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Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
.... for the respondents has failed to show from his affidavit-in-opposition or from his file whether any notice in this regard had at all been served on the petitioner. There is a clear violation of the principle of natural justice that a man should not be adversely affected without a hearing, and comp......hout any lawful authority and is of no legal effect. 2. The petitioner proprietor of M/s. Boys Hosiery, imported on a valid import license 1008 Lbs. of Nylon yarns in 15 cartons from Hongkong by International A.W.B. dated 16.1.73. He received the shipment document. While he was procuring other .....................................Petitioner Vs. The Govt of Bangladesh & others.........Respondents Judgment February 10, 1978. Result: The rule is made absolute. Lawyers Involved: A.M.M. Abdul Jalil—For the Petitioner. Quazi Shqfiuddin—For..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
....or as a whole- Since the appeal arose out of partition suit, the suit could not have proceeded without the deceased appellant and respondent who were both defendants in the in the suit- The principle guiding the abatement of an appeal in part or as a whole was, whether, in the event of the...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ......test is whether the suit out of which the appeal arose could be adjudicated in the absence of the deceased persons, if he had not been joined either as a plaintiff or as a defendant in the suit. Lawyers Involved: S.S.Halder—For the Appellant. Md. Abdur Rahim—For the Respon..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....'s power to review and stay the proceeding relating to handing over the possession of the undertaking was challenged, Mr. Paul has, however, found the case attractive for restatement of the legal principle, by now well established, that the authority that has the power to make an order has also ...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ......lt: The rule is discharged. Cases Referred to- Md. Shoib Vs. Govt. of Bangladesh (1975) 27 DLR 315; Md. Ismail Jafar Vs. Director-General Pak. Tel and Tel. Dept. PLD 1967 Kar. 22. Lawyers Involved: S. R. Pal-For the Petitioner. Mustafa Kamal, Rezzaque Rahman—For ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....f both the courts below are set aside. There will, however, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
......f both the courts below are set aside. There will, however, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
......
Vs.
Urea Fertilizer Factory Employees Union, Ghorasal Palash, Dacca and others....Respondents
Judgment
February 7, 1978.
Result:
The rule is made absolute.
Lawyers Involved:
Asrarul Hossain, Khaliur Rahman—For the Petitioner.
A. R. Yusuf, A..
Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......yee Samabaya Samity Ltd...........Petitioner Vs. Bangladesh.................................Respondent Judgment February 3, 1978. Result: The rule is made absolute. Lawyers Involved: Rafiqul Islam— For the Petitioner. Abdul Hamid Chowdhury—For..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ......dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ......India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; A.I.R. 1967, SC-1264; (P.L.D. 1958, S.C. Ind.) 217; Golam Sarkar Vs. Pakistan PLD 1962, S.C. 142; Md. Ismail Hussain, (1975) 27 DLR 354. Lawyers Involved: Serajul Hoque, Zakir Ahmed, Suranjit Sen Gupta—For the Petitioner. ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ......s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ...... Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; Golam Sarkar Vs. Pakistan PLD 1962, S.C. 142; Md. Ismail Hussain, (1975) 27 DLR 354. Lawyers Involved: Serajul Hoque, Zakir Ahmed, Suranjit Sen Gupta—For the Petitioner. ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
....egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......er and another………………..Respondents Judgment January 27, 1978. Result: Rules are made absolute. Case Referred to- 29 DLR 393 Lawyers Involved: Asrarul Hossain, Khalilur Rahman—For the petitioner (In all the petitio..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....ession. The defendants contested this suit denying the plaintiff's claim of title and possession altogether and questioned the very maintainability of the suit contending that it is barred by the principle of res judicata as well as by law of limitation. In view of these pleadings of the parties......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ...... to- 10 DLR 621; AIR 1945 Bombay, 45 and 67, AIR 1935, Calcutta 72. 13 DLR 89; AIR 1945 Bombay, 45; AIR 1935-Cal-792;AIR-1929, Lah, 596; AIR-1935, Cal. 641; CWN (XII)-359 AIR 1935 Cal. 642. Lawyers Involved: Serajuddin Ahmed — For the Appellant. B.N. Chowdhury, Kazi Eb..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....possession of such tenant." We fall to understand how this observation will help the appellant before us. Symbolical possession is a good as actual possession against a judgment debtor, and this principle of law was finally settled as far back as in 1917 by the Judicial Committee of the Privy C...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... Referred to- Raja Govinda Lal Roy Vs. Ramjanam Misser and others, 20.1. A 165; Almaj Khatun Vs. Ejahar Mir, 8 DLR 82; Turner Morrison & Co. Vs. Monmohan Chowdhury, 5 CWN 29 16 DLR, 582 Lawyers Involved: B.B. Roy Chowdhury, Abdur Rashid-For the Appellant. S.S. Halder, A. Y. M..