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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   ....... C. Das—For the Res­pondent No. 2. Petition No. 235 of 1973.                  In the matter of: Am application under Article 102(2) (a) (ii) of the Constitution of the People's Republic of Bangla..

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

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

....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   ......y learned Attorney General on the decision of Indian Supreme Court in the case of Satyadhran Ghosal and others Vs. Smt. Deorajin Debi and another, reported in A.I.R. 1960 (S.C.) 941. In that case, an application under section 26 of Calcutta Thika Tenancy Act was dismissed by a Munsif and o..

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

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

....lusive) shall be excluded. As has been noted on 15.5.71 the Misc. case was dismissed for default. The executing Court recorded the following order:- O.P. files hazira. A.P. files hazira and fresh power. Petitioner files no hazira nor takes any step and found absent on repeated calls. Misc.......ution, and a house property at Hatkhola of the judgment-debtor was attached and put to auction sale on 1.8.70. Syed Maksud Ahmed the petitioner is the auction-purchaser. Judgment-Debtor Basu filed an application under Order 21 rule 90 of Civil Procedure Code on 29.8.70 for setting aside sa..

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

Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)

....uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in:  28 DLR (AD) (1976) 57. ......e decisions of the courts below are set aside and the case sent back to the executing Court to consider the question whether Respondent-Obaidul Huq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported ..

Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271

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

....to prove the said allegations. If it could be shown that there were represent nations to the authority that the plaintiff's building was outside the requisitioned land that there was a prayer for fresh local inspection and the construction was really outside the requisitioned land and that inspi......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)

....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.   ......fined to the Companies registered under the Companies Act we think that the principle involved there is equally available in the case of partnership which are registered under the Partnership Act. In application of the said principle we find in this case that the plaintiff company was formed only at..

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

Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)

....ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......st Information Report according to his statement, but simply took his L.T.I, on a plain paper. Subsequently when he came to learn that the F.I.R. was not recorded according to his wishes, he filed an application to the committing Magistrate stating this allegation against the Daroga. The Daroga, P.W..

Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2

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

.... on 14.9.54, as notified in the notice Ext.4, on account of the postponement of the sale for the best interests of the parties and the sale was ultimately held on 1.10.54, there was no necessity of a fresh notice as the Bank was under no obligation to intimate the subsequent date of the sale. The le...... to the finding that there was no agreement for payment of the money in installments and that the idea of the sale was never dropped. No doubt, there is evidence on record that the plaintiff filed an application, which has been marked Ext. C, on 6.9. 54 playing for installments for payment of the de..

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

Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)

....e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ......pondent No.1) entered appearance by caveat and opposed the petition firstly, on the ground of limitation and secondly, on merit. 4. The petition for special level was barred by 68 days and an application was filed for condonation of the said delay. 5. Mr. Ahmad Sobhan, learned Counsel..

Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7

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

....ion for withdrawal of the case which was allowed by the learned Magistrate, Mr. J. Ahmed by an order dated 20-1-66 and he discharged the accused persons under section 494 of The Code. Eight fresh cases were started on the same date against the petitioners and others being G.R. case Nos. 32......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)

....-63 the services of the said worker were terminated. It was submitted that the termi­nation of the services was done without any reference to the past activities of the worker, and hence it was a fresh action having bad no connection with the previous charge which was ultimately withdrawn. This ......inul Islam raised a Labour Dispute which was referred to a Conci­liation Officer. The attempt at conciliation having failed, the seven representative workers as the First Party filed on 8-5-67 an application under section 6 of the East Pakistan Labour Disputes Act, 1965 (hereinafter called the A..

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

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

....th effect from 2-10-73 he was shown detained under section 17(1) of the Bangladesh Public Safety Ordinance by the Government. The grounds of detention were communicated to the petitioner. A fresh order under section17 (1) of the Bangladesh Public Safety Ordinance was issued on 2-1-74 ...... A.T.M. Afzal, Deputy Attorney-General with Abdul Hasib, Assistant Attorney-General— For the State. Criminal Miscellaneous Case No. 190 of 1973. Judgment Fazle Munim J. - On an application under section 491 of the Code of Criminal Procedure by a friend of the petitio..

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

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

....nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160   ......ellip;……………….Petitioners Vs. Zahir Ahmed and others.....................Opposite Patties Judgment February 7, 1984. Result: The application is rejected. Lawyers Involved: Fazlul Karim—For the petitioner. An ..

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

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

....undamental right remains in force but if the fundamental right is taken away by necessary enactment, the shadow is removed and the law automatically comes into life and regains full force without and fresh legislative act. But in case of a post-constitutionals law coming into a clash with a fundamen......hman—For the Petitioner. Miah Abdul Gafur—for the Opposite parties. Revision Case No.650 of 1971. Judgment Debesh Chandra Bhattacharya J.- This Rule arising out of an application for setting aside an auction sale of certain lands held under Order 21, rule 90&nbs..

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)

....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         ......t of the Head Clerk who on his own showing was to be blamed partially which resulted in the compulsory retirement order of the said Head Clerk. This aspect of the case brings out the fact that proper application of mind was not made in the facts and circumstances of the case by the punishing authori..

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

Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)

....tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......nvolved: Abdul Hamid—For the Petitioner. No one—For the Opposite Party. Civil Revision No.1436 of 1967. Judgment D.C. Bhattacharya J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure against an order of rejection..

Category: Contract Law | Date: 11 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)

....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.   ......lved: Asrarul Hossain, A. Azim, Advocate—For the Petitioners. Moinul Hug, H. K. Abdul Hye, Advocate— For the Respondents. Petition No.201 of 1971. In the matter of an application under Article 98 of the late Constitution of the Islamic Republic of Pakistan, 1962 read..

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

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

....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   ...... The petitioner thereafter filed a Misc. Case being No. 125 of 1970 in the 6th Court of the Munsif Dacca for setting aside the ex parte decree passed in Title Suit No. 190 of 1968. A copy of the said application has been annexed to this petition as Annexure 'B' The said miscellaneous case un..

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

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

....The learned Munsif on examination of the recitals in the agreement Exhibit 2 held that the right of reconveyance was not limited with the vendor only, and the right was assignable. With regard to the fresh agreement between the vendor and the vendee as claimed by the principal defendant the learned ...... These principles are not to be retarded as being foreign to the Act, merely because it s the statute law of a .country other than England. They are to be treated as of the essence of the Act, in its application to cases arising thereunder. One of these principles, of respectable antiquity, and univ..

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)

....s. The suit is pending for a long time. It may be disposed of as expeditiously as possible. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 158. ......ng the aforesaid Notification dated 6-10-65. 3. The defendant filed on 14-9-68 a written Statement contending inter alia, that the suit was not maintainable. On 10-4-1969 the petitioner filed an application for decision on the issue of law before settlement of other issues. The learned Subordin..

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