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Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....upreme Court shall to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other Courts in Pakistan.” 11. The Constitutional mandate therefore was that when a High Court declared or enunciated a principle of law or decided a que......d by Chitta Ranjan Sutar was refused registration on the ground of absence of permission of the Board of Revenue as required under section 4 the said Ordinance. It has been held in the said decision that as the provisions of sections 4 and 6 of the Ordinance cannot be s..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)
....he working hours in accordance with the aforesaid section and to pay him for 3 hours at over time rate for every week worked by him; without half day's weekly holiday with effect from 1.9.65, the date on which the said Act came into force. The Respondent company, vide letter dated 16.2.69, rejec......lature could have exclude them specifically as they have done in respect of the clerks, who sit at a different place.” The learned Chairman who thought that his views were supported to the decision in the case of J.K. Cotton Spinning & Weaving Mills Co. Ltd. Vs. Labor Appellate tribun..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)
....y Attorney General—For the Respondents. Petition No. 331 of 1969. Judgment B. H. Chowdhury J.- This Rule is directed against the order of the District Controller of Food, Barisal dated 15.12.67 and of the order of the Regional Controller of Food dated 22.4.68 dismissing the peti......f Punjab and another in AIR 1963 (S.C.), 395 the Indian Supreme Court held: “Departmental enquiry held against a Government servant cannot be divided into (a) the enquiry (which involves a decision of the question whether the allegations made against the servant are true or not) and (b) t..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....The following order was then passed by the court on 19-4-67:- “Balance of consideration money of Rs. 75/- not deposited within the prescribed time. Hence the suit is dismissed as per order dated 3-4-67. There will be no cost to any Party.” 3. On 5th August. 1967 the Plaintiffs ......rcise of such power in this case in view of the fact that the conditional order has become operative, and the court has become functus officio. 8. This case appears to be clearly governed by the decision of the Supreme Court of Pakistan in the case of Shah Wali Vs. Ghulam Dim as reported in 19 ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
....tition 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 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 A...... advice was taken or tendered from the said member. The violation of the aforesaid rule, according to the learned Advocate for the Bank, goes to the very constitution of the Court itself, so that the decision given by it is illegal and without jurisdiction.
5. Mr. Huq, has contended that the ru..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....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 dated 10-1-73 passed in Tribunal Misc. Appeal No. 3. of 1972 setting! aside the order passed on 25-9......e applicant is an evacuee as defined in Clause (c) of Article 2 of the Order. A reference to article 11 clauses (1) and (4) will show that the petitioner was under a misconception of law. Because the decision made under the provisions of the Order will not debar any aggrieved party to seek remedy in..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
.... a tenant under Profulla Kumar Ghose in respect of the suit land which was under mortgage. Rai Charan sold his right, title and interest in the suit land to Sarat Sashi Devi by a registered kabala dated 9-7-28 for a consideration of Rs.600/- and put her in possession thereof. The mortgage debt w......the land in suit and for recovery of possession thereof, if found to be out of possession. 3. The petition is by defendant No.3. He neither contested the suit, nor preferred an appeal from the decision of the learned Subordinate Judge who decreed the suit with costs against defendant No.1 a..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
....for specific performance of contract. Plaintiff-respondents 1 and 2 instituted the O.C. Suit No. 52/262 of 1962 which was decreed by the learned Munsif, 2nd Court. Noakhali by hit judgment and decree dated 15th May, 1963 and those were affirmed by the learned Subordinate Judge, Additional court, Noa......ated 15th May, 1963 and those were affirmed by the learned Subordinate Judge, Additional court, Noakhali in Title Appeal No. 124 of 1963 by his Judgment and decree dated 16th June, 1965. Against that decision the present appeal was preferred. 2. The plaintiff's case in short is this that su..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
....etitioner.
Shah Md. Sharif, H.K.Abdul Hye—For the opposite party.
Civil Revision Case No. 580 of 1976.
