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Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......dar & others........................Respondents Judgment April 17, 1978 Result: The Appeal dismissed Whether dismissal of a suit amounts as a rejection of the plaint- the order of dismissal under section 8B (3) Court Fees Act is not a decree and as such no appeal li......t Ali Galdar & others........................Respondents Judgment April 17, 1978 Result: The Appeal dismissed Whether dismissal of a suit amounts as a rejection of the plaint- the order of dismissal under section 8B (3) Court Fees Act is not a decree and as such no ...... wording used in the two sections 6(2) and 8B(3) Court Fees Act and as such dismissal of a suit for nonpayment of Court fees cannot be equated with the rejection of the plaint and one cannot be, read to be the same as the other. An order passed under section 8B of ..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
....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
......dash; For the Petitioner.
Md. Yahya—For the Opp. Parties.
Civil Revision Case No.103 of 1975.
Judgment
Saifuddin Ahmed Siddiqui Chowdhury J.-This rule is directed against an order passed by the learned Munsif allowing opposite parties Nos. 6 to 11 to be added as defendants ......
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
......in: 31 DLR (HCD) (1979) 107
..
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 ......re separate entities and as such their incomes should not have been tagged together. The Tribunal after hearing the parties accepted this contention of the assessed and reversed the decision by their order dated 14.9.70 and held that the incomes of the two firms should not be tagged together observi...... however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......also Reported in: 31 DLR (HCD) (1979) 104 ..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)
....n of the Examination Committee, the respondent No.3, assured them that the In-service training would be arranged immediately after the viva voce examination and the result of the examination would be published thereafter upon completion of the syllabus thus. But without anything further, the result ...... Chairman of a department shall be appointed by the Vice-Chancellor for a term of three years only from amongst the teachers of the department not below the rank of Assistant Professor by rotation in order of seniority. (2) The Chairman of the department shall be responsible for the general sup......ged 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. ......upreme Court High Court Division (Special Original Jurisdiction) Present: S. M. Mohsen Ali J A. T. M. Afzal J Badrunnessa..........................................Petitioner Vs. Vice-Chancellor, University of Dacca and others....................Responden..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. ......ashid—For the Petitioner. Aleem-al-Razee—For the opposite parties. Civil Revisional Case No.1444 of 1977. Judgment Abdur Rahman Chowdhury J.-This Rule arises out of an order passed by the learned Munsif, 1st Court, Sadar, Chittagong, allowing amendment of the plaint, ......ite parties. Civil Revisional Case No.1444 of 1977. Judgment Abdur Rahman Chowdhury J.-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 th...... ..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)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......t appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing up formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” 2. The learned Single Judge noticed two dec......f law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......l Jurisdiction) Present: Badrul Haider Chowdhary J A.T.M Masood J Amirul Islam Chowdhory J Saber Ahmed and 30 others (2nd party)…………… Petitioner Vs. Amir Hamja & 6 others…………………&hel..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)
....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......t appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing op formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” The learned Single Judge noticed two decisi...... law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......al Jurisdiction) Present: Badrul Haider Chowdhary J A.T.M Masood J Amirul Islam Chowdhory J Saber Ahmed and 30 others (2nd party)……………Petitioner Vs. Amir Hamja & 6 others…………………..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ......his case the Court of appeal below, however, found that the plaintiff was in ejmaly possession with the defendants. In view of this finding the plaintiff cannot be pushed to a suit for partition. The order of the lower appellate Court cannot be said to be an exercise in futility, as Mr. Yasin has al...... ......S. A. Khatin No. 104. Taking advantage of the wrong entry in the S. A. Khatian the defendant were holding out threat to dispossess him from the suit land, and hence the suit. 3. Defendant No.1 alone contested the suit. Her case is that the property originally belonged to Meheruddin in Korsha ri..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....k borga settlement by a kabuliyat (Ext.1) for a term of 7 years from 1321 B.S. and the preparatory works of C.S. operation started in the locality after 1327 B.S. and the record of rights was finally published in 1925 corresponding to 1332 B.S. He has observed that "it is quite likely that the ......he land from year to year; and that during Jasmat Sardar's life time the land was taken and given borga bandabosta to others. As Jasmat was possessing the land as borgadar his name was wrongly recorder, in the C.S. record as tenant paying borga rent though he was never recognized as a tenant by ......................Respondent Judgment March 21, 1978. Result: The appeal is allowed. Cases Referred To- Kumir Mondal Vs. Pramatha Nath Chowdhury (1962), 14 DLR 801; Alimuddin Munshi Vs. Mainuddin Talukdar (1962) 14 DLR 725; Kumir Mondal and ors Vs. Pramatha Nath Chowdhury......possessed the land by their borgadars, that during the revisional settlement operation the suit land had been recorded in the names of defendants 3, 4 and 5 and they possessed the same on payment of money rent, and that the suit was barred by limitation. 4. The learned Munsif dismissed the suit..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......were taken by the defendants from the Court of Appeal below. The defendants-respondents have not entered appearance in this court. On 27.11.69 in presence of the learned Advocate of the appellants an order was passed that the appeal be made ready without the Exts. at the risks of the parties concern...... Involved: M. A. Khakd—For the Appellant. No one—For the Respondent. Appeal from Appellate Decree No. 375 of 1965. Judgment M.H. Rahman J.-This appeal, by the plaintiffs, is directed against the decision of the learned Subordinate Judge, 1st Court, Faridpur in T......Abdur Rahman Howladar................Respondent Judgment March 15, 1978. Result: The appeal is dismissed. Lawyers Involved: M. A. Khakd—For the Appellant. No one—For the Respondent. Appeal from Appellate Decree No. 375 of 1965. Judgment ..Category: Civil Law, Evidence Law | Date: 15 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. ......2 (In both the appeals). B. Hossain, Advocate-on-Record - For Respondent No.3 (In Civil Appeal 62 of 1978). Civil Appeal Nos. 62 & 78 of 1978. (On appeal from the judgment and order dated December 5, 1977 passed in Writ Petition Nos. 395 and 396 of 1977 by the High Court......are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......osed of by this judgment. Leave was granted to consider the following question: “Whether in the facts and circumstances of the case termination of the services of the petitioner, who is admittedly a permanent employee of the Bank, under Regulation 12(ii) of the Staff Regul..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
...., 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
......th S. M. Haque—For the Respondent
Writ Petition No. 630 of 1977
Judgment
Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question an order dated 22-8-77 (Annexure-G) of respondent No. 3, Director, Bangladesh Council of Scientific &am......peal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......
