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Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
.... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ......he suit land and the possession of their predecessors Daud Hossain and Insan Sk. in the suit land by any competent and reliable witnesses. 4. On appeal the learned Subordinate Judge reversed the decision of the trial Court and dismissed the suit holding inter alia that the plaintiffs have "..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
....an Ahmed, Deputy Attorney-General - For the Respondent. Civil Revision Case No. 627 of 1973. Judgment K M Subhan J.- This Rule obtained by the plaintiff-petitioner is from order No.38 dated 24-3-73 passed by the learned Subordinate Judge of the 2nd Court, Bakerganj in Miscellaneous C...... with section 151 of the Code, was filed which was allowed by the impugned order. 5. Mr. Shahid Alam, the learned Advocate, appearing on behalf of the petitioner, has submitted on the basis of a decision in the case of The Sind Tanneries Ltd. Vs. Hajee Mohammedin & Co. reported in 8 DLR 719..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
.... the judgment and order passed on 16.3.74 in Title Suit No. 339 of 1973 by the learned Subordinate Judge, 1st Court, Dacca. The plaintiff filed a suit for declaration that the judgment and order dated 28.7.73 passed by Mr. K. A. Hossain, Assistant Collector, Customs and Excise, Division J, is v...... as such the suit was impliedly barred and the suit was not entertainable under section 9 of the Code of Civil Procedure. The learned Subordinate Judge on consideration of a large number of decisions cited before him and on hearing the parties allowed the application filed by the Governmen..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
.... the Emergency Powers Rules, 1975 it is necessary and expedient to make an order for his detention.
NOW, THEREFORE, in exercise of the powers conferred on me in Govt. Order No. 131-MHA-Sec. (VI) dated 14th January, 1975, I do, hereby direct that the aforesaid person be detained in the Jessore C...... doing anything.”
It will be noticed that in the original clause:
“of grounds appearing to such authorities be reasonable.”
was omitted by amendment in 1968 after the decision of Ghulam Jillani's Case repotted in 19 D.L.R. (SC) 403. The Supreme Court held that in..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....- For the Respondents. S.R. Pal, Senior Advocate, instructed by Abdur Rab-II, Advocate on Record - For the Respondents. Civil Appeal No. 49 of 1977. (From the judgment and decree dated November 10, 1976 passed by the High Court Division in First Appeal No.37 of 1975.) Judgm......ons. He further submitted that the agreement between the appellant in so far as it aimed at the creation of the tenancy was not for any unlawful object. 11. The learned Counsel referred to a few decisions where the distinction between the two terms, ‘object’ and ‘consideration..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....dash;For the Respondents Nos.1 and 2.
Writ petition No. 957 of 1974.
Judgment
Shahabuddin Ahmed J.-This Rule under Article 102 of the Constitution calls in question an order dated 20.7.74 (Annexure C) of respondent No.1, the General Manager, Khulna Shipyard Ltd. made in pur......orker under any law or agreement specific remedy has been provided under section 34 of the Industrial Relations Ordinance, 1969. In support of this contention he has relied upon a member of decisions particularly a recent decision of this Court in Writ petition No. 1422/74. In has been hel..
Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....General—For Respondents No.2. Writ petition No. 248 of 1977. Judgment Ruhul Islam CJ.— This rule Nisi was issued with a view to examine the legality of the impugned order dated the 5th January, 1977 passed by the Additional Sessions Judge and Special Tribunal No.II. Comi......charge-sheeted, it can give a direction to the police for further investigation. While doing so, the Special Tribunal cannot give direction for submission of charge-sheet. Mr. Chowdhury relied upon a decision of this Court referred to in the impugned order itself, namely, Monomohan Shaba Vs. The Sta..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....on-record—For Respondent No.3. Ex-Parte. Respondent Nos.4 & 5. Civil Appeal No.19-D of 1968. (From the judgment and decree passed in the High Court of East Pakistan, Dacca dated 27th April, 1969. in Appeal from Appellate Decree No.181 of 1954). Judgment Fazle M......e after the goods left the ship was clearly that of the plaintiff in accordance with provisions of the aforesaid clause of bill of lading". The learned Judges of the High Court differed from the decision in Adam Limited Vs. East West Steamship Company, PLD 1962 Karachi 715 which had held that t..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....ed in this case is as to whether the plaintiffs had acquired any right, title and interest in the suit land as against contesting defendant No. 1 and 6 by adverse possession of the suit land from the date of the execution of the patta when evidently the contesting defendants were minors and their mo......rity by the contesting defendants concerned till the institution of the present suit, the plaintiffs were not in adverse possession of the suit land as such. 9. On this question various judicial decisions have been cited by the learned advocates concerned. The learned Advocate for the appellant..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....tion and Tenancy Act hereinafter referred to as the Act. 2. Tahrul Karim alias Tuhurul Karim Khan Chowdhury filed an application under section 96(1) of the Act for pre-empting transfer dated 20.1.69 on the assertion that he is a tenant holding land contiguous to the and transferred. I......, the person who is a co-sharer by purchase and also a tenant holding land contiguous to the land transferred, the pre-emptor in Misc. case No. 61/69. 