Judgment
M. H. Rahman J.—This rule is directed against an order dated 2-3-76 passed by Mr. M. H. Rashid, Subordinate, 1st Court, Dacca in Money Suit No. 7 of 1968 r...... 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 Subordinate Judge by his..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....y;prietress of the Tea Estate on the strength of a will on the death of her father on 15-11-69, proposed to sell that Tea Estate to them, that the plaintiffs having agreed thereto a deed of agreement dated 19-2-70 a copy of which is annexure A to the plaint, was executed by the plaintiffs and t...... the time of the hearing of the suit. In the circumstances, the trial Court was clearly wrong in having come to the finding as referred to above. 9. The decision of the trial Court as to the nature of the document also does not appear to be correct..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)
....ase both the parties adduced evidence both oral and documentary. After hearing the parties and perusing materials on record the trial Court decreed the suit in favour of the plaintiff by his Judgment dated 93.85. Against the aforesaid Judgment and Decree the defendant No.1 preferred appeal before th......operty case was started in 1978 is not sufficient for coining to a conclusion that the property is an enemy property". I fully agree with the view of his Lordship expressed in the aforesaid decision. Since the law on Enemy Property itself died with the repeal of Ordinance 1 of 1969 on 23,3..Category: Property Law | Date: 3 May, 1972 | Hits: 4
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
...., Advocate ‑ For the Opposite Party No.1. Civil Rule No.627 of 1969. Judgment Abdullah Jabir J.- This petition under section 115 of the Code of Civil Procedure is directed against an order dated 20.3.69 passed in Misc. Case No.262/66 by Mr. M Islam, Dist. Judge, Chittagong rejecting the p......end the law relating to the administration and management of Waqf property of East Pakistan. Section 102 of the Ordinance clearly says that except as otherwise expressly provided in this Ordinance no decision or order of the Administrator shall be questioned in any suit or other proceeding in any Co..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
....espondent No 2 was elected the General Secretary of this Union. He contended that the second party petitioner being annoyed with his activities suddenly terminated his services by the aforesaid order dated 9.5.70 to victimise him for his trade union activities and, as such, he filed the complaint ca......The Rule is accordingly, discharged. As none has appeared for the respondents, there will be no order as to costs.
Ed.
This Case is also Reported in: 24 DLR (1972) (HCD) 250
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Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181
Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
.... instructed by Sh. Masood Akhtar, Advocate-on-Record — For the Respondent. Civil Appeal No. 29 of 1970. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 13th December, 1968, in R.S.A. No. 455 of 1967). Judgment Hamoodur Rahman CJ....... more than two years and misappropriation of her property in the form of ornaments, etc. This, suit was decreed by the trial Court, but on appeal the Additional District Judge, Lyallpur, reversed the decision of the trial Court and dismissed the suit for dissolution of marriage. 3. In second ap..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
.... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ......d Magistrate to put in writing the substance of the information was a mere irregularity, and had little to do with the jurisdiction of the Magistrate. In this connection Mr. Serajul Huq relied upon a decision of the Supreme Court in the case of Md. Ishaque vs. Nur Mahal Begum (1961) 13 DLR (SC) 138;..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
....; There is an endorsement marked Ext.l (1) to his petition to the effect: "Received today at 06.00 hours through one Shahid of Kandigram, PS Kotwali, District Sylhet and started Case No. 29 dated 24.1.66 under section 302 PPC." It appears that on this memo the first Information report......soever to examine her in the case, the Court was simply told that she was gained over. She was not even cited as a witness. On this point the learned Advocate for the appellants have referred us to a decision in the case of Khairdi Khan and others Vs. The Crown, 5 DLR (FC) 185 in which their Lordshi..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
....h are denied by the petitioner as such the same being disputed questions of fact are not required to be stated for the disposal of this Rule.
6. It appears from the record that pursuant to order dated 26-11-2012 the Divisional Commissioner, Sylhet upon investigating the matter prepared a report...... of all the "Imambaras" in the Muslim World. The respondent No. 9 also supported the statements of the respondent No. 4 regarding holding of meeting on 18-5-2003 by the local elites and the decision taken therein that no restriction be imposed on using caps, shoes and umbrellas during Ashu..
Category: Property Law | Date: | Hits: 0
....titution, the petitioner has challenged the legality of the notices under Nathi Nos.পরে-১(৩২)/কঅ-৪(চট্ট)/১২০ধারা/২০১৩-২০১৪/২৭৮ dated 26.11.2013 (Annexure-B to the writ petition) and dated 12.12.2013 (Annexure-C to th...... No costs.
Communicate the judgment to respondents No.3 and 4 at once.
J.N. Deb Choudhury J.—I agree.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 91
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Category: Fiscal/Taxation Law | Date: | Hits: 0
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
.... Nos.1-3 Civil Revision No. 4572 of 2009. Judgment Sheikh Abdul Awal J.- This rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and decree dated 24.8.2009 (decree signed on 30.8.2009) passed by the learned Additional District Judge, 7th Co...... father is entitled to be the guardian of the property of a minor, who is empowered to sell the property for the benefit of the minor. The learned Advocate to fortify his submission has relied on the decisions reported in 5 BLC 649, 59 DLR (AD) 39, 56 DLR 285, 29 DLR (SC) 211. 11. On the other ..Category: Evidence Law | Date: | Hits: 6
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....mad Azad, Advocate—For the respondent No. 1 First Miscellaneous Appeal No.165 of 2011. Judgment Sheikh Abdul AwaK J.— This appeal is directed against the judgment and order dated 28.5.2005 passed by the learned Joint District Judge, 2nd Court (in-charge), Gazipur in Miscel...... to heavy traffic jam could not reach in the Court premises at District Gazipur from Dhaka in time for taking step of her case and thus fell into an error of law resulting in an error in the impugned decision occasioning failure of justice. 10. Mr. Arshed finally submits that both the witnesses..Category: Civil Law, Procedural Law | Date: | Hits: 2
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