefully, the Presiding Officer declared the petitioner elected Vice-Chairman of the Union Panshad. The result of the election was accordingly published in the Bangladesh Gazette as per rule 43 of the Union Parishad and Pourashava Election Rules, 1973. The res...... Lutfur Rahman………………………………….Petitioner Vs. 1. Election Commission Dacca. 2. M.R. Talukdar, Munsif and Election Tri­bunal, Kurigram....the Respondents Judgment June 3, 1975. Resul......) Present: Fazle Munim J Shahabuddin Ahmed J Lutfur Rahman………………………………….Petitioner Vs. 1. Election Commission Dacca. 2. M.R. Talukdar, Munsif and Election Tri­bunal, Kurigram..

Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1

Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....risdiction) Present: Fazle Munim J    Shahabuddin Ahmed J  Abdur Rashid and another………………..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent Judgmen......J    Shahabuddin Ahmed J  Abdur Rashid and another………………..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent Judgment May 22, 1975 Result: The R......nbsp;   ......iginal Jurisdiction) Present: Fazle Munim J    Shahabuddin Ahmed J  Abdur Rashid and another………………..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent ..

Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7

Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)

....cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662       ......n) Present: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents Judgment May 20, 1975. Ban......sent: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents Judgment May 20, 1975. Bangladesh Uni......n (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents J..

Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1

Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908

....tened at the time of the occurrence. The plaintiff laid his claim for damages and compensation in respect of various items of injuries at a total sum of Tk. 2 lacs. The suit was contested by the Government of East Pakistan as well as by the contractor, Defendant No. 2, by filing separate writte...... 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         ......;     ......nt: D.C. Bhattacharya J A.S. Faizul Islam Choudhury J Abdul Awal and others…………………………….Appellants Vs. Mofasiluddin Ahmed and others……………Respondents Judgm..

Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5

Eastern Hosiery Mills Sramik Bahumukhi Samabaya Samity Ltd Vs. Govt. of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....o. 21 & 22 of 1973 Judgment Fazle Munim J. — These 2 petitions were heard together. The common question raised by the petitioners in these two petitions relates to the validity of Government Notification No. IM-XV-41/72/521, dated 14. 12. 72, by which the Ministry of Industries, ......Petitioner (In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Sa­mity Ltd...Petitioner (In Writ Petition No. 22 of 1973.) Vs. Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both the cases) Judgment April 28, 1975. ......(In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Sa­mity Ltd...Petitioner (In Writ Petition No. 22 of 1973.) Vs. Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both the cases) Judgment April 28, 1975. Result......Sramik Bahumukhi Samabaya Samity Ltd...........Petitioner (In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Sa­mity Ltd...Petitioner (In Writ Petition No. 22 of 1973.) Vs. Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both..

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)

....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   ......               In the matter of: Am application under Article 102(2) (a) (ii) of the Constitution of the People's Republic of Bangladesh. Judgment Fazle Munim J. — This Rule is directed against an order of Awar......975 Result: The Rule is made absolute. Cases Referred To- Farquharson Vs. Morgan, Queen’s Beach Division (1), 1894, 552 at page 558; Lord Denman in Bodenham Vs. Rickets; Lal and others Vs. The Crown, reported in 6 DLR (P.C.), 38 Lawyers involved: M. H. Khandker-Fo...... Present: Fazle Munim J Shahabuddin Ahmed J Badruddin……………………………………Petitioner Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another….....Respondents ..

Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2

Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)

....rdinate Judge was clearly wrong in holding that the amendment introduced by Ordinance No. 53 of 1962 whereby Pakistan accepted the notification issued under section 2 of the Act by the late Government of India before The Independence Act; 1947 as a Notification, deemed to have been issued ...... were resisted, by the petitioner denying the material allegations of the opposite party and praying for dismissal of the suits on the ground, inter alia, that the said awards were not enforceable in Bangladesh. 4. On the prayer of both parties the learned Subordinate Judge took up the question......5. Lawyers Involved: Moinul Hossain, Mozammel Hoque Khan —For Petitioner (In both the Rules). M. Hafizullah—For Opposite Party (In both Rules). Civil Revision Nos. 628 and 629 of 1973 Judgment D. C. Bhattacharya J. —These two rules raise a certain ques...... High Court Division (Civil Revisional Jurisdiction) Present: D.C. Bhattacharya J S. M. Mohsen Ali J Messrs. Haji Azam………….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment April 2..

Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3

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