..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ....... The proceeding as to requisition comes to an end with release of the property under section 8. Appeal and Revision against requisition Section 4A empowers the Government to revise an order of the Deputy Commissioner requisitioning a land or of the Commissioner passed in appeal again......t Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ...... Present: Shahabuddin Ahmed J M. H. Rahman J Meheruddin………………………………………Petitioner Vs. Govt. of Bangladesh and others…………Respondents Ju..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
....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 Zone, Chittagong is under section 17(1) of the Sales Tax Act as amended by Finance Order, 1972. The short facts necessary for appreciating the question of law arising out of the order of the Income Tax Appellate Tribunal are as follows: The assessee Amin Jute Mills Limited impo......hich is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
......ted in: 30 DLR (HCD) (1978) 226.
..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)
....he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ......mdash;For Respodent No. 2. WritPetition No. 593 of 1977. Judgment Shahabuddin Ahmed J.- This rule under Article 102 of Constitution calls in question the legality of an order dated 26-7-76 of the Election Tribunal at Comilla (Second Court of Munsif) setting aside the p......er, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ...... ..Category: Election Law | Date: 17 Feb, 1978 | Hits: 7
Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)
....s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124. ...... Nos. 669-672 of 1977 Judgment Shahabuddin Ahmed J.-These four rules issued on four separate applications under Article 102 of the Constitution have been directed against a single order of a Labour Court, being order dated 26-8-77 of the Chairman, 1st Labour Court, Dacca reinstat......no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124. ......bsp; ..Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......nt K.M. Subhan J.- This appeal by the plaintiff-appellant is from the judgment and decree passed on 24-12-77 by the learned Subordinate Judge 3rd Court, Dacca in Title Suit No. 209 of 1977. This order was occasioned because of an application under Order 7, rule 11 of the Code of Civil......ourt Division (Civil Appellate Jurisdiction) Present: K.M. Subhan J Abdul Momith Chowdhury J Shnmsul Huda....................................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Result: ...... 16 DLR 298; AIR 1943 Cal. 36I; AIR 1967 (SC) 436; 43 IA 91; 10 DLR 431;18 DLR 709;1961(1) Chan. Div. 532; AIR 1859 Bom. 202; 1940 (I) Chan. Div. 393; 1889 (40) Chan. Div.; Baillie Vs. Oriental Telephone Co. Ltd. (1915) 1 Chan. Div. 503; Hogg Vs. Cramphorin, 1967 Chan. 254; Fender Vs. Lashington. 18..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
....e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ......h of this Court to which one of us was a party answered the question of law in the following terms: “In the facts and circumstances of the case, the Tribunal was justified in affirming the order of the Appellate; Assistant Commissioner and in holding that the premium paid for loss of prof......onsider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ...... also Reported in: 30 DLR (HCD) (1978) 224. ..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
....ed goods the documents he had received from the sender's end were lost from his custody. He reported the incident of loss of documents to the Kotwali Police Station, Dacca and the matter was also published in the Daily Azad. When the petitioner brought the matter to the notice of the Customs at ......din—For the Respondent. Writ Petition No. 60 of 1977. Judgment M.H. Rahman J.-In this application under Article 102 of the Constitution the petitioner has challenged an order, dated 17.2.75 of the Collector of Customs and Excise, Dacca in Appeal No. 4 of 1975 confiscat......de absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ......(1978) 300. ..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
.... 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 ......mdash;For the Appellant. Md. Abdur Rahim—For the Respondents. Second Appeal No. 359 of 1973 Judgment Abdur Rahman Chowdhury J.- These two applications, one for review of the order dated 14-11-77 passed by this court and another for leave to appeal under Clause 15 of the Let......lip;………………………Respondents Judgment February 9, 1978. Result: The application is rejected. Abatement of an appeal in part or as a whole- Since the appeal arose out of partition suit, the suit could not have pr......lved: S.S.Halder—For the Appellant. Md. Abdur Rahim—For the Respondents. Second Appeal No. 359 of 1973 Judgment Abdur Rahman Chowdhury J.- These two applications, one for review of the order dated 14-11-77 passed by this court and another for leave to appeal unde..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
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