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Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)

....er dated 11-2-74. The learned Magistrate was, therefore, justified in rejecting the petition by his order dated 11-2-74. It has further been submitted that the 1st party petitioner could have filed a fresh application for drawl up of proceeding under section 145 of the Criminal Procedure C......Huq-For the Petitioner Fakhrul Islam for Shah Md. Sharif-For Opposite Parties. Criminal Revision No. 786 of 1974. Order M.A. Khaliq J. – This rule arises out of an application filed by the 1st party petitioner for setting aside the order dated 11-2-74 and 11-3-74 ..

Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1

Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)

....proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66.     ......;         S.C. Das—For Opposite Party No.1. Criminal Revision No. 346 of 1978. Judgment Mohammad Habibur Rahnnan J.- This revisional application under section 435 and 439 of the Code of Criminal Procedure is direc..

Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1

Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)

....e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......p;         S.C. Das—For Opposite Party No.1 Criminal Revision No. 346 of 1978. Judgment Mohammad Habibur Rahnnan J.- This revisional application under section 435 and 439 of the Code of Criminal Procedure is direc..

Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1

Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)

....nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......atural justice is to be read as embodied in the statute by which an action is permitted to be taken under the statute affecting the right of any party unless the statute by express words excludes the application of the principles of natural justice. 11. It was argued that rule 7 did not contai..

Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96

R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)

....nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346.     ......titioner. Zamiruddin Sarker and Mozammel Hoque—For the Respondents. Writ Petition Nos. 252 and 194 of 1976 Judgment Shahabuddin Ahmed J.—These two rules, issued on two applications under Article 102 of the Constitution call in question certain decisions of t..

Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3

Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)

....d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424.   ......en J.-This Rule at the instance of one of the heirs of the deceased plaintiffs is directed against an order of the learned Munsif refusing, to make the preliminary decree final on the ground that the application was made after a long lapse of 43 years. The learned Munsif, however, noticed an order d..

Category: Property Law | Date: 20 Jun, 1978 | Hits: 3

A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)

....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156         ......hy;man, alias Mujibar Rahman................Petitioner Vs. Returning Officer & others...................................Respondent Judgment June 2, 1978. Result: The application is rejected. Lawyers Involved: K S. Nabi, A. Hasib-For the Petitioner. K...

Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4

Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)

....". Regulation 12 provides for the penalty for the illegally acquired property "whether it was acquired before or after the commencement of the Regulation". Regulation 7(b) provides for fresh trial for withdrawn cases which were withdrawn at any time before the commencement of any Regu......Compensation Commission, reported in 1969 (2) Appeal Cases 147 the House of Lords considered section 4 of the Foreign Compensation Act, 1950 "the determination by the Commission of any application made to them under this Act shall not be called in question in any Court of Law." T..

Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3

Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)

....Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421   ......hese two Rules are directed against two orders of the learned Munsif in two different proceeding under section 143A of the State Acquisition and Tenancy Act. The learned Munsif rejected the application for addition of parties in each of the proceedings. 2. One Rahul Amin Sardar filed ..

Category: Property Law | Date: 2 May, 1978 | Hits: 1

Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)

....o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240.   ...... dry but for rule 22 of Order 41 which gives him liberty to urge the grounds decided against him in the Court below in support of his decree. Where a suit is wholly decreed or dismissed the application of rule 22 does not create any difficulty. It is only when a suit is decreed in part, co..

Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1

Saifuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Manage¬ment Board, 1978, 7 CLC (HCD)

....made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 107 ......ssion in any manner. It appears from the certified copy of the order sheet annexed to the petition that the suit was fixed for ex parte disposal on 30-12-74 and the opposite parties No. 6-11 filed an application on 24-12-74 for being added as defendants in the suit. The learned Munsif by his order d..

Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3

Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)

....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......Appellants  Vs. M/S. Pakistan Tubewell Company……………..Respondent Judgment April 14, 1978. Result: The rules are made absolute by allowing applications. Inter-connection and inter-dependence of the two firms- The incomes of the ..

Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3

Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)

....ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......m, instead of from us in a matter like this. Article 52 of President's Order No. 11 of 1973 makes ample provision for resolving such matter as well. Mr. Islam has submitted that Article 52 has no application to a case like this and that it provides for appeals only in administrative and discipli..

Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3

Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)

.... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215.   ......This Rule arises out of an order passed by the learned Munsif, 1st Court, Sadar, Chittagong, allowing amendment of the plaint, impleading plaintiff No. 3 as co-plaintiff in the suit and rejecting the application under Order 7 rule 11 of the Code of Civil Procedure filed by the defendant. ..

Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1

Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)

.... order that was passed by the Magistrate is as under:- “Heard the petitioner. I am satisfied that there is apprehension of the breach of peace over possession of the property. Draw up fresh proceeding under section 145 Cr.P.C. restraining both parties from entering on the p......, J. after discussing the law on she subject observed. “It is not difficult to conceive of cases wherefrom the very nature of the action to be taken this principle cannot possibly have any application. Thus can it be said that, where a breach of peace it taking place in the view of the Of..

Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4

Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)

.... order that was passed by the Magistrate is as under:- “Heard the petitioner. I am satisfied that there is apprehension of the breach of peace over possession of the property. Draw up fresh proceeding under section 145 Cr.P.C. restraining both parties from entering on the p......, J. after discussing the law on the subject observed. “It is not difficult to conceive of cases wherefrom the very nature of the action to be taken this principle cannot possibly have any application. Thus can it be said that, where a breach of peace it taking place in the view of the Of..

Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1

Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)

....ns we do not find any substance in the contention. Therefore, the appeals are dismissed with­out any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......ance against an action taken by the Bank under Regulation 12(ii). It is true that both the appellants were permanent employees of the Bank but permanency of service makes no difference in the case of application of Sub-Regulation (ii) of Regulation 12. In view of the clear provisions in the Sta..

Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168

A.Z. Rafique Ahmed Vs. Bangladesh Council of Scien¬tific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others, 1978, 7 CLC (HCD)

...., any order as to costs. The prayer for special leave to appeal is made but is refused. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 222   ......of constitutional provisions and mala fide and seeking a declaration that it was made without any lawful authority and of no legal effect. 3. The respondents entered appearance and contested the application by filing an affidavit-in-opposition. They stated therein that two separate proceedings ..

Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5

Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)

....enging the impugned actions of the respondents contending that once the property was derequisitioned and possession thereof was restored it could not be taken over by the Government again except by a fresh order of requisition. 3. Mr. Rafiqur Rahman, the learned Advocate appearing for the rule ......tion 3 shall, if presented within 30 days from the date of service of the order, lie to the Commissioner. (2) The provincial Government may, at any time, either on its own motion or on application by an aggrieved party, revise any order passed by the Deputy Commissioner under section&..

Category: Property Law | Date: 24 Feb, 1978 | Hits: 2

Commissioner of Sales Tax, Chittagong Zone, Chittagong Vs. Amin Jute Mills Limited, Sadarghat Road, Chitta¬gong, 1978, 7 CLC (HCD)

....ayed for certificate to appeal to the Appellate Division which is refused. Abdul Momith Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 226.   ......Chittagong................Applicant Vs. Amin Jute Mills Limited, Sadarghat Road, Chitta­gong.......................Respondent Judgment February 17, 1978. Result: The application is rejected. Lawyers Involved: Mozammel Hoque Bhuiyan—For applicant. ..

Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2