7. The appeals were filed against aforesaid decision of the learned Munsif by Abdul Hashim, the pre-emptor in Misc. case No. 61/69. Both these a..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....sh;For the appellant. A. K M. Moztmmel Huq Bhuiya, Advocate, instructed by M. R. Khan, Advocate on Record-For the Respondent. Civil Appeal No.66-D of 1970. (From the Judgment and Order dated 1-12-1967 passed by the Dacca High Court in Reference Case No.17/66). Judgment ......late Assistant Commissioner who, then, by his order dated 12-3-60, set aside the assessment and directed reassessment in accordance with law. In the meantime the Supreme Court of Pakistan by its decision dated 3-2-60 in the case of Radha Shyam Agarwala Vs. Commissioner of Income Tax, (1960..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....r the Petitioner. Faruque Ahmed—For Respondent No. 2. Petition No. 1365 of 1974. Judgment Ruhul Islam CJ.—This application is directed against the judgment and order dated 20th August, 1974 passed by the Labor Court, Khulna in Miscellaneous Case No. 34 of 1974 (I.R....... Labor Court functions as a Civil Court, there cannot be any objection to entertain an application under Order IX, rule 13. In support of the above proposition the learned Advocate relies upon a decision of the Dacca High Court in the case of M/s. M.M. Ispahani Vs. Chairman, Second Labor Court ..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
.... Rab, Advocate-on-Record under Order XLV, Rule 1, Supreme Court Rules. Civil Appeal No.11 of 1974. (On Appeal from the Judgment and the Order of the High Court of Bangladesh, dated the 3rd July, 1972 in Appeal from Original Order No. 19 of 1970.) Judgment K......Hossain J. — The short point of law involved in this appeal is whether the judgment of the Supreme Court of Pakistan pronounced on 6th October, 1971 during the Court of Liberation War is a valid decision. 2. The question arises from an order of the High Court of Bangladesh, passed on appea..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....p;342 and 323 of the Penal Code but in respect of the accused-petitioners final report was submitted. The learned Sub-divisional Magistrate on perusal of the police report by his order dated 27-12-72 took cognizance of the case in, respect of the 22 accused but discharged the petition......ther enquiry into the matter but after a lapse of, 6 months filed a fresh complaint on the same facts and upon the same allegations. Mr. Mirza Golam Hafez in support of his contention has relied on a decision of the Supreme Court of Pakistan in the case of Abul Hossain Sana Vs. Suwalal Agarwala and ..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
.... Appellant (In Appeal No.12 of 1967). Appeal No. 12 of 1967. Judgment Ruhul Islam CJ.—Appeal No. 12 of 1967 preferred by the defendant is directed against the judgment and order dated 17th August, 1967 passed by A.M. Abdullah, J. in Admiralty Suit No.1 of 1966. Appeal No.1 of 1......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
....remaining co-sharer tenants or tenants holding land contiguous to the land transferred to join the application for preemption within the period mentioned in sub-section 1) or within two months of the date of service of notice of the application under clause (b) of sub-section (3), whichever is earli......circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417. ..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
....-on-Record-For the Appellant.
Mozammel Huq Bhuiyan, Advocate, instructed by S.S. Hoda, Advocate-on-Record-For the Respondents.
Civil Appeal No.16 of 1973.
(From the Judgment and Order dated 12.3.70 passed by the Dacca High Court in Writ Petition No.586 of 1967.)
Judgment
De......948-49 against the income of the assessment year in question was concerned. In support of his contention, learned Counsel has relied upon three cases of the India jurisdiction, namely, a Single Bench decision of the Punjab High Court in the case of the Late Rajeswar Prasad Vs. Income-tax Officer (19..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....an Hossain Khan, Deputy Attorney General—For the Respondents. Writ petition No. 1025 of 1974 Judgment Ruhul Islam CJ.- In this application legality of the order dated 25th July, 1974 directing the compulsory retirement of the petitioner from his service under s......categorically stated that the impugned order of retirement is a retirement simplicitor unconnected with the Departmental proceedings. 11. The view we are taking in the matter gets support from a decision of the Supreme Court of India in the case of Shyamlal Vs. State of Uttar Pradesh and anothe..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....tioner. Sultan Hossain Khan, Deputy Attorney-General—For respondents. Writ Petition No.1025 of 1974. Judgment Ruhul Islam CJ.—In this application legality of the order dated 25th July, 1974 directing the compulsory retirement of the petitioner from his service under s......categorically stated that the impugned order of retirement is a retirement simplicitor unconnected with the departmental proceedings. 11. The view we are taking in the matter gets support from a decision of the Supreme Court of India in the case of Shyamlal Vs. State of Uttar Pradesh and anothe..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....d, Advocate, instructed by S.S, Hoda Advocate-on-Record—For Respondents Nos.1 and 2. Ex-parte-Respondents No.3-7. Civil Appeal No.14 of 1976. (Appeal from the judgment and order dated 18th June, 1974 passed by a Division Bench of the High Court in Writ Petition No. 306 of 1973)......th the direction necessary documents were submitted. The Chairman, thereafter submitted all those documents to the ministry for its consideration. But the Government did not communicate any decision to the firm. On 15th February, 1973, however, two flats of the respondents firm were handed..Category: Others | Date: 27 Jan, 1977 | Hits: 217
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