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....possession of such tenant." We fall to understand how this observation will help the appellant before us. Symbolical possession is a good as actual possession against a judgment debtor, and this principle of law was finally settled as far back as in 1917 by the Judicial Committee of the Privy C...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... Biswas; Raja Govinda Lal Roy Vs. RamjanamMisser and others, 20.1. A 165Almaj Khatun Vs. Ejahar Mir, 8 DLR 82; 23 CWN 37; Turner Morrison & Co. Vs. Monmohan Chowdhury, 5 CWN ; DLR, 582 Lawyers Involved: B.B. Roy Chowdhury, Abdur Rashid-For the Appellant. S.S. Halder, A. Y. M..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....n the said case all the leading decisions on the subject including the two decisions referred to above were considered. 13. Now applying the test, it appears that not only the facts but also the principles laid down in the aforesaid decisions applied fully to the facts and circumstances of the ......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ......Thalassini and others.....................Defendants Judgment December 20, 1977. Result: The prayer is refused. Cases Referred To- Annefield's case, 1971 All England Law Reports page 394; Lord Esher M. R. Leduk & Co. Vs. Ward and others (1888) 20 Queen's Ben..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ..............Opposite parties Judgment December 15, 1977. Result: The rule is made absolute. Cases Referred to- Kailash Chandra Vs Nanda Kumar A.I.R. 1944 Calcutta 385. Lawyers Involved: Kailash Chandra Vs. Nanda Kumar, AIR 1944 Cal. 385 5. Md. NurulHuq with ..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......s. Emperor A.I.R. 1929; Tarini Yadab and another Vs. The State A.I.R. 1962 Patna page 431; Wilayat Hossain Vs. The State 20 D.L.R. (W.P.) page 4; Golam Kader Vs. The State 22 D.L.R. (W. P.) 268. Lawyers Involved: Chowdhury Jahanara—For Petitioners. Kazi Abdul Wahab—For St..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
....ld and what the report was and when and how it was made by the Police. As he was not given any opportunity to show cause to prove his innocence the impugned order terminating his service violated the principle of natural justice and was liable to be declared to be void.
3. The defendants contes......tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
......Vs. Mahtab Hussain (1977) 29 DLR (SC) 41; A.B.M. Habibur Rahman Vs. Director of Technical Education (19.69) 21 DLR (Dac) 274; Federation of Pakistan V. Raja Md. Afzal Khan (1959) 11 DLR (SC) 45.
Lawyers Involved:
M.G. Bhuiyan, Nurunnabi Khan—For the Appellant.
Sultan Ahmad, Depu..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....uch as it was not the legislative intent that the decision of the Government as to the title to such land or building should be final.
33. It may of course be rightly contended, relying upon the principle laid down in the said Pakistan Supreme Court decisions, that the summary power as had been......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......Pakistan, (1971) 23 DLR 108; Ananda Mohan Kundu and others Vs. Province of East Pakistan, (1968) 20 DLR 976 980; Watson and Company Vs. Ramchand Dutta and others, LR 17 IA 110: I.L.R. 18 Cal.10.
Lawyers Involved:
B. N. Chowdhhury, Advocate with S.C. Das Advocate, instructed by A Rab-II, Ad..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....r had to purchase the property in question within the knowledge of the pre-emptors and since then the purchaser-petitioner has been possessing the case land in his own right. So the case is barred by principles of estoppel, acquiescence and waiver. He further alleged that the case is bad for defect ......rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. .......R. (S.C) 169; Bangladesh Vs. Md. ShamsulHuq and others (FMA. 356/76);Labhu Ram Vs. Ram Pratab and others, AIR. 1944 (Lahore) 76; Sm. Nripjit Kaur Vs. Sardar Satinder Singh AIR. 1955 (Punj) 190. Lawyers Involved: A. Hasib-For the Petitioner Md. Hannan-For Opposite Parties No.1 and 2 ..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....ct being original in nature, the procedure provided in the Code of Civil Procedure, in view of section 141 of the Code is applicable, as far as it can be. 10. Keeping in view the above principles, certain decisions may be cited for our purpose, relating to the proceedings under sectio...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ......s. Farman Ali Mirdha & another 4 D.L.R. 621; Kafiluddin Chowdhury Vs. Dr. Abdus Sattar, 20 D.L.R (Dacca) 122; Mihiralal & Mihilal Dig Vs. Panchkarl Santra & ors. 54 C.W. N. 637 Lawyers Involved: Md. Abdur Rouf with Sharifuddin Chaklader-For the Petitioners (In a..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....the effect of altering the law applicable to a claim in litigation which was in existence at the time when the new law came in to force. In Maxwell's interpretation of Statutes, 11th Edition, the principle has been stated as follows: "Every statute, it has been said, which takes away o......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ....... Assessing Officer, Narayanganj Range and others..........Respondents Judgment September 1, 1977. Result: The application is allowed and the rule Nisi made is absolute. Lawyers Involved: Altaf Hossain with Md. Joynal Abedin, and Mozammel Haque Khan, Advocates&mdas..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ......The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ......id in the first instance. The discretion has given to the Court to allow Court fees to be paid at any stage by the person by whom such fee is payable…………… (24) Lawyers Involved: B.N. Chowdhury—For the Appellant. Tajibul Huq—For the Respo